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2� 1 �� 13�9
<br /> DEED DF TRUST
<br /> �C�ntinuedj Pa�e �
<br /> inspect�ans and tests. a# Trustv�'s expense� as Lend�r may deem appropriate tn determine c�mp�iance o# the
<br /> Property with this s��tion ❑f the Deed of Trust. Any inspectians ar tests made by Lend�r shall be for Lender's
<br /> purposes only and shall not be construed tv create any responsibility vr I�ability an the part of Lender to Trustvr or
<br /> tv any other persan. The representations and wa�ranties contained herein are based on Trustor's due diligence in
<br /> in�estigating the P�vperty far Hazardous 5uhstances. Trustor h�reby �1 y releases and wai�es any future claims
<br /> against Lender for indemnity or cvntribution in #he e�ent Trustar hecomes liaale �or cleanup or other costs under
<br /> any su�h laws; and �2j agrees to indemnify, defend, and hold harmless Lender against any and all �laims, Iosses,
<br /> liabiliti�s� damages, penalties, and expenses which Lender may directly�r indirectly sustain or su#fer resulting frvm
<br /> a breach o� this section ❑f the ❑eed of Trust or as a cons�quence �# any use, gen�ration, manufacture, storage,
<br /> disposa�, release or#hrea#ened release occurring prior#o Trustor's ownership or int�rest in the Property, whether or
<br /> not the seme was or should ha�e heen known to Trus�or. The prv�isions of this section of #he Deed of Trust,
<br /> rncluding the obligatian to indemnity and defsnd, shall sur�i�e the payment�t the Indebtedness and the satisfacti�n
<br /> and reGan�eyance of the lien of this ❑eed of Trust and shall nat be affected by Lender's acquisi#i�n af any interest
<br /> in the Praperiy, whether by foreclosure or vtherwEse.
<br /> Nuisance, Weste. Trustor shall nvt �ause, canduct �r permi# any nuisance nar cvmmit, permit. vr suffier any
<br /> stripping of vr waste on or ta �he Property or any portian of the Prvperty. Wi�hout limiting the generality �f #he
<br /> faregaing, Trustor wiil not remv�e, vr grant#o any ❑ther party the right to remo�e, any timber, m�nerals �including
<br /> vil and gasy, coal, clay, scoria, svil, gra�el or rock products without Lender's pri�r written cvnsent.
<br /> Remo�al of Impro�ements. Trustor shall not demolish or rema�e any Impro�emsnts from the Real Property without
<br /> Lender's prior written consent, As a cand�tian t❑the remo�a�af any Impro�ements, Lender may require Trustor ta
<br /> make arranyements satisfa�tory to Lender ta replace such Impro�ements with Impro�ements ❑f at least equal
<br /> �alue.
<br /> Lander's Right to Enter. Lender and L�nder's agents and representati�es may enter upon the Real Property at all
<br /> reasonable times tv attend to Lender's interests and tv inspect the Real Praperty fvr purpases af Trustor`s
<br /> complian�e with the terms and �onditions of this Deed of Trust.
<br /> Cvmp�i�n�e with Gv�ernmental Requirements. Trustor shall prvmptly c�mply with all laws. ardinances, and
<br /> regula#ions, now or hereafter in effect� af all gn�ernmental authorities applicable to the use or oc�upancy o� th�
<br /> Property. Trustvr may contest in good�aith any such law,ordinan�e, or regulation and wi�hhvld compliance during
<br /> any proceeding, including appropriate appeals. so Iong as Trustor has notified Lender in writing prior tv doing so
<br /> and so Iong as, in Lender's sole vpinion, Lender's interes#s in the Property are not jeopardiied. Lender may require
<br /> Trustor to pvst adequate security or a surety bvnd, reasonably satisfactory to Lender, to prv#ect Lender`s interest.
<br /> Duty to Protact. Trustor agrees neither t❑ abandvn or lea�e unat�ended the Property. Trustor shall do all other
<br /> acts, in additivn tv thase acts set�orth abaue in this sectivn, which frvm the �haracter and use�f the Property are
<br /> r�asvnably necessary to pratect and preser►►e the Property.
