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201500966
<br /> D�ED OF TRUST
<br /> Loan No: 1C10126D5 (Continued} Page 2
<br /> any such [aws; and i21 agrees to indemnify, defend, and hold harmless Lender against any and all c[aims, losses,
<br /> liabilities, damages, penalties, 8nt{ expenses which Lender may directly or indirectEy sustain or suffer resulting from
<br /> a breach of this sectian of the Deed of Trust or as a consequence of any use, generation, menufacture, storage,
<br /> disposaf, reledse or threatened release occurring prior to Trustor's ownesship or interest in the Property, whether or
<br /> not the same was or shauld have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> inc[uding the ob[igation to indemnify and defend, shall survive the payment vf the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and sha[i not be affected by Lender's acquisition of any interest
<br /> in#he Property, whether by foreclosure or otherwise.
<br /> N�tisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor comrr�it, permii, or suffer any
<br /> stripping of or wasYe on or to the Property or any portion of the Properry. Without limiting the generality of the
<br /> foregoing, Trustor wifl not remo�e, or grani to any other party the right to remove, any timber, minerals (including
<br /> oil and gas1, coal, clay, scoria, soi[, gravel or rock products withou#Lender's Rriqr written consen#_
<br /> Removal of Improvements. Trustor shall not demolish or remove any lmpro�ements from the Real Property without
<br /> Lender's prior written cansent. As a condition to the remaval o�any Improvernents, Lender may require Trustor to
<br /> make arr�ngements satisfactory ta Lender to replace such Improvements with Impro�ements of at ]east equal
<br /> �alue.
<br /> Lender's Righ#to Enxer. Lender and Lender's agents and representati�es may enter upon ihe Real Property at alf
<br /> reasonab�e times to attend to Lender's interests and to inspect Yhe Rea[ Property far purposes of Trustor's
<br /> compliance with the terrns and conditions of this Deed of Trust.
<br /> Compliance with Go�ernmental Reqoirements. Trustor sf�al[ promptly compfy with all laws, qrdinances, and
<br /> regulations, now or hereafter in effect, of all governmenta] authorities applicab[e to the use or occupancy af the
<br /> Property. Trustar may contest in goad faith any such law, ardinance, or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals, so lor�g as Trustor has noiified Lender in writing privr to doing so
<br /> and so long as, in Lender's sale opinion, Lender`s interests in the ProperCy are not jeopardized. Lender may require
<br /> Trustor to post adequate security vr a surety bond, reasonably satisfactory to Lender,ta protect Lender's interest.
<br /> Du#y to Protact. Trus#or agrees nei#her to abandon or [eeve unattended the Property. Trustor shall do al[ otf�er
<br /> acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
<br /> reasonably necessary to protect and preserve the Propert}r.
<br /> DUE ON SALE- CQNSENT SY LENDER. Lender may, at Lender's option, declare immediately due and paya6le all sums
<br /> secured by this Deed of 7rust upon xhe 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 conveyance of Real Property or any
<br /> right, t'stle or 'snterest in the Real Property; whether legal, beneficial or equita6le; whet�ner voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land coniract, cantract for deed, [easehold interest with a
<br /> term greater than three (3) years, ]ease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br /> or to any land trust holding title to the Rea] Property, or by any other method of conveyance of an interest in the fteal
<br /> Property. Nowever, this option shalf not be exercised by Lender if such exercise is prohibited by federal [aw or by
<br /> Nebraska faw.
<br /> TAXES A�iD LIENS. The following pravisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due {and in all events prior to delinquency) all taxes, special taxes, assessments,
<br /> charges (including water and sewer], fines and impositions levied against or on account of the Prpperty, and shali
<br /> pay when due all c[aims for work done on or for services rendered or material furnished to the Property, Trustor
<br /> shall maintain the Praperty free of all liens having priority over or equaf to the interest of Lender under this Deed of
<br /> Trust, excegt for the lien of taxes and assessments not due, except fpr the Existing Indebtedness referred to
<br /> below, and except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br /> dispute over the obEigation to pay, so [ong as Lender's interest in the Property is not jeopardized. If a fien arises or
<br /> is filed as a resuli of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifteen [i 51 days after Trustor has notice of the filing, secure the discharge ofi the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety bond or other secusity satisfactory#o Lender in an
<br /> amount sUfficient to discharge the lien plus any costs and attorneys' fees, or oYher charges that could accrue as a
<br /> result of a foreclosure or sale under the lien. In any contest, Trustor sha[I defend itself and Lender and shall satisfy
<br /> any ad�erse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond Fumished in the contest proceedings.
<br /> E�idence of Payment. Trustor sha[I upon damand furrsish to Lender saiisfactory evidence of payment ofi the taxes
<br /> or assessments and shall authorize the appropriate govemmen#al officia] to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Constr�ction. Trustor shall notify Lender at least fifteen {15) days before any work is commenced, any
<br /> services are furnished, or any materials are supplied to Yhe Property, if any mechanic's lien, materia[men's lien, or
<br /> other lien could be asserted on account of the work, serv9ces, or materials. Trustor wi11 upon request of Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY D,4MAGE iIVSURANCE. The following provisions relating to insuring the Property are a part of this Deed af
<br /> Trust.
<br /> IVlaintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis fpr the full is�surable value covering all lmprovements on the Real
<br /> Property on an amount sufficient to avoid app[ication of any coinsurance c[ause, and with a standard mortgagee
<br /> cEause in favor of Lender, together wit[� such other hazard and [iability insurance as Lender may reasonably require.
<br /> Po�icies shall be written in form, arrtounts, coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Le�der. 7rustar, upon request of Lender, will deliver to Lender
<br /> from time to time the policies or certificates of:nsurancs in form satisfactory to �ender, including stipulations that
<br /> co�erages wil! not be cancelled or diminished withouY at least ten i10a days prior wrirten notice to Lender. Each
<br /> insurance policy also shall include an endorsement prp�iding that coverage in 'favor of Lender wip not be impaired
<br /> in any way by any act, omission or default of Trustor or any other person. Should the Real ProperYy be locatect in
<br /> an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard
<br /> area, Trustor agrses to obtain and mainFain Federa] Flood Insurance, if available, for the full unpaid principal
<br /> balance of the laan and any prior liens on the property securing the foan, up to the maximum policy limits set under
<br /> the National Flood Insurance Prpgrarrt, qr as atherwise required by Lender, and Eo maintain such insurartce for the
<br /> term of the loan.
<br /> Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may
<br /> make proof of loss i�F 3rustor fails to do so within fifteen {15} days of the casualty. Whet[�er or not Lender's
<br /> security is impaired, Lender may, at Lender's election, receive and reiain the proceeds of any insurance and apply
<br /> the proceeds to the reduction of the Indebtedness, payment of any lien affecting Che Property, or the restoration
<br /> and repai�ofi the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair ot'
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