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DEED Contnue) 200202735 page
<br />agency governing the issuance of mire us Or toxic waste permits, or request a permit a change in zonng or land use ckssilbetian, or cut
<br />or remove or suffer the curves or removal at any trees or further from the Property.
<br />At As Sole cost and expense, Trustor shall comply with and shall cause all occupants of the Property to comply with all Enveywen ' Laws
<br />with respect to the deposal of Industrial refuse or waste, and/or the discharge, processing• manufacture, generation, treatment, removal,
<br />transportation, storage and handing of Heeardous Substances. and pay Immediately when the the cost of removal of any such nvstes or
<br />substances ham. and keep the Property free of any lien imposed pursuant to such laws. rules, regulations and orders.
<br />Tumor shall not install or permit to be installed M an on the Property, friable asbestos or any substance containing asbestos add downed
<br />hostesses by federal, slate or local laws, read. regulations or Orders nespeeblg such hal lal. TnIser shall Curtner not 1,151a11 or permit the
<br />installation OI any machinery, equipment or homes containing polychlorinated biphemyfi lPCB9) on or In the Property. With respect to any
<br />such material or materials currently present 0 or on the Property, Trustor shalt promptly comply with at] applicable Environmental Laws
<br />regarding the safe removal thereof, at Tmstors expense.
<br />Truster shell indemnify Lender and hold Under harmless from and against all loss, cost, damage and expense (Including, without lankadon,
<br />attorneys' lees and costs incurred in the investigation, defense and settlement of claims) Nat London may hour as a result of or n connection
<br />with the assertion against Lender of any claim misting to the presence or removal of any Haardcus Substance, or Compliance with any
<br />Environmental Lew. NO ounce from any gcvemmental body has ever been served upon Truslor or, to Tel knowledge affair due Inquiry.
<br />upon any prior owner of the Property, rearing a violation of or under any Environmental Law or concerning the environmental state,
<br />curtains or quality of the Property, or the use thereof, or real or calling attention to the need for any work, lepers. construction.
<br />oval, cleanup. alterations, demolition, renovation or installation on, or n connection with, the Property In Orden to comply with any
<br />Environmental Law; and upon receipt of any such notice. Thestor shall We any and all steps, and shall perform any and all actions
<br />necessary Or appropriate to comply wen the same, at TrUwws expense. In the event Truster fails to do so. Lender may Cecam this Deed of
<br />Tram to be it default.
<br />Nuisance, Waste. Truster shall not cause, conduct art permit any dissuade nor commit permit, or suffer any stripping of or waste on or to the
<br />Property or any portion of the Properly. Without lining the generally of the foregoing. Tmslor will not remove, or grant to any other party
<br />the right to remove, any timber, minerals including oil and gas), coal, clay, scene, sail, gravel or rock products without Lenders prior written
<br />consent.
<br />Removal of Improvements. Truster shall not demolish or remove any Improvements ham the Real Property without Lenders prior written
<br />consent. As a cMc h.p to the removal of any Improvements. Lender may require Trustor to make arrangements satisfactory to Lender to
<br />repaam such Improvements with Improvements of at best equal value.
<br />Lender's Right to Enter. Lander and Lenders agents and representatives may enter upon the Real Property at all reasonably tines to
<br />eased to Lenders interests and to inspect the Peal Property for purposes of Thestors compliance with the terns and conditions of than Drtl
<br />of Treat.
<br />Compliance with Govemmenlal Requirements. Trustor shall promptly comply with all laws. Ordnencae; and Magadan., now or hamemer
<br />In effect, of all governmental authortlMs applicable to the use or Occupancy of the Property. Trvstor may contest a good fern any such law,
<br />ordinance, or regulation and withhold complain during any proceeding, hchding appropriate appeals, so long as Truster has notified
<br />Lends: in writing prior to doing so and so long as, n Lender's sole opinion. Lender's interests n the Property are net jeopardl d. Lander
<br />may require Trustor to Post adequate security or a surety bond, reasonably satisfactory to Lander, to protect Lenders Interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Theater shall tlo as other acts, in addition to those
<br />east set forth above n in IS section, which from the chamcter and use of the Property are reasonably necessary to protect and prasumse the
<br />Peppery.
<br />DUE ON SALE — CONSENT BY LENDER. Lander may, at Lender's option, ducare Immediately tlua and payable all sums secured by this Deed
<br />o(T ust upon the sale or trens;er, without Landers prior written consent, of all or any part of the Real Properly, or any Interest In Me foal Property.
