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201704555
<br />DEED OF TRUST
<br />Loan No: 10022430 (Continued) Page 2
<br />any such ;aws; and (2) agrees to indemnify, defend, and hold harmless Lander againstany and all claims, losae,5,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,,
<br />disposal, release or threatened release occurring prior to Trustors ownership or interest in the Property, whether or
<br />not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance 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 otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />'foregoing, Trustor will not remove, or grant -to any other party the right to remove, any timber, m1nerals (Including
<br />oil and gas), Goal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender"s prior written consent. As a condition to the removal of any Improvements, Lander may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />value.
<br />Lender"s Right to Enter. Lender and Lenderys agents and representatives may enter upon the Real Property at afl
<br />reasonable times to attend to Lender T 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 />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in affect, of all governmental authorities applicable to the use or occupancy of the
<br />Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during
<br />any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br />and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may requIre
<br />Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect, Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br />acts., in addition to those acts set forth above in this sectionr which from the character and use of the Property are
<br />reasonably necessary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender'a option, declare immediately due and payable all sums
<br />secured by th1s 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 conveyance of Real Property or any
<br />right, t1ile or interest -in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deedr leasehold interest with a
<br />term greater than three (3) years, lea:se-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br />or to any land trust holding title to 1he Real Property, or by any other method of conveyance of an interest in the Real
<br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by
<br />Nebraska law,
<br />TAXES AND LIENS. The fo[lowing provisions relating to the taxes and liens on the Property are part of this Deed of
<br />Trust:
<br />Payment. Trustor sh;a[l pay when due (and in all events prior to de[inquency) all taxes, special taxes, assessments,
<br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br />shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the lien of taxes i�ind a:ssessrnents not due, exc;ept for 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 obligation to pay, so long as Lender"s interest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br />within fifteen (15) days after Trustor has notice of the tiling, secure the discharge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufficient oorporate surety bond or other security satisfactory to Lender in an
<br />amount sufficiam to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br />result of a foreclosure or saie under the Hen, In any contest, Trustor shall defend itself and Lender and shall satisfy
<br />any adversia judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br />or assessments and shail authorize the appropriate governmental official to deliver to Lender at any time a written
<br />statement of the taxes and assessments against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen J1 5) days before any work is commenced, any
<br />Services are furnished, or any materials are supplied to the Property, -If any mechani-Cs lien, materialmon's lien, or
<br />other lien could be asserted on account of the work,, services.. or malerials- Trustor will upon request of Lender
<br />furnish to Lender advance assurar)GBS satisfactory to Lender that Trustor can and will pay the cost of such
<br />improvements.
<br />PROPERTY DAMAGE INSURANCE. The following. provisions relating to insuring the Property are a part of this Deed of
<br />Trust,
<br />Maintenance of Insurance. Trustor -shall procure and maintain p0liGies of fire insurance with standard extended
<br />coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
<br />Property in an amount sufficient to avoild applicalion of -any coinsurance clause.. and with a standard mortgagee
<br />clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require.
<br />Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br />company or companies reasonably acGeptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br />from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
<br />coverages will not be cancelled or diminished without at le-ast ten (10) days prior written notice to Lender. Each
<br />insurance poliGy also shall include an endorsement providing that coverage in favor of Lender will not be, impaired
<br />in any way by any act, omission or default ot Trustor or any other person. Should the Beal Property be located in
<br />an area designated by the Administrator of the Federal EmergeriGy Management Agency as a special flood hazard
<br />area, Trustor agrees to ob-lain and maintain Federal Flood Insurance, if available, for the fu[I unpaid principal
<br />balance of the loan and -any prior I�ens on the property securing the loan, up to the maximurn policy limits set under
<br />the National Flood Insurance Program, or as otherwise required by Lender, and to maintain Such insurance for the
<br />term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lenider may
<br />make proof of �oss if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's
<br />security is impaired, Lender may, at Lender's eleotion, receive and retain the proceeds of any insurance and apply
<br />the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration
<br />-and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or
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