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os-,o-,sss DEED o� ��usT 99-���960 ��ge �
<br /> Loan No 764136 (Conti�ued)
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<br /> expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this sectlon of the Deed of Trust or as a
<br /> consequence of any use,generation, manufacture,storage,disposal,release or threater�d release of a hazardous waste or substance on the
<br /> properties. The provisions of this section of the Deed of Trust, including the obllgation to indemnHy, shall survive the payment of the
<br /> Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisitlon of any
<br /> interest in the Property,whether by foreclosure or otherwise.
<br /> Nulsance,Waste. Trustor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of or waste on or to the
<br /> Property or any portion of the Property. Without limiting the generality of the foregoing,Trustor will not remove,or grant to any other party the
<br /> right to remove,any timber,minerals(including oil and gas),soil,gravel or rock produc�s without the prior written consent of Lender.
<br /> Ftemoval of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior written consent
<br /> of Lender. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br /> replace such Improvements with Improvements of at least equal value.
<br /> Lender's Right 4o Enter. Lender and its agents and representatives may enter upon the Real Properly at all reasonable times to attend to
<br /> Lender's interests and to inspect the Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust.
<br /> Compilance with GovemmenttU Requlrements. Trustor shall promptly comply with all laws, ordinances,and regulations, now or hereafter in
<br /> effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good falth any such law,
<br /> ordinance,or regulation and withhold compliance during any proceeding,including appropriate appeals,so long as trustor has notified Lender
<br /> in writing prior to doing so and so long as,in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require
<br /> 'i rustor 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 nor leav�unattended the Property. Trustor shall do all other acts,in addition to those acts
<br /> set forth above in this secHon,which from the character and use of the Property are reasonably necessary to prqtect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at its option,declare immediately due and payable all sums secured by this Deed of Trust
<br /> upon the sale or transfer,without the Lender's prior written consent, of all or any part of the Real Properiy,or any interest in the Real Property. A
<br /> "sale or transfe�'means the conveyance of Real Property or any right,title or interest therein;whether legal,beneflcial or equitable;whether voluntary
<br /> or involuntary;whether by outright sale, deed,instaliment sale contract,Iand contract,contract for deed,teasehold interest with a term greater than
<br /> three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
<br /> Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation, partnership or limited liability company,
<br /> transfer also includes any change in ownership of more than twenty-five percent (2596)of the voting stock, partnership interests or limited liability
<br /> company interests, as the case may be,of Trustor. However,this option shall not be exercised by Lender if such exercise i5 prohibited by federal
<br /> law or by Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of T�ust.
<br /> Payment. Trustor shall pay when due(and in all events prior to delinquency)all taxes,special taxes, assessmenis,charges(including water
<br /> and sewer), fines and impositions levied against or on account of the Property, and shall pay when due aH claims for work done on or for
<br /> services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to tho
<br /> interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due and except as otherwise provided in this Deed
<br /> of Trust.
<br /> Right To Contest. Trustor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation
<br /> to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,Trustor shall within
<br /> fifteen(15)days after the lien arises or,if a lien is filed,within fiffeen(15)days after Trustor has notice of the filing,secure the discharge of the
<br /> lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys'fees or other charges that could accrue as a result of a foreclosure or sale
<br /> under the lien. In any contest,Trustor shall defend itself and Lender and shall satisty any adverse judgment before enforcement against the
<br /> Property. Trustor shall name Lender as an additionai obligee under any surety bond furnished in the contest prxeedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br /> suthorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
<br /> �'roperty.
<br /> Notice of Construction. Trustor shall notify Lender at least fr(teen(15)days before any work is commenced,any services are furnished,or any
<br /> materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or•other lien could be asserted on account of the work,
<br /> senrices,or materials. Trustor will u on re uest of Lender furnlsh to Lender advance assurances satisfacto t L n r
<br /> P 4 ry o e de that Trustor can and will
<br /> pay the cost of such improvements.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br /> Melntenance ot Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
<br /> replacement basis for the full insurable value covering all Improvemenis on the Real Property in an amount sufficient to avoid application of any
<br /> coinsurance clause,and with a standard mo�tgagee clause in favor of Lender,together with such other hazard and liability insurance as Lender
<br /> may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor,upon request of Lender,will deliver to Lender from time to time the policies
<br /> or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelted or diminished without at
<br /> least ten(10)days'prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of
<br /> Lender will not be impaired in any way by any act,omission or default of Trustor or any other person. The Real Property is located in an area
<br /> designated by the Director of the Federal Emergency �llanagement Agency as a special flood hazard area. Trustor agrees to obtain and
<br /> maintain Federal Flood Insurance for the full unpaid principal balance of the loan, up to ihe ma�dmum policy limiis set under the National Flood
<br /> Insurance Program,or as othervvise required by Lender,and to maintain such insurance for the term ot the loan.
<br /> Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Trustor
<br /> fails to do so within fifteen(15)days of the casualty. Whether or not Lender°s security is impaired,Lender may,at its election,receive and retain
<br /> the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of any lien affecting the Property,or the
<br /> restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or replece the
<br /> damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
<br /> reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this Oeed of Trust. Any
<br /> proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of
<br /> the Property shall be used first to pay any amount owing to Lsnder under this Deed of Trust,then to pay accrued interest,and the remainder,if
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