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202102673
<br />except if restoration or repair is not economically feasible, or if Lender's security is not lessened;
<br />otherwise, said proceeds shall be paid on the Debt herein, whether or not then 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
<br />Note, or change the amount of the payments.
<br />5. Upon written demand by Lender, Borrower shall pay to Lender, in such manner as
<br />Lender may designate, sufficient sums to enable Lender to pay as they become due one or more
<br />of the following: (i) all taxes, assessments, and other charges against the Property; (ii) the
<br />premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage
<br />insurance required by Lender.
<br />6. Borrower shall keep the described Property in good condition and repair; shall
<br />promptly repair or replace any improvement which may be damaged or destroyed; shall not
<br />commit or permit any waste or deterioration of the real estate hereinabove described; shall not
<br />remove, demolish, or substantially alter any of the improvements on the Property; shall not
<br />commit, suffer, or permit any act to be done in or upon the Property in violation of any law,
<br />ordinance, or regulation; and shall promptly discharge at Borrower's cost and expense all liens,
<br />encumbrances, and charges levied, imposed, or assessed against the described real estate or any
<br />part thereof.
<br />7. Borrower shall keep the Property in compliance with all applicable laws,
<br />ordinances, and regulations relating to industrial hygiene or environmental protection
<br />(collectively referred to herein as "Environmental Laws"). Borrower shall keep the Property free
<br />from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively
<br />referred to herein as "Hazardous Materials"). Borrower hereby warrants and represents to Lender
<br />that there are no Hazardous Materials on or under the Property. Borrower hereby agrees to
<br />indemnify and hold harmless Lender and its directors, officers, employees, and agents, and any
<br />successors to Lender's interest, from and against any and all claims, damages, losses, and
<br />liabilities arising in connection with the presence, use, disposal, or transport of any Hazardous
<br />Materials on, under, from, or about the Property. THE FOREGOING WARRANTIES AND
<br />REPRESENTATIONS, AND BORROWER'S OBLIGATIONS PURSUANT TO THE
<br />FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF
<br />TRUST.
<br />8. Borrower shall not sell, transfer, assign, convey, or further encumber all or any part
<br />of or any interest in the Property hereinabove described, either voluntarily or involuntarily,
<br />without the express prior written consent of Lender, or as otherwise herein permitted; and in the
<br />event of any such sale, transfer, assignment, conveyance, or transfer in violation of this provision,
<br />Lender shall have the option to declare all sums secured hereby immediately due and payable.
<br />9. If Borrower fails to perform the covenants and agreements herein contained,
<br />Lender may do and pay for whatever is necessary to protect the value of the property and Lender's
<br />rights in the Property, including the paying of any sum secured by a lien which has priority over
<br />this Deed of Trust, appearing in Court, paying reasonable attorney fees, and entering the Property
<br />to make repairs. Any amount disbursed by Lender under this paragraph shall become an additional
<br />debt of Borrower secured by this Deed of Trust, to bear interest from the date of disbursement,
<br />and said amount, together with the then -unpaid principal amount, shall bear interest at the highest
<br />lawful rate until refunded by Borrower.
<br />10. The proceeds of any condemnation award are hereby assigned and shall be paid to
<br />Lender and shall be applied to the sums secured by this Deed of Trust, whether or not then due,
<br />with any excess to be paid to Borrower.
<br />11. Any extensions or modifications of the loan granted by Lender to any successor in
<br />interest of Borrower shall not operate to release the liability of the original Borrower or
<br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
<br />shall not be a waiver of or preclude the exercise of any right or remedy.
<br />12. Any notice to Borrower provided for in this Deed of Trust shall be given by
<br />delivering it or mailing it by First -Class Mail, unless Nebraska Law requires use of another
<br />method, at the Borrower's last -known address.
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