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<br /> os=io-1999 DEED OF TRUST 99- 1�f�982 Page 3
<br /> Loan No 764147 (Cor►tlnued) '� � r� ; � •.
<br /> based on Trustor's due diiigence in investigating the Property for F�zardaus waste and hazardous substances. Trustor hereby (a)relea�ses and
<br /> waives any future cisims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any
<br /> such Iaws, and (b) agrees to indemnity and hold harmless Le�der aga�nst any and all claims, losses, IiabiliHes, damages, penalties, and
<br /> expenses which Lender may directly or indirecBy sustain or suffer resulting (rom a breach of this section of the Deed of Trust or as a
<br /> consequence of any use,generation, manufacture,storage,disposal, release or threatened release of a hazardous waste or substance on the
<br /> properties. The provisions of this section of the Deed of Trust, including the ob�igation to indemnify, shall survive the payment of the
<br /> Indebtedness and the saBsfaction and reconveyance of the lien of this Deed of Trust and shall not be affectetl by Lende�'s acquisiBon of any
<br /> interest 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 stripping of or waste on or to the
<br /> Property or any portion of the Property. Without Iimiting 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),soiY,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 condition to the removal of any tmprovements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br /> replace such Improvements with Improvemenis of at least equal value.
<br /> Lender's Right to Enter. Lender and its agenis and representatives may enter upon ihe Real Property 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 Trus4.
<br /> Compiiance with Govemmental Requirements. 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 faith any such law,
<br /> ordinance,or regulafion and withhold compliance during any proc�eding,including appropriate appeals,so long as Trustor has notifled 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 /> 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 nor leave unattended the Properiy. Trustor shall do all other acts,in addition to those acts
<br /> set fo�th above in this section,which irom the character and use of the Property are reasonably necessary to protect 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 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 legal,beneficial or equitable;whether voluntary
<br /> or involuntary;whether by outright sale,deed,installment sale contract,land conhact,contract for deed,leasehold interest with a term greater than
<br /> three (3) years, leas�option conhact, or by sale, assignment, or transfer of any beneficial interest in or to any Iand trust holding title io the ReaB
<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 /> transfar also includes any change in ownership of more than twent�five percent (25%)of the voting stock, partnership interests or limited liabilily
<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 /> Iaw 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 Trust.
<br /> Payment. Trustor shall pay when due(and in all events prior to delinquency)all taxes, special taxes,assessments,charges(inctuding water
<br /> and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for
<br /> servic�s 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 Desd
<br /> of Trust.
<br /> Riqht 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 filed 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 discharqe of the
<br /> lien, or if requested by Lender, deposit with Lender cash or a suHicient corporate surety bond or other security satlsfactory 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 satisfy 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 /> Evidence of Ptryment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br /> authorize the appropriate governmental otficial to deliver to Lender at any time a written statement of the texes and assessments against the
<br /> Property.
<br /> Notice of Constructlon. Trustor shall notify Lender at least fifteen(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 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 Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsemen;�on a
<br /> replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of 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 /> rr�ay 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 ta 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 cancelled or diminished without at
<br /> least ten (10)days'prior written notice to Lender. Each insurance policy also shall incfude an endorsement providing that coverage in favor of
<br /> Lender will not be impaired in any way by any act,omission or deisult of Trustor or any other person. The Real P�operty is located in an area
<br /> designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Trustor agrees to obtain and
<br /> mainfain Federal Flood Insurance for the full unpaid principal balance of the loan,up to the maximum policy limiks set under ihe National Flood
<br /> Insurance Program,or as otherwise required by Lender,and to mainfain such insurance for the term of the loan.
<br /> Application of Proceeds. Trustor shall promptly noHfy Lender of any loss or damage to ihe Property. Lender may make proof of loss if Tr�stor
<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 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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