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Os-��1-�9s9 DEED OF TRUST g(� Page 3
<br /> y Loan No 764154 E w,���;;� (Co�rtinued) �' �Q►6�16r6
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<br /> based on Trustor's due diligen�in investigating the Rroperty for hazardaus waste and hazardous substances, Trustof hereby (a)releases and
<br /> waives any future claims against Lender for indemnity or confibution in the event Trustor bec�mes liable for cleanup or other costs under any
<br /> such Iaws, and (b) agrees to indemnify and hold harmless Lender against any and aN claims, losses, IiabiHties, damages, penalties, and
<br /> expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Dc�ed 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 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 affected by Lender's acquisition of any
<br /> interest in the Property,whether by foreclosure or otherwise.
<br /> Nulsance,Waste. Trustor shall not cause,conduct or permit any nuis�nce nor commit,permit,or suffer any stripping of or was4e on or to the
<br /> Property or any portion of the Property. Without limitlng the generality of the foregoing,Trustor will not remove,or grant to any other perly 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 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 Riqht to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to
<br /> Lender's interests and to inspect the Property for purposes of Trustor's compifance with the terms and conditions of this Deed of Trust,
<br /> �ompllance with Govemmental Requirements. Trustor shall promptly comply with all laws,ordinances,and reguladons, now or hereafter in
<br /> effect, of all governmental authoritles 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 Trustor has notified Lender
<br /> in w�itlng 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 /> Trustcr ib post adequate security or a surery bond,�easongbiy satisfactory to Lender,to profeci 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 section,which from the character and use of the Properiy are reasonably necessary to protect and preserve 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 Properiy,or any interest in the Real Properiy. 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 contract,contract for deed,leasehold 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 titlo 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-flve percent (25%)of the vottng stock, partnership interests or Iimited 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�ederal
<br /> law or by Nebraska law.
<br /> TAXES dND 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 (including water
<br /> I and sewer), fines and impositions levied against or on account of the Properfy, and shall pay when due all clafms 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 the
<br /> interest of Lender under this Deed of Trust,except for the Ilen of taxes and assessments not due and except as otherwise provided in tt•�s Deed
<br /> of Truste
<br /> Ripht To Contesi. Trustor may withhold payment of any tex,assessment, or claim in connecfion 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 ilen arises or is filed as a result ot nonpayment,Trustor shall within
<br /> flfteen(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 /> 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 /> �nder the lien. In any contest,Trustor shall defend itself and Lender and shall satisiy 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 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 officiai to deliver to Lender at any time a written statement of the taxes and ass�ssments against the
<br /> rroperty.
<br /> Notice of Construction. Trustor shall notify Lender at least fifteen(15)days before any work is commenced,any seniices are furnishedl,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 /> services,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 parf of this Deed of Trust.
<br /> Malntenance of Insurance. Trustor shali procure and maintaln policfes of fire insurance with standard e�ctended 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 of any
<br /> coinsurance clause,and with a standard mortgagee clause in favor of Lender,together with such other hazard and liability insurance a�Lender
<br /> may rea.sonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by e
<br /> company or companies reasonably acceptable to Lender. Trustor,upon request of Lender,will deliver to Lender from time to tim9 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 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 ares
<br /> designated by the Director of the Federal Emergency Management 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 the ma�dmum 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 /> Applicatton 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 insura�ce 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 repl�.re 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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