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` os-�0-�999 DEED OF TRUST , . 99- 1(�596fi �Page 3
<br /> Loan No 764039 (C�Minued) �
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<br /> based on Trustor's due di1�►�ee in investigating the Property for hazardous waste and haz8rdaus substances. Trustor hereby (a)releases and
<br /> waives any future cleims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other cosls under any
<br /> such Iaws, and (b) agrees to indemniy and hold harmtess Lender against any and all claims, losses, liabilities, damages, penalties, and
<br /> expenses which Lender may di�ectly or indirecily sustain or suffer resulting from a breach of thls secHon of the Deed of Trust or as a
<br /> consequence of any use,generation, manufacture,storage, disposal,release or threatened release of a hazardaus waste or substance on the
<br /> properties. The provisions of this section of the Deed of Trust, including the obligation to indemnify, 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 affocted by Lender°s acquisitian 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 fioregoing,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 products without the prior written consent of Lender.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior written consent
<br /> of Lender. As a conditlon 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 to Entera Lender and iis agents and representatives may enter upon the Real Property at all reasonable times to attend to
<br /> Lender°s interesis and to inspect the Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requ(rements. Trustor shall promptly comply with all Iaws, 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 faith any such Iaw,
<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 requfre
<br /> ';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 leave 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 regsonab�y necessary to protect and praServe the Properiy.
<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 Property,or any interest in the Real Property. A
<br /> "sale or transfer"means the conveyance of Real Property or any right,title or interest therein;whether legai,beneflcial or equitable;whether voluntary
<br /> or involuntary;whether by outright sale,deed, installment sale contract,land contract,contract for deed, leasehold interest with a term greater than
<br /> three (3)years, leas�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 9wenty—flve percent (25%) 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 is prohibited by federal
<br /> law or by Nebraska law.
<br /> TAXES AND LIENS. The following prov�sions relating to the taxes and liens on the Property are a part of this Deed of Trust.
<br /> Payment. Trustor shall pay when due (and in all events prior to delinquency)all taxes, special taxes, assessments,charges (including water
<br /> and sewer), flnes and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for
<br /> senrices rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the
<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 jeopardi�d. If a lien arises or is flled as a result of nonpayment,Trustor shal!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 ihe discharge of the
<br /> lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other securiry 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 satisy any adverse judgment before enforcement against the
<br /> Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
<br /> Evtdence 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 of�cial to deliver to Lender at any time a written statement of the taxas and assessmen4s against the
<br /> F'roperty.
<br /> NotiCe of Constructlon. Trustor shall notify Lender at least fifteen(15)days before any work is commenced,any servic�s 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 wotic, "-
<br /> senrices,or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to�Lender 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 /> Maintenance of InsurenCe. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
<br /> replacement basis for the full insurable vatue covering all Improvements on the Real Property in an amount sufficient to avoid application ot any
<br /> coinsurance clause,and with a standard mortgagee 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 tfine the policies
<br /> or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at
<br /> least ten (10)days°prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverege 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 NAanagement Agency as a special flood hezard area. Trustor agrees to obtain and
<br /> maintain Federal Flood Insurance for the full unpaid principal balance of the loan,up to the maximum policy limits set under the National Flood
<br /> Insurance Program,or as otherwise required by Lender,and to maintain such insurance for the term of the loan.
<br /> Applicatlon 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 casualry. Whether or not Lender's secu�ity 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 replace the
<br /> damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
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