<br /> DUE�N SALE-C�NSENT BY LENDER. Lender may, at Lender's vption, declare immediately due and payable all sums
<br /> secured by this Deed❑f Trust upon ths sale ar transfer, without Lender's prior written�onsent, of all or any part of the
<br /> Rea! Property� or any int�rest in the Rea� Property. A "sale vr trans#e�" means the con��yance of Real Property or any
<br /> right, title or interest in the Real Property; whether legal, bene#icial or equitable; whether �oluntary ❑r in�oluntary;
<br /> whether by outright sale, de�d, insta�iment sale �ontract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three �3j years, lease-aption contra�t, or �y sale, assignment, �r transfer af any �eneficial interest in
<br /> or to any land trust holding title to the Real Praperty, or by any other methad ❑f con��yance of an interest in the Real
<br /> Property. Hawe�er. this vption shall not be exerG�sed hy Lender if such exercise is proh�bited by federal �aw or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The fo�lowing pro�isivns relating to the taxes and lisns on the Property are part of this ❑eed of
<br /> Trust:
<br /> Payment. Trus#vr shall pay when due �and in all e�ents pr�vr tv delinqusncyj all taxes. special taxes. assessments�
<br /> charges �including water and sewer�, fines and impositi�ns le�ied against or�n accaunt of the Prope�ty, an�i shall
<br /> pay when due all claims for work done vn ar far ser�ices rendered ar materiai #u�nished to #h� Praperty. Trustvr
<br /> shall maintain the Property fr�e of all liens ha�ing priority o►►er ar equal tv#he interest of Lender under this Deed o#
<br /> Trust, ex�ept for the tien of taxes and assessments not due, except fvr th� Existing Indehtedness r�f�rred to
<br /> belaw, and except as otherw�se pro�ided in this Deed af Trust.
<br /> Right to Contest. Trustor may withhvld payment vf any tax, assessment. vr claim in �onne�tion with a good iai#h
<br /> disput�o�er the obliga#ion t❑pay, so long as Lender`s int�rest in the Prvp�rty is not jevpardizsd. I�a lien arises or
<br /> is fiied as a result of nanpayment, Trustv� shall wi#hin #ifteen �15f days a�ter th� lien arises nr, if a lien is filed,
<br /> within fifteen t 15y days �f#er Trustor has nntice of the filing. secure the discharge of the lien. or if re�uested by
<br /> Lender,cieposit with L�nder Gash or a sufficient corpvrate surety bond or other security sa#isfactory ta Lender in an
<br /> amaunt sufficient to discharge the lien plus any costs and a�torneys' fees� or ather charges that c�uld accrue as a
<br /> result of a fvreclosu�e or sale und�r the lien. In any contest. Trustor shall defend itself and Lender and shall satisfy
<br /> any ad�erse�udgment hefore enforcement against the Property. Trustar shall name L�nder as an additivnal obligee
<br /> under�ny surety bvnd furnished in the contest prv�eedings.
<br /> E�idence o#Payment. Trustor shall upon demand furnish to Lender satisfactory e�idence of payment of the #axes
<br /> ar assessments and shall authorize the apprapriate go�ernmental official ta deli�er to Lender at any time a writt�n
<br /> statement flf the taxes and assessments against the Property.
<br /> Natice of Constru�t�on. Trusto� shall natify Lender at least fifteen {15) days before any work is commenced, any
<br /> ser�ices are furnished, vr any materials are supplied t�the Property. �f any mechanic's lien� materialmen's lien, vr
<br /> other lien cvuld be ass�rted vn account of the work, ser�ices. or rnaterials and the cost exceeds $1,���.�fl.
<br /> Trustor will upon request of Lender furnish to Lende� ad�ance assurances satisfactory tv Lender that Trustvr can
<br /> and will pay the�ast❑f such impro�ements.
<br /> PR�PERTY aAIIAA�E INSIIRANCE. The following pro�isions re�ating ta insuring the Rroperty are a part of this Deed of
<br /> Trust.
<br /> Niaintenance of Insur�nce. Trustar shal� procure and maintain poli�ies of fire insuran�e with standard extended
<br /> co�erage endors�ments on a replacement basis fvr the full insurable �alue co�er+ng all Impro�ements on the R�a�
<br /> Praperty in an am�unt sufficient to a�oid application af any coinsurance clause, and with a standard mvrtgagee
<br /> clause in fe�or of Lend�r, together with su�h other hazard and liability insurance as L�nder may r�asonably require,
<br /> Pvlicies shall be written in form, amoun�s, co�erages and basis reasonahly acceptable to Lender and issued by a
<br /> �vmpany or �ampanies reasonably a��eptab�e ta Lender. Trustvr� upvn request of Lender, wi�� deli�er tv Lender
<br /> from time tv#ime the policies❑r certificates af insurance in form satisfactory#❑ Lender, including stipulations that
<br /> ca�erages will not be cancelled or diminished without at I�ast thirty �3Dy days prior written notice to Lender. Each
<br /> insuran�e po�icy alsa shall in�iude an endorsement proUiding that co►►erage in fa�or o# Lender will not be impaired
<br /> in any way by any ac#, omission ar defauit of Trustor ar any vth�r person. Should the Real Praperty be ivcated in
<br /> an area designated by #he Administrator of ihe Federal Emergency Management Agency as a special flo�d hazard
<br /> area, Trustvr agrees �o obtain and maintain Federal Fload Insuran�e, if a�ailab�e, �or the maximum amount af
<br /> Trustor's �redit line and the full unpaid principal balance of any priar liens on the property se�uring the laan, up to
<br /> the maximum policy limits set under the Natianal F�aod Insurance Program, or as otherwis�required by Lender, and
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