200201021 DEED OF TRUST
<br />Loan No: 34185 (Continued) Page 2
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
<br />cf mis section of the Deed of Trust or as a consequence of any gas, generation, manufacture, storage, disposal, release or Mrsetened
<br />release occurring prior to Trustor's ownership or Interest In Me Property, whether or not Me same was or should have been known to Truster.
<br />The provisions of this section of Me Dead of Trust, Including Me obligation to indemnify, shall survive the payment of the Indebtedness and
<br />the satisfaction and reconveyance of the lien of Mis Dead of Trust and shall not be Smarted by Lander's acquisition of any interest in Me
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Tmstor shall not cause, conduct or permit any asance nor commit, permit, or suffer any stripping of or waste on or to the
<br />Property or any portion of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to any other party
<br />the right to remove, any Umber, minerals (including ell act gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written
<br />consent.
<br />Removal of Improvements. Truster shall not demolish or remove any Improvements from Me Real Property without Lenders prior written
<br />consent As a condition a the removal of any Improvements, Lender may require Truster M make arrangements satisfactory to LaMar to
<br />replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lander and Lender's agents and representatives may enter upon the Real Property at all reasonable times le
<br />attend to Lendal's interests and a inspect Me Feat Property for purposes of Tmstor's compliance wit the terms and conditions of Mis Dead
<br />of Trust.
<br />Compliance with Governmental Requirements. Tnator she proolpdy comply with all laws, ordinances, and regulations, row or hereafter
<br />in effect, of all governmental authorilles applicable be the use or occup icy of Me Properly. Treater 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 notified
<br />Lender in writing prior to doing so and so Zang as, in Lenders sole opinion, Lenders interests in the Property are not jeopardized. Lander
<br />may require Truster to post adequate security or a surety bond, reasonably satisfactory M Lander, to protect Landers interest.
<br />Duty to Protect Trustor agrees neither to abandon or leave unattended Me Property. Truster shall do all other acts, in motion to Mass
<br />acts set forth above in this section, which from Me 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 Dee]
<br />of Trust upon the sale Or transfer, without Lender's prior written consent, of all or any part of Me Real Property, or tiny Interest In Me Real Property.
<br />A 'sale or transfer- means the conveyance of Real Property or any right, WIe or interest in the Real Property ; whether legal, beneficial or Notable;
<br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for dead, leasehold Interest with
<br />a term greater Man three (3) years, lease - option contract, or by sale, assignment, Or transfer of any beneficial Interest In or to any land trust
<br />holding title to the Real 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 exemiss is prohibited by Iederal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the WAS and liens an the Prop" are pad of this Deed of Trust:
<br />Payment. Truster shalt pay when due (and In all events prior to delinquency) all taxes, spacial faxes, assessments, charges (including water
<br />and sewer), fines end impositions levied against or on account of the prAi and shall pay when tlua all claims for work one on or for
<br />services rendered or material furnished to Me Property. Truster shell maintain Me Property free of all (lens having priority over Or equal to the
<br />interest of Lander under this Dead of Trust, except for the Ilen Of Was and assessments not due and except as otherwise provkled in this
<br />Dead of Trust.
<br />Right to Contest. Truster may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over Me obligation
<br />to pay, so long as Landers Interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Trustor shall within
<br />fifteen L15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the tiling, secure the discharge of Me
<br />lien, or I requested by Lender, deposit with Lender cash or a sufficia s corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient a discharge Me lien plus any costs and attorneys' fees, or other charges Mat could accrue as a result of a foreclosure or
<br />sale under the lien. In any contest, Trustor shell defend itself and Lender and shall satisty any adverse judgment before enforcement against
<br />the Properly. Trustor shall name Lander as an additional obligee under any surety bond furnished in Me contest proceedings.
<br />Evidence of Payment. Treater shall upon demand furnish to Lender satisfactory evidence of payment of the WAS or assessments and shell
<br />authorize the appropriate governmental official to deliver to Lender at any time a Written Statement of Me axes and assessments against Me
<br />Property.