<br />A "sale or transfer" means the cenvey'ence .1 Rae1 Property or any right, that or interest In the Real Property; whether legal, beneficial or admiWbk;
<br />whether voluntary or nvolunlary; whether by outright safe, dead, incoherent sale conlmeL and contract, contract for deed, leesai bin st with
<br />a term greater than in,.. (3) years, S.S.ption contract, or by safe, assignment, or transfer of any benehoal interest in or to any Wilt trust
<br />holding title to the Real Property, or by any other method of conveyance of an Interest h the Reel Property. However, this option shall not be
<br />exercised by Lender If such exercise is prohibited by federal law or by Nebraska few.
<br />TAXES AND LIENS. The fallowing provisions rating to the taxes antl lien. On the Property are part of this Dealt of Trust:
<br />Payment. Trustor shall pay when tlua (and in all events prior to delinquency) all loxes. specal taxes. assessments, charges (Including water
<br />and sewer), lines 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 shahs maintain the Property free of all Who having Pinney over or equal to the
<br />interest of Lender under this Deed of Trust, except for the lien of Was and assessments not tlua, except for the Existing Indebtedness
<br />referred to below, entl except as Otherwise provhdes In this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or Cairn In connection with a good Sikh dispute over the ablpation
<br />to pay, so long as Lenders interest In the Property Is not jaopardaed. If a Nen arises or IS filed as a result of nonpayment, Theater shell whin
<br />fifteen (15) days after the hen prises or, if a lien Is lbid. within fifteen (15) days after Theater has notice of the fling, SWUM the discharge Of the
<br />lien, or 11 requested by Lander, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender In an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could seems as a result of a foraebsunt or
<br />Shia Vnder the Ian. In any contest, Trovor shall defend Itself and Lander and shall satisfy any adverse judgment before enforcement against
<br />the Property. Trustor shell name Lander as an etltllfonel obligee under any surety band iumishadn the contest proceedings.
<br />Evidence of Payment. Truster shall upon demand furnish to Lender satisfactory evidence of payment of the ones or assessments and shall
<br />authodae the appropriate governmental officlel to deliver to Lender at any tape a written statement of the taxes and assessments against the
<br />Property.
<br />Notice of Construction. Truster shall notify Lender at best fifteen (15) days before any work is commenced, any services are tarnished, or
<br />any materials are supplied to the Property, if any mechanic's Ian, materalmon's Ian, or other lien could be asserted on account of the work,
<br />services. or persuade. Truster will upon request of Lender fumbh to Under advance Sasurantes satisfactory to Lender that Trustor can antl
<br />will pay the cast of such enprovements.
<br />PROPMV DAMAGE INSURANCE. The following pmvisbns rearing to vowing the Property are a part of this Dead of Trust.
<br />Maintenance Of Insurance. Tooter shall procure and maintain policies of are Msumice with Standard extended coverage endomN enls On
<br />a fair value basis for the full insurable value covering all Improvements on the Real Property M en emoted Sehnert to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hoard and IabYity Monarch as
<br />Lender may reasonably require. Poll shall be wrelen in form, amounts. coverages and basis reasonably acceptaba to Lenderand issued
<br />by a company or companies reasonably acceptable to Leader. All polices shell provide that the polka..ha11 not be Involidemd by any
<br />ever of the right of subrogation by any insured and shall provide that the carrier shell have no light to be subrogaled to Lentler. Trustor,
<br />upon request of Lender, will deliver to Lender from time to time the policies Or certaicates of n.urance M form satisfactory to Lender,
<br />routing Stipulations that coverages will not be cancelled or diminished without at least ten (10) days poor written notice to Lander. Each
<br />insurance policy also shall include an endorsement providing that coverage In favor of Lander will not be Unpaired n any way by any act.
<br />omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal
<br />Emergency Management Agency as a special flood heard area. Tmrtar agrees to obtain and maintain Federal Flood Insurance, kavailable,
<br />within 45 days alter notice is given by Lender that the Property is located In a speck' flood hazard area, for the full unpaid principal balance
<br />of the loan and any prior liens on the property securing the loan. up to the maximum policy Sal sat under the National Flood Insurance
<br />Program, or as Operates required by Lander, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lander may make proof of loss if
<br />Trvstor fails to do so within ','lose (15) days of the casualty. Whether or not Lender's security Is Imposed, Lender may, at Lenders election,
<br />receive and retain th. planned, of any insurance and apply the proