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200305583 mortgage clause showing Lender herein. In event of loss, Lender may make proof of loss if not promptly made by Borrower. Insurance proceeds shall be applied to restoration or repair ofthe Property damaged, unless both parties otherwise agree, except if restoration or repair is not economically feasible or Lender's security is not lessened, otherwise said proceeds shall be paid on the debt herein, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any payments or proceeds from insurance shall not extend or postpone the due date of the monthlypaymcnts provided in said instrument of indebtedness, or change '- the amount of the payments. Borrower shall keep the described Property in good condition and repair; shall promptly repair, or replace, any improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the real estate heremabove described, shall not remove, demolish or substantially alter any of the improvements on the Property; shall not connnit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance or regulation; and shall promptly discharge at Borrower's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the described real estate or any part thereof. Borrower shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws "). Borrower shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectivelyreferredto herein as "Hazardous Materials "), Borrowerherebywaaantsand represents to Lender that there are no Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's interest, from and against any and all claims, damages, losses and liabilities, arising inconnection with the presence, use disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRAN'HES AND REPRESENTATION, AND BORROWER'S OBLIGATIONS PURSUANTTOTHE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 7. Borrower shall not sell, transfer, assign, convey or further encumber all or any part of or interest in the Property hereiabove described, either voluntarily or involuntarily, without the express prior written consent of fender or as otherwise herein pemtitted, and in the event of any such sale, transfer, assignment, conveyance or transfer in violation of this provision, Lender shall have the option to declare all sums secured hereby immediately due and payable. 8. If Borrower fails to perform the covenants and a6Reements herein contained, Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property, including the paying of any sum secured by a lien which has priority over this Deed of Trost, appearing in Court, paving reasonable attorney fees and entering the Property to make repairs. Any amount disbursed by Lender under this paragraph shall become an additional debt of Borrower secured by this Deed of Trust, to bear interest from the date of disbursement and said amount, together with the then unpaid principal amount shall bear interest at the highest lawful rate until refunded by Borrower. 9. The proceeds of a condemnation award are hereby assigned and shall be paid to Lender and shall be applied to the sums secured by this Deed of Trost, whether or not then due, with any excess to be paid to Borrower. 10. Any extensions or modifications of the loan granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. IL Any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or mailing it by first class mail unless Nebraska Law requires use of another method, at the Borrower's last known address. 12. This Deed of Trost shall be governed by Nebraska law 13. Lender shall give notice to Borrower following Borrower's breach of any covenant or agreement in this Deed of Trost and the Debt which it secures. The notice shall specify (a) the default; (b) the action required to cure the default, (c) a date not less than ten (10) days from the date the notice is given to Borrower by which the default most be cured, and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sum secured by this Deed of Trust and sale of the Property pursuant to the power ofsale herein granted. The notice shall further inform Borrower ofthe right to reinstate, after acceleration, and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. Ifdefeult is not cured, on or before the date specified in the notice, Lender, at its option may require immediate payment in full of all sums secured by this Deed of Trust without further demand and may invoke the power to sale and any other remedies permitted by Nebraska Law. Lender shall be entitled to collect any expenses incurred in pursuing the remedies provided in this paragraph or otherwise taken to protect its interest in collateral described in this Deed of Trost or enforce any provisions hereof, including but not limited to reasonable attorney fees and toss of title evidence. 14. If the power of sale is invoked, Trustee shall record a notice ofdefault in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Nebraska law. Trustee, 2