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20000510' <br />Lender's security is not lessened, otherwise said proceeds shall be paid on the debt herein, whether or not then <br />due. <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds from <br />insurance shall not extend or postpone the due date of the monthly payments provided in said instrument of <br />indebtedness, or change the amount of the payments. <br />5. Borrower shall keep the described Property in good condition and repair; shall promptly repair, <br />or replace, any improvement which may be damaged or destroyed; shall not commit or permit any waste or <br />deterioration of the real estate hereinabove described, shall not remove, demolish or substantially alter any <br />of the improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the <br />Property in violation of any law, ordinance or regulation; and shall promptly discharge at Borrower's cost and <br />expense all liens, encumbrances, and charges levied, imposed or assessed against the described real estate or <br />any part thereof. <br />6. Borrower shall keep the Property in compliance with all applicable laws, ordinances, and <br />regulations relating to environmental protection (collectively referred to herein as "Environmental Laws "). <br />Borrower shall keep the Property free from all substances deemed to be hazardous or toxic under any <br />Environmental Laws (collectively referred to herein as "Hazardous Materials "). Borrower hereby warrants <br />and represents to Lender that there are no Hazardous Materials on or under the Property. Borrower hereby <br />agrees to indemnify and hold harmless Lender and any successors to Lender's interest, from and against any <br />and all claims, damages, losses and liabilities arising in connection with the presence, use disposal or transport <br />of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND <br />REPRESENTATION, AND BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING <br />INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. <br />7. Borrower shall not sell, transfer, assign, convey or further encumber all or any part of or any <br />interest in the Property hereinabove described, either voluntarily or involuntarily, without the express prior <br />written consent of Lender or as otherwise herein permitted, and in the event of any such sale, transfer, <br />assignment, conveyance or transfer in violation of this provision, Lender shall have the option to declare all <br />sums secured hereby immediately due and payable. <br />8. If Borrower fails to perform the covenants and agreements herein contained, Lender may do <br />and pay for whatever is necessary to protect the value of the property and Lender's rights in the Property, <br />including the paying of any sum secured by a lien which has priority over this Deed of Trust, appearing in <br />Court, paying reasonable attorney fees and entering the Property to make repairs. Any amount disbursed by <br />Lender under this paragraph shall become an additional debt of Borrower secured by this Deed of Trust, to <br />bear interest from the date of disbursement and said amount, together with the then unpaid principal amount, <br />shall bear interest at the highest lawful rate until refunded by Borrower. <br />9. The proceeds of a condemnation award are hereby assigned and shall be paid to Lender and <br />shall be applied to the sums secured by this Deed of Trust, whether or not then due, with any excess to be paid <br />to Borrower. <br />10. Any extensions or modifications of the loan granted by Lender to any successor in interest of <br />Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise <br />of any right or remedy. <br />11. Any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or <br />mailing it by first class mail unless Nebraska law requires use of another method, at the Borrower's last <br />known address. <br />12. This Deed of Trust shall be governed by Nebraska law. <br />13. Lender shall give notice to Borrower following Borrower's breach of any covenant or <br />agreement in this Deed of Trust and the Debt which it secures. The notice shall specify (a) the default, (b) <br />the action required to cure the default, (c) a date not less than ten (10) days from the date the notice is given <br />to Borrower by which the default must be cured, and (d) that failure to cure the default on or before the date <br />specified in the notice may result in acceleration of the sum secured by this Deed of Trust and sale of the <br />property pursuant to the power of sale herein granted. The notice shall further inform Borrower of the right <br />to reinstate, after acceleration, and the right to bring a court action to assert the nonexistence of a default or <br />any other defense of Borrower to acceleration and sale. If default is not cured, on or before the date specified <br />