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DEED OF TRUST 200400191
<br />(Continued) Page 2
<br />attend to Lender's Interests antl to Inspect the Heal Property for purposes of Theater's compliance with the terms and conditions of this Dead
<br />of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
<br />in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good faith any such law,
<br />ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Truster has notified
<br />Lender In writing prior to doing as and so long as, in Lender's sole opinion, Lender's interests In the Property are not jeopardized. Lender
<br />may require Trustor to past adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect Treater agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to these
<br />acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
<br />Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lan i option, declare immediately due and payable All sums secured by this Dead
<br />of Trost upon the safe or transfer, without Lentler s prior written consent, of all or any part of the Real Property, or any interest in the Real Property.
<br />A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold interest with
<br />a term greater than three (3) years, ease - option contract, or by sale, assignment, or transfer of any beneficial Interest in or to any land trust
<br />holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be
<br />oxemised by Lender if such exorcise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Read of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, saci
<br />pal taxes, assessments, charges (including water
<br />and sewer), flees and Impositions levied against or on account of the Property, and shell pay when due all claims for work dorm on or for
<br />services rendered or material furnished to the Property. Trustor shall maintain the Property has of all liens having priority over or equal to the
<br />interest of Lender under this Dead of Trust, except for the lien of taxes and assessments not due and except as otherwise provided In this
<br />Dead of Trust.
<br />Right to Contest. Tmstor may withhold payment of any tax, assessment, or claim in connection wish a good faith dispute over the Obligation
<br />to pay, so long as Lenders interest in the Property Is not jeopardized. If a lien arises or Is III as a result of nonpayment, Trustor shall within
<br />fifteen (15) days after the lien arises or, If a lien is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the
<br />Ilan, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or Other secur'ay satisfactory to Lender in an
<br />amount sufficient to discharge the Ilan plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or
<br />sale under the lien. In any contest, Trustor shall defend itself and Lander and shell satisfy any adverse judgment before enforcement against
<br />Me Property. Trustor shall name Lander as an additional obligee under any surety bond famished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the texas and assessments against the
<br />Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or
<br />any materials are supplied to the Property, it any mnchanir.'s lien, materialmen's lien, or other lien could be asserted on account of the won,
<br />services, or materials. Trustor will upon request of Lander furnish to Lender advance assurances satisfactory to Lender that Trustor can antl
<br />will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a pad of this Dead of Trust.
<br />Maintenance of Insurance. Trustor shall creature and maintain policies of fire Insurance with standard extended coverage endorsements on
<br />a replacement basis for the full insurable value covering all Improvements on the Reel Property in an amount sufficient At avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause In favor of Lander, together with such other hazard and liability Insurance os
<br />Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and Issued
<br />by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lander from time to time the
<br />policies or certificates of Insurance In form satisfactory M Lander, Including stipulations that coverages will not be cancelled or diminished
<br />without at least thirty (30) days prior written notice to Lander. Each insurance policy also shall Include an endorsement providing that
<br />coverage in favor of Lander will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real
<br />Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,
<br />Trustor agrees to obtain and maintain Fal l Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is
<br />located in a speclal flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,
<br />up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to molecule such
<br />insurance for the term Of the loan.
<br />Application of Proceeds. Trustor shall promptly note Lender of any loss Or damage to the Property. Lander may make proof of loss if
<br />Trustor fails to tlo so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lander may, at Lender's election,
<br />receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting
<br />the Property, or the restoration and repair of the Properly. If Lender elects to apply the proceeds to restoration and repair, Theater shell
<br />repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such
<br />expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor Is not in default under this
<br />Dead of Trust. Any proceeds which have not been i isbursed within 180 days after their receipt and which Lender has not committed to the
<br />repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Dead Of Trust, then to pay accrued
<br />Interest, and the remainder, If any, shell be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment
<br />in full of the Indebtedness, such proceeds shall be paid to Trustor as Truster's interests may appear.
<br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrences, And other claims,
<br />(R) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lander may do so. If any action or
<br />proceading Is commenced that would materially affect Lender's interests In the Property, then Lander an Trustar's behalf may, but is not required
<br />to, take any action Chet Lender believes to be appropriate to protect Lender's Interests, All expenses incurred or paid by Lander far such
<br />pehppeas will then bear Interest at the rate chargetl under the Note (ram the data Incurred or paid by Lender to the date of repayment by Trustor.
<br />All such expenses will become o part of the Indebtedness sad, at Lender's option, will (A) be payable on demand; (B) be added to the balance
<br />of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the farm of any
<br />applicable Insurance policy; or (2) the remaining term of the Note) or (C) be treated as a balloon payment which will be due and payable at the
<br />Note's maturity. The Dead of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in mil to
<br />any Other rights or any remedies to which Lender may be emitted on account of any default, Any such action by Lender shall not be construed as
<br />curing the default so as to bar Lander from any remedy that it otherwise would have had.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pad of this Dead! of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds goad and marketable title of record to the Property In fee simple, free and clear of all liens and
<br />encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion
<br />Issued In favor of, and accepted by, Lander in connection with this Deed of Trust, and fbl Trustor has the full right power, and authority to
<br />execute antl tlelivor this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against
<br />the lawful claims of all persons. In the event any action or proceeding is commenced that questions Theater's title or the interest of Trustee or
<br />Lander under this Deed of Trust, Trustor shall defend the action at Trussay expense. Trustor may be the nominal party in such processing,
<br />but Lender shall he entitled to participate in the proceeding and to be represented in the proceeding by counsel of Leader's own choice, and
<br />Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such
<br />participation.
<br />Compliance With Laws. Theater warrants that the Property and Trustar's use of the Property compiles with all existing applicable laws,
<br />ordinances, and regulations Of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made In this Dead of Trust shall survive the execution and
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