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<br /> DEED �F TRUST
<br /> Loan N�: 11113D53 �Continued} Page 2
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligen�e in
<br /> in�esti�atin� the Property for Hazard�us Su�stances. Trustar hereby (1} releases and wai�es any future claims
<br /> against Lender for indemnity or cantributian in the e�ent Trustar be�omes liable for �leanup or other casts under
<br /> any such laws; and (2} agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resultin�from
<br /> a brea�h of this section of the Deed of Trust or as a ��nsequen�e of any use, generation, manufacture, stora�e,
<br /> disposal, release or threatened release occurrin� prior to Trustor's ownership or interest in the Property,whether or
<br /> not the same was or should ha�e been known to Trustar. The pro�isions of this section of the Deed of Trust,
<br /> includin�the obli�ation to indemnify and defend, shall sur�i�e the payment of the Indebtedness and the satisfactian
<br /> and re�on�eyan�e of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property,whether by foreclosure or atherwise.
<br /> Nuisance, Waste. Trustar shall not �ause, canduct or permit any nuisan�e nor commit, permit, or suffer any
<br /> strippin� of or waste on or to the Property or any partian of the Property. Without limiting the generality of the
<br /> fore�oin�, Trustar will not remo�e, or�rant to any other party the right to remo�e, any timber, minerals (including
<br /> oil and gas}, coal, clay, scoria, sail, gra�el or rack products without Lender's prior written consent.
<br /> RemaWal of ImpraWements. Trustar shall not demolish or remo�e any Impro�ements from the Real Property without
<br /> Lender's prior written consent. As a canditian to the remo�al of any Impro�ements, Lender may require Trustar to
<br /> make arrangements satisfactary to Lender to repla�e such Impro�ements with Impro�ements of at least equal
<br /> �al ue.
<br /> Lender's Right to Enter. Lender and Lender's agents and representati�es may enter upon the Real Property at all
<br /> reas�nable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br /> �omplian�e with the terms and conditions of this Deed of Trust.
<br /> Campliance with GoWernmental Requirements. Trustar shall pramptly comply with all laws, ordinan�es, and
<br /> re�ulations, now or hereafter in effect, of all go�ernmental authorities appli�able to the use or occupancy of the
<br /> Property, includin� without limitation, the Americans With Disa�ilities Act. Trustar may cantest in good faith any
<br /> such law, ordinan�e, or regulation and withhold �omplian�e during any pro�eeding, includin� appropriate appeals,
<br /> so Iong as Trustar has natified Lender in writing prior to doing so and so Iong as, in Lender's s�le opinion, Lender's
<br /> interests in the Property are not je�pardized. Lender may require Trustar to past adequate security or a surety
<br /> bond, reas�nably satisfactary to Lender, to protect Lender's interest.
<br /> Duty to Protect. Trustar agrees neither to aband�n or lea�e unattended the Property. Trustar shall do all other
<br /> acts, in addition to those acts set forth ab��e in this sectian,which from the character and use of the Property are
<br /> reas�nably ne�essary to protect and preser�e the Property.
<br /> �UE 4N SALE-CQNSENT BY LENDER. Lender may, at Lender's aptian, de�lare immediately due and payable all sums
<br /> se�ured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br /> Real Property, or any interest in the Real Property. A "sale or transfer" means the �on�eyan�e of Real Property or any
<br /> right, title or interest in the Real Property; whether legal, �eneficial or equita�le; whether �aluntary or in�aluntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leaseh�ld interest with a
<br /> term greater than three (3} years, lease-option contract, or by sale, assignment, or transfer of any �eneficial interest in
<br /> or to any land trust holding title to the Real Property, or by any other method of�on�eyan�e of an interest in the Real
<br /> Property. Hawe�er, this aptian shall not be exer�ised by Lender if such exer�ise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following pro�isions relatin� to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustar shall pay when due �and in all e�ents prior to delinquen�y}all taxes, spe�ial taxes, assessments,
<br /> �harges (including water and sewer}, fines and impositions le�ied against or on account of the Property, and shall
<br /> pay when due all claims for work d�ne on or for ser�i�es rendered or material furnished to the Property. Trustar
<br /> shall maintain the Property free of all liens ha�ing priority o�er or equal to the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due and except as ❑therwise pro�ided in this Deed of
<br /> Trust.
<br /> Right to Contest. Trustar may withhold payment of any tax, assessment, or claim in connection with a good faith
<br /> dispute o�er the obli�ation to pay, so Iong as Lender's interest in the Property is not je�pardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustar shall within fifteen �15} days after the lien arises or, if a lien is filed,
<br /> within fifteen �15} days after Trustar has natice of the filing, se�ure the dis�harge of the lien, or if requested by
<br /> Lender, deposit with Lender�ash or a sufficient corporate surety bond or other security satisfactary to Lender in an
<br /> amount sufficient to dis�harge the lien plus any casts and attorneys' fees, or other�harges that could a��rue as a
<br /> result of a foreclosure or sale under the lien. In any contest, Trustar shall defend itself and Lender and shall satisfy
<br /> any ad�erse jud�ment�efore enforcement against the Property. Trustar shall name Lender as an additional �bligee
<br /> under any surety bond furnished in the cantest pro�eedings.
<br /> E�idence of Payment. Trustar shall upon demand furnish to Lender satisfactary e�iden�e of payment of the taxes
<br /> or assessments and shall authorize the appropriate go�ernmental official to deli�er to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construction. Trustar shall notify Lender at least fifteen �15} days �efore any work is commenced, any
<br /> ser�i�es are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien could be asserted on account of the work, ser�ices, or materials. Trustar will upon request of Lender
<br /> furnish to Lender ad�an�e assuran�es satisfactary to Lender that Trustar �an and will pay the cost of such
<br /> impro�ements.
<br /> PR�PERTY DAMAGE INSl1RANCE. The following pro�isions relatin� to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> IVlaintenan�e of Insurance. Trustar shall procure and maintain poli�ies of fire insuran�e with standard extended
<br /> �o�erage endorsements on a repla�ement basis for the full insurable �alue co�ering all Impro�ements on the Real
<br /> Property in an amount sufficient to a�oid application of any �oinsuran�e �lause, and with a standard mortgagee
<br /> �lause in fa�ar of Lender. Trustar shall als� procure and maintain �omprehensi�e general liability insuran�e in such
<br /> �o�erage amounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br /> liability insuran�e policies. Additianally, Trustar shall rnaintain such other insuran�e, includin� but not limited to
<br /> hazard, business interruptian, and boiler insuran�e, as Lender may reas�nably require. P�li�ies shall be written in
<br /> form, amounts, �o�erages and basis reas�nably a��eptable to Lender and issued by a �ompany or �ompanies
<br /> reas�nably a��eptable to Lender. Trustar, upon request of Lender, will deli�er to Lender from time to time the
<br /> poli�ies or certificates of insuran�e in form satisfactary to Lender, includin� stipulations that �o�erages will not be
<br /> �an�elled or diminished without at least ten �1 D} days prior written natice to Lender. Each insuran�e policy als�
<br /> shall in�lude an endorsement pro�idin�that�o�erage in fa�ar of Lender will not be impaired in any way by any act,
<br /> omission or default of Trustar or any other person. Should the Real Property be Iocated in an area designated by
<br /> the Administratar of the Federal Emergen�y Management A�ency as a spe�ial flaad hazard area, Trustar agrees to
<br /> obtain and maintain Federal Fl��d Insuran�e, if a�ailable, for the full unpaid principal balan�e of the I�an and any
<br /> prior liens on the property se�uring the Ioan, up to the maximum policy limits set under the National Fl��d
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