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DEED OF TRUST g� �.O� 5 6� page 2
<br /> (Continued)
<br /> its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriete to
<br /> determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The
<br /> representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous
<br /> Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br /> becomes liable for cleanup or other costs under any such laws;and (2) agrees to indemnify and hold harmless Lender against any and all
<br /> claims,losses,liabilities, damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
<br /> of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br /> release occurring prior to Trustor's ownership or interest in the Property,whether or not the same was or should have been known to Trustor.
<br /> The provisions of this section of the Deed of Trust, including the obligation to indemnify,shall survive the payment of the Indebtedness and
<br /> the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the
<br /> 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
<br /> the Property or any portion of the Property. Without limiting the generality of the foregoing,Trustor will not remove, or grant to any other
<br /> pariy the right to remove,any timber, minerals(including oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior
<br /> written consent.
<br /> Removel of Improvements. Trustor shell not demolish or remove any Improvements from the Real Properfy without Lender's prior written
<br /> consent. 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 Rlght to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br /> attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Deed
<br /> of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all Iaws,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 Iaw,
<br /> ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notified
<br /> Lender 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
<br /> may require Trustor to post adequate secu�ity 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
<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 Lender's option,declare immediately due and payable all sums secured by this Deed
<br /> of Trust upon the sale or transfer,without Lender'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 voluntery 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, lease—option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust
<br /> holding tiHe 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 /> exercised by Lender if such exercise 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 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), 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 /> 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 tien of taxes and assessments nof due and except as ofiherwise provided in this
<br /> Deed of Trust.
<br /> Rl�ht to Contesi. Trustor may withhold payment of any tex,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 e 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 discharge of the
<br /> lien, or if requested by Lender, deposit with Lender cash or a su�icient corporate sureiy 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
<br /> sale under the lien. In any contest,Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against
<br /> the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished 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 taxes and assessments against the
<br /> Property.
<br /> Notice of Construction. Trustor shall notify Lender at least flfteen(15)days before any work is commenced,any services are furnished,or
<br /> any 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
<br /> will 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 /> Malntenance of Insurance. Trustor shall procure and maintain policies of flre insurance with standard extended coverage endorsements on
<br /> a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of
<br /> any coinsurance clause,and with a standard mortgag�clause in favor of Lender,together with such other hazard and liability insurance as
<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 Lender from time to time the
<br /> policies or certificates of insurance in form satisfactory to Lender, including stipu4ations that coverages will not be cancelled or diminished
<br /> without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that
<br /> coverage in favor of Lender will not be impaired in any way by any act,omission or default of Trustor or any other person. The Real Property
<br /> is or will be located in an area designated by the Dire.^,tor of the Federal Emergency Mar�agement Agency as a special flood hazard area.
<br /> Trustor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior
<br /> liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise
<br /> required by Lender,and to maintain such insurance for the term of the loan.
<br /> Appllcatlon of ProCeeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if
<br /> Trustor fails to do so within flfteen(15)days of the casualty. Whether or not Lender's security is impaired,Lender 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 Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall
<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 reimbufse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this
<br /> � Deed of Trust: Any proceeds.which have not been disbursed 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 Deed of Trust, then to pay accrued
<br /> interest,and the remainder,if any,shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment
<br /> in tull of the Indebtedness,such proceeds shall be paid to Trustor as Trustor's interests may appear.
<br /> Unexplred Insurance at Sale. Any unexpired insurance shall inure to the benefit of,and pass to,the purchaser of the Property covered by
<br /> this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such
<br /> Property.
<br /> LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property f�ee of all taxes,liens,security interests,encumbrances,and other claims
<br /> (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender maydo so. If any action or
<br /> proceeding is commenced that would materially affect Lender's interests in the Property,then Lender on Trustor's behalf may,but is not required
<br /> to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such
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