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� �2-2]-y999 DEED OF TRUST 9 9, � �..2 � �3 Page 3
<br /> Loan No 765877 (Co�rtinued) � . • .- .
<br /> expenses which Lend� may directly or indirectly sustain or suffer resul8ng kom 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 hazsrdous waste or substance on the
<br /> properties. The provisfons of this sectlon of the Deed of Trust, including the ob8gatlon to indemnify, shall sunrive the payment of the
<br /> Indebtedness and the satisfactlon 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 foreciosure or otherwise.
<br /> Nulsance,Waste. Trustor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any sMpping of or waste on or to the
<br /> Property or any portion of the Property. Without limiting the generality of the foregoing,T�ustor 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 w�itten consent of Lender.
<br /> Removal oi 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 satlsfactory to Lender to
<br /> replace such Improvements with Improvements of at least equal value.
<br /> Lender's Ripht to Enter. Lender and its apents and reprasentadves may enter upon the Real Property at aU reasonable tlmes to attend to
<br /> Lender's interesis and to inspect the Property for purposes of Trustors compliance with the terms and condiHons of this Deed of Trust.
<br /> Compliance with Governmental 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 regulation and withhold compliance during any proceeding,including appropriate appeals,so long as Trustor has noNfied Lender
<br /> in writing prior to doing so and so long as,in Lender's sole opinion,Lender's interests in the Propery are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond,reasonably sadsfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shalt do all other acts,in addlHon to those acts
<br /> set forth above in this section,which from 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 opHon,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 transfe�'means the conveyance of Real Property or any right,title or interest therein;whether legal,beneficial or equiteble;whether voluntary
<br /> or involuntary;whether by outright sale, deed, installment sele 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 benefldal interest in or to any land hust holding title to the Real
<br /> Property, or by any other method of conveyance of Real Property inte�est. If any Trustor is a corporation,pa�tnership or limited liability company,
<br /> transfer also includes any change in ownership of more than twenty-five percent (2596) of the voHng stock, partnership interests or I(mited liability
<br /> company interests, as the case may be,of Trustor. However,this opHon shall not be exercised by Lender ff such exercise is 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 pert of thls Deed of Trust.
<br /> Payment. Trustor shall pay when due (and in all events prior to delinquency)all texes,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 ell 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 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 Prope�ty is not jeopardized. If a lien arises or is flled as a result of nonpayment,Trustor shall within
<br /> fiffeen (15)days aRer the lien arises or,if a Ifen is flled,within fifteen(15)days after Trustor has notice of the flling,secure the discharge of the
<br /> lien, or if requested by Lender, deposit with Lender cash or a suHicient corporate surety bond or other secu�ity saHsfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attomeys'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 satlsy any adverse judgment before enforcement against the
<br /> Property. Trustor shall name Lender as an addltional obligee under any surety bond furnlshed in the contest proceedings.
<br /> Evidence of Payment. Trustor shell upon demand furnish to Lender satisfactory evidence of payment of the texes or assessments and shall
<br /> authorize the appropriate governmental of8cial to deliver to Lender at any Hme a w�itten statement of the taxes and assessments against the
<br /> Property.
<br /> Notice of Construction. Trustor shall notly 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 /> 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 relaHng to insuring the Property are a part of this Deed of Trust.
<br /> Malntenance of 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 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 /> 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 stipulaHons that coverages wflt 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 Properfy 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 /> maintain Federal Flood Insurance for the fuU unpaid principal balance of the loan and any prior Ifens on the property securing the loan,up to the
<br /> maximum policy limits set under the National Flood Insurance Program,or as othe�wise required by lender,and to maintain such insurance for
<br /> the term of the loan.
<br /> Appl�atlon of Proceeds. Trustor shall prompUy notity Lender of any loss or damage to the Property. Lender may make proof of loss if Trustor
<br /> fails to do so within fiftsen(15)days of the casualty. Whether or not Lender's security is impaired,Lender may,at its electlon,receive and retain
<br /> the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of any Ifen affecHng 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
<br /> reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this Deed 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
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