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DEED OF TRUST Page 2
<br />Loan No: 33868 200200815 (Continued)
<br />its agents to enter upon line property make such Inspections and tests, at Trusters expense, as Lender may death Appropriate to
<br />determine compliance d the Property with this section d the Deed of Trust. Any inspections or tests made by Lender shall be for Len er s
<br />purposes only antl 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 tlue 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 Truster
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity And hold harmless Lender against any and all
<br />claims, losses, Ilabilities, tlameges, penekles, eM expanses 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, dishevel, release or to Trusnetl
<br />release occurring prior w Toaster's ownership or interest In fine Property, whether or not the same was or shoultl have been known to Truster.
<br />The provisions of Nis section of the Dead of Trust, including the obligation to indemnity, shall survive the Payment of the Ind¢btetlnsea and
<br />the satlsfedbn and reconveyance of the lien of this Dead o Trust and shall not be affected by Lenders acquisition d any Interest in the
<br />property, whether by foreclosure or otherwise.
<br />Nulml Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
<br />the Properly or any potion of the Properly. Without limiting the generality of Me foregoing, Truster will not remove, or grant to any other
<br />Party the right An remove any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
<br />written consent.
<br />Removal of Improvements. Truster shall not demolish or remove any Improvements from the Real Property without Lender's poor written
<br />consent As a condition to the removal of any Improvements, Lender my require Truster to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lamer'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 Trusters compliance with the terms and conditions of this Dead
<br />of Trust.
<br />Compliance with Governmental Requirements. Truster shall promptly comply with all laws, ordinances, and regulations, now or With
<br />in effect, of ell governmental authorities applicable to the use or monotone, of the Property , including without limitation, the
<br />Disabilities Act. Trustor may contest In good faith any such law, ordinance, or regulation end withhold compliance during any proceeding,
<br />including appropriate appeals, ao long as Trustor has notified Lender in writing prior m doing so and so long as, in tenders ads opinion.
<br />Landers interests in the Property are oft IeoPardized. Lender may require Trustor to post adequate security or a surety bond, reasonably
<br />satisfactory to Lender, to protect Lenders interest. In etltlilion to those
<br />Duty to Protect. Truster agrees neither hich abandon nor
<br />character and use of the Property are ressonablyllnecessary other
<br />o prood and preserve the
<br />acts set forth above in this section,
<br />Property.
<br />DUE ON SALE - CONSENT BY LENDER. Leader may, at Lender's option, declare immediately due and payable all sums secured by this Dead
<br />of Trust upon be sale or transfer, without Lenders 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 to Real Property; whether Ivgal, benehciel or equitable;
<br />whether voluntary or involuntary; whether by outright sale, dead, Aslalle ant sale contract, land contract, contract for deed, leasehold'mlemet with
<br />a tern greater than three (3) years, lame- option contract, or by sale, assignment, or transfer of any beneficial Interest In or to any land tmst
<br />holding htle to the Real Property, or by any other method of conveyance of an interest In the Real Property. However, this opton shall not be
<br />marclsetl 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 Properly are pan of this Dead of Trustchar as (including water
<br />Payment. Truster shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, g ( 9
<br />and sewer), finds 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 Ilene having priority over or equal to the
<br />intarest of Lender under this Dead of Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness
<br />referretl to below, and except as otherwise provided in this Dead of Trust.
<br />Right to Contest. Toper 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 jeopardized. If alien arises or is film as a result of nonpayment, Trustor shall whin
<br />fifteen (15) days after the lien arises or if a lien is filed, wil fifteen (15) days after Truster has notice of the filing, secure the discharge of the
<br />lien, or d 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 ahelltlentl Itself and attorneys'
<br />entler and shell snt sty any adverse judgment before eniomementoage net
<br />sale under the lien. In any contest,
<br />the Property. Truster shall name Lender an h ll add lfend I seigan under any surety bond furnished in tea outmost Pbefore enfo
<br />Evidence of Payment Trusfor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate, governmental ofBCial to deliver to Lender at any time a written statement of the taxes and assessments against the
<br />Property .
<br />Nonce of Construction. Truster shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or
<br />any materiels are supplied to the Property, if any mechanic's lien, materierr en's lien, or Other lien could be Asserted on account of the work,
<br />services, or materials. Truster will upon request of Lander famish to Lender advance assuratx;es satisfactory to Lentler 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 pan at this Dead of Trust.
<br />Maintenance of Insurance. Trusfor shall procure and maintain policies of fire insurance with standard extended coverage emorsaments on
<br />a replacement balls for the full Insurable value covering all Improvements on the Real Properly in an amend sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause in favor of Lentler. Truster shall also procure and maintain comprehensive
<br />general liability insurance in such coverage amounts as Lender may request with trustee and Lender being notnlamias�adtlihazaMt bush vss
<br />such liability insurance policies. Additionally, Truster shall Fairfield such other Insurance, including
<br />Interrupkan, and boiler insurance, as Lender may reasonably require. Policies shall m written in form, amounts, coverages and amid
<br />o
<br />reasonably acceptable to Lentler and Issued by a company or companies reasonably acceptable to Lender. Truster, ndudn sbquletions
<br />Lentler, will call to Lender from time to time the policies or certificates of insurance In form satisfactory to Lentler, g p
<br />that coverages well not be cancelled or diminished without of least ran (to) days prior written notion to Lander. Each Insurance policy also
<br />shall include an endorsement providing that Coverage in favor of Lender will not be impaired in any way by any act, omission or default of
<br />Trusfor or any other person. Should Coe Real Property be located in an area maintain by the Director a fie Federal Emergency
<br />Management Agency as a special flood hazard area' agrees to obtain and
<br />maintain Fetleral Flood Insurance, if available, within 45
<br />days after notice is given by Lender that the Property iu located ith in a special food hazard eel area,
<br />tlerar the e full unpaid principal Insance balance of am loan
<br />and any prior (lens on the property securing the loan, p
<br />otherwise required by Lander, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify tender of any loss or damage to me Property. Lender may make proof of loss I
<br />Truster fails to do so within fifteen (r 5) days of the casualty. Mather or not Landers security is Impaired Lender
<br />meny,offtany lieLender's election,
<br />receive and retain the proceeds o any Insurance antl apply the proceeds to the reductiothe troceedebto restoration and repay, Truster shall
<br />the Property, or the restoration and repair o the Property.
<br />If Lender elects to apply P
<br />repair or replace the damaged or destroyed Improvements in a manner satisfactory setis(ecb roof o such
<br />to Lender. Lender shall, upo n ry P
<br />experdilure, pay or reimburse Tudor from the proceeds for the reasonable cast of repair or restoration if Truster 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 committed to the not
<br />repair or restoration of the Property shall be used first to pay any amount owing to Lender under th men to le Deed of Trust, pay
<br />internist, and the remainder, It any, shall be applied to the principal balance of the firmuedams. If Lender holds any proceeds after payment
<br />in full of the Indebtedness, such proceeds shall be paid to Truster as Toaster's interests may appear.
<br />Unexpired Insurance at Sale. Any unexpired insurance shall inure to Me benefit o, and pass to, the purchaser of the Property covered by
<br />this Dead of Trust at any trustee's sale or other said held under the provisions of this Dead of Trust, or at any foreclosure sale of such
<br />Property.
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