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. �2-20-1999 DEED OF TRUST � 9 ; 11217 2 Page 3
<br /> Loan No 765926 (Continued)
<br /> based on TrustoPs due diligence in investigating the Property for hezardous waste and hezardous substances. Trustor hereby (a)releases and
<br /> waives any future dafms against Lender for indemnHy or conbibuNon in the event Trustor becomes ifable for cleanup or other costs under any
<br /> such laws, and (b) agrees to indemniy and hold harmless Lender against any and all claims, losses, liabilitles, damages, penalHes, and
<br /> expenses which Lender may direcdy or indirecUy sustefn or suffer resulting irom 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 sectlon of the Deed of Trust, including the obligadon to indemniy, shall survive the payment of the
<br /> Indebtedness and the satlsfaction and reconveyance of the Ilen of this Deed of Trust and shall not be affected by Lender's acqufsition 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 /> Properiy or any portion of the Properfy. Without limiting the generaliy 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),soil,gravel or rxk products without the prior written consent of Lender.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements irom the Real PropeAy without the prior written consent
<br /> of Lender. As a condiHon to the removal of any Improvemenis, Lender may require Trustor to make anangemenis satlsfactory to Lender to
<br /> replace such Improvements with Improvemenis of at least equal value.
<br /> Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Properly at alt reasonable times to attend to
<br /> Lenders interests and to inspect the Properiy for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Govemmental Requirements. Trustor shall prompBy camply wfth 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 proc�eding,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 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 Prope�ty. Trustor shall do all other acts,tn addition 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 Properly.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at its optlon,declare immediately due and payable atl sums secured by this Deed of Trust
<br /> upon the sale or transfer,without the Lend�'s prior written consent,of all or any part of the Reai Property,or any interest in the Real Property. A
<br /> "sale or transfe�'means the conveyance of Real Property or any right,tltle or int�t therein;whether legal,beneflciel 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 beneHdal interest tn or to any land trust holding Htle to the Real
<br /> Property, or by any other method of conveyance of Real Properiy interest. If any Trustor is a corporatlon,partnership or Iimited liability company,
<br /> transfer also Includes any change fn ownership of more than iweniy-flve percent (25%)of the voHng stock, pa�tnership int�esls or limited liabiliiy
<br /> company interests, as the case may be, of Trustor. However,this opUon shaN not be exercised by Lender if 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 part of thls Dsed of Trust.
<br /> Payment. Trustor shall pay when due (and in all events p�lor to deUnquency)all taxes,special texes,assessments, charges (including water
<br /> and sewer), fines and imposiHons 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 rtwintain the Properly free of all Ifens having priority over or equal to the
<br /> interest of lender under this Deed of Trust,except for the lien of texes and assessmenis 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�ed. 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 flled,within fifteen(15)days after Trustor has notice of the flling,secure the discharge of the
<br /> lien, or ff 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 Ifen plus any costs and attorneys'fees or other cha�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 surey 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 flftsen(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 Ilen, 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 relatlng to insuring the Property are a part of this Deed of Trust.
<br /> Malntenance of Insurance. Trustor shaA procure and maintain pdicies of flre insurance w(th standard extended coverage endorsements on a
<br /> replacement basis for the full insurable value covering all Improvemenls 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 requ�t of Lender,will deliver to Lender from time to time the policies
<br /> or certiflcates of insurance in form satisfactory to Lender, including stipulaHons 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 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 full unpaid principal balance of the loan and any prior liens on the property securing the loan,up to the
<br /> maxlmum policy limits set under the Nallonal Flood Insurance Program,or as oth�wise required by Lender,and to maintain such insurance for
<br /> the term of the loan.
<br /> Application of Proceeds. Trustor shall promptly noHy 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 securiiy is impafred,Lender may,at its electlon,receive end retain
<br /> the proceeds of any insurance and apply the proceeds to the reduction of the I�debtedness,payment of any Ifen affecting the Property,or the
<br /> restoration and repair of the Property. If Lender elects to apply the proceeds to restoratfon and repair, Trustor shall repair or replace the
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