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<br /> 201501590
<br /> DEED OF TRUST
<br /> Loan No: 111'1731-3 dC��7t1�1u�d] Page 2
<br /> any such laws; and {2} agrees ta indemnify, cEefend, and ho9d harmless Lender against any and all claims, lasses,
<br /> fiabilities, damages, penalties, and expenses which Lender may directfy ar indirectly sustain �r suffer resulting from
<br /> a br�ach of this section of the beed pf Trust or as a consequence of any use, generation, manufacture, storege,
<br /> disposal, re3ease or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br /> not the same was or should have been known #o Tr�stor. The provis€ons of this section of the �eed o� Trust,
<br /> induding the obligatipn to inderr�nify and defend, shall survive the payment of the lndebtedness and the satisfaction
<br /> and recon�eyance of the 3ien of this Deed af Trust anci sha{I not be affec#ed by Lender's acquisition of any interest
<br /> in the Property, whether by foreclosure or atherwise.
<br /> Nuisance, 1Naste. Trustor shall not cause, canduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping nf or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br /> foregang, Trustor wifl not remo�e, or grant ta any other party the r€ght to rerrtove, any timber, minerals {including
<br /> oi! and gasl, coal, cfay, scoria, soil, gravel or rock pro�ucts wiYhout Lender's prior written consent.
<br /> Removal of Improvements. Trus#or shall not demoiish or remo�e any Improvements from the Real Property without
<br /> Lender's prior written corosent. As a condition to the remavai of sny Impro�ements, Lender may require Trustor to
<br /> make arrangements satisfactory ta Lender to replace such Improvements with Improvements of at IeasC equa{
<br /> value.
<br /> Lender's Right to En#er. Lender and l.ender's agents and representatives may enter upon the Real Property at all
<br /> reasonabie times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br /> compliance with the terms and conditions of this Deed of Trust.
<br /> Campliance with Governmental Requirements. Trustor shall promptly comply with all faws, ordinances, arid
<br /> regulations, now or hereafter in effeci, of all governmentai authorities applicable to the use ar accupancy af the
<br /> Prpperty, includirsg without limitatian, the Americans With Disabilities Act Trustor may contest in good fa'tth any
<br /> such law, ordinance, or regulation and withhold campliance during any proceeding, including appropriate appeals,
<br /> so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lander's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor ta post adequate security or a surety
<br /> bond, reasonably satisfactary to Lender, to protect Lender's interest.
<br /> buty to Pratec#. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br /> acts, in addition to those ac#s set forth abnve in this section, which from the character and use of the Property are
<br /> reasona6ly necessary to pratect and preserve che Praperty.
<br /> DUE ON SALE -CONSEt1[T BY LENDER. Lender may, at Lender's option, declare immediately due and payable alf sums
<br /> secured by this need of 7rust upon the safe or transfer, without Lender's prior written conse�#, af all or any part of the
<br /> Rea! Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any
<br /> right, title or interest in the Reai Property; whether legal, beneficial or equitable; whether �oluntary or involuntary;
<br /> whether by outright safe, deed, insta�lment sale contract, land contract, contract for deed, €easehold interest with a
<br /> term greater than three {3] years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br /> or to any land trust holding titfe to the Real Property, or 6y any other method of conveyance of an interest in the Real
<br /> Property. If any TrusYor is a corporation, partnership or limited liability company, transfer also indudes any change in
<br /> ownership of more than twenty-five �ercent [25°�} of the voting stock, pertnership interests or limited liability campany
<br /> interests, as the case may be, of such Trustar. However, this option shall not be exercised by Lendar if such exercise
<br /> is prohihited by federal law vr by Nebraska law.
<br /> TAXES AND LIEfVS. The followir�g provisions relating to the taxes and liens on the Property are part of ihis Deed of
<br /> Trust:
<br /> Payman#. Trustar shall pay when due �and in all e�ents prior#o delinquency) all taxes, special taxes, assessments,
<br /> charges lincluding water and sewerf, fines and impositions levied against or on account of the Proparty, and shall
<br /> pay when due ap claims for work dane on or for services rendered or material furnished to the Praperty. Trustor
<br /> shall maintain the Property frae af all fiens having priority o�er or equal to the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessmer�ts not due, except for the Existing Indebtedness referred to
<br /> belaw, and except as otherwise provided in this Deed of Trust.
<br /> Right to Cnntest. Trustor may withhold payment af any tax, assessment, or claim in connection with a good faith
<br /> dispu#e over the obligation ta pay, so long es Lender's interest in the Property is not jeapardizec3. If a lien arises or
<br /> is filed as a result oF nonpayment, Trus#ar shall within fifteen {15) days after the lien arises or, if a lien is filed,
<br /> wi#hin fifteen {1 5) days after Trustor has notice of tha filing, secure the discharge of the lien, or if re[�uested by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory Yo Lender in an
<br /> amoun#sufficient to discharge the iien plus any cnsts end attorneys' fees, or other charges tha# could accrue as a
<br /> result o4 a foreclosure or sale under the [ien. In ar�y contast, Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shal3 name Lender as an additipnaf obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactnry evidence afi payment of the taxes
<br /> or assess�nenYs and shall authorize the appropriate governmental official to deliver to �ender at any time a written
<br /> statement of tha taxes and assessments against the Property.
<br /> Notice of Construction. Trustor shali notify Lender at least fiiteen {151 days Before any work is comm�nc�d, any
<br /> services are furnished, or any rnaterials are supplied to the Property, if any meche�ic's lien, materia[men's lien, or
<br /> other lien could be assertetf on account of the work, servicas, or ma#erials. Trustor will upon request of Lender
<br /> fumish ta Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE l[�SURANCE. 7he foliowing pro�isions relating to insearing the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance pf Insurance. Trustor shall procure and maintein pnficies of fire insurance witE� standard extended
<br /> coveraga endorsemenis or� a replacement basis fior the full insurabEe value covering all lmpro�ements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> clause in fa�ar of Lender. Trustor shall also prncure and maintain comprehensive generaf liabiiity insurance in such
<br /> coverage amounts as Lender may request with Trus#ee and Lender 6eing named as additional insureds in such
<br /> liability insurance policies, Add'€tianally, TrusYar shall maintain sucE� other insurance, including but not limited to
<br /> hazard, business interruption, and boiler insurance, as Lender rr�ay reasonably require. Policies shall be wri##en in
<br /> form, amounts, co�erages and basis reasonably acceptable to Lender and issued by a company or companies
<br /> reasonably acceptabie to Lender. l�rustor, upon request of Lender, will deliver to Lender froEn time ta time the
<br /> policies or certificates pf insurance in fosm satisfactory Yo Lender, including stipulations that co�erages will no# be
<br /> cancelled or diminished wfthout at least ten {10) days prior written �otice to Lender. Each insurance policy also
<br /> shall include an endorsement prouiding thaY coverage in fa�or of Lender will not 6e impaired in any way by any act,
<br /> omission or default of Trustor or any other person, Should t�e Real Property be located in an area designated by
<br /> the Administrator of the Federal Emergency Management Agency as a special fload hazard area, Trustor agrees to
<br /> nbtain and maintain Federal Flood Insurance, if availahle, for the full unpaid principal I�alance of the loan artd any
<br /> prior liens ❑n the properYy securing ihe loan, up to the maxirrium policy limits set under the National Ffooc4
<br /> Insurance Program, qr as otherwise required by Lender, and to maintain such insurance for the#erm of the loan.
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