<br />Notice of Construction. Trustor shag nobly Lender at least fifteen (15) days before any work is commenced, any servkes are furnished, or
<br />any materials are supplied to to Property, if any mechanic's Iles, materialnren's lien, or other lien could be asserted on account of the work,
<br />services, or materials. Trustor will upon request of Lender furnish M Lander advance assurances satisfactory to Lander Mat Truster can and
<br />will pay the best of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring Me Properly are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain poitcies of fire insurance with standard extended coverage endoreements on
<br />a replacement basis for Me full insurable value covering of Improvements on the Past Property in an amount sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause in favor of Lander, MgaMer with such other hazard and liability insurance as
<br />Lender may reasonably require. Pol ck s shall be written in form, amounts, coverages and basis reasonably accepabie to Lander and issued
<br />by a company or companies reasonably acceptable to Lender. Truster, upon request of Lander, will deliver a Lander from time to time Me
<br />policies or certificates of insurance in form satisfactory to Lender, Including stipulations Mat coverages will rot be cancelled or diminished
<br />without at least tan (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing Met
<br />coverage in favor of Lander will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real
<br />Property be located in an area designated by the Director of to Federal Emergency Management Agency as a spactal flood hazard area,
<br />Truster agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after holds is given by Lander that the Property 3
<br />located In a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing Me loan,
<br />up to Me maximum policy limits set under no National Flood Insurance Program, or as otherwise required by Lender, and in maintain such
<br />insurance for the term of Me loan.
<br />Application of Proceeds. Trustor shall promptly notify Lander of any lass or damage to the Property. Lender nay make proof of loss ff
<br />Trustor ails to do so within fifteen (15) days of Me casualty. Whether or not Lender's security is impaired, Lender may, at Lenders election,
<br />receive and retain Me 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 Lander elects M apply the proceeds a restoration and repair, Truster shall
<br />repair or replace Me damaged or destroyed Improvements in a manner satisfactory to Lender. Lander shell, upon satisfactory proof of such
<br />expenditure, pay or reimburse Truster from the proceeds for the reasonable cast of repair or restoration if Trustor is not In default under this
<br />Deed of Trost Any proceeds which have not been disbursed within 180 days after their receipt and which Lander has not committed to Me
<br />mpas or restoration of the Property shall be used first M pay any amount owing a Lender under this Dead of Trust, then a pay accrued
<br />interest, and the remainder, if any, shall be applied to the principal balance of Me Indebtedness. If Lender holds any proceeds after payment
<br />in full of Me Indebtedness, such proceeds shall ud paid to Trustor as Trustor's interests may appear.
<br />Unexpired Insurance at Sala. Any unexpired insurance shall inure to Me benefit of, and pass to, the purchaser of Me Property covered by
<br />this Used of Trust at any trustee's sale or other sale held under the provisions of this Dead of Trust, or at any foreclosure sale of such
<br />Property.
<br />LENDER'S EXPENDITURES. If Truster mile (A) to keep the Property free of all raves, liens, security Interests, encumbrances, and other claims,
<br />(R) to provide any required insurance on the Property, or (C) to make repairs k Me Property Men Lander may do so. If any action or
<br />proceeding is commenced Mat would materially affect Lender's interests In Me Property, then Lander on Trustors behalf may, but is not required
<br />to, take any action Mat Lander believes to tea appropriate to protect Lander's interests. All expanses incurred or paid by Lander for such
<br />purposes will then bear interest at the rate charged under Me Note from Me data incurred or paid by Lander to the dale of repayment by Trustor.
<br />All such expenses will become a pan of the Indebtedness and, at Lender's option, will (A) be payable on demand; LB) be added m the balance
<br />of the Note and be apportioned among and be payable with any Installment payments to become due during enter (1) Me Cann of any
<br />applicable Insurance policy; or (2) Me remaining term of Me Note; or (C) nd treated as a balloon payment which will he due and payable at the
<br />Note's maturity. The Deed of Trust also will secure payment of Move amounts. The rights provided for In this paragraph shall be in addition to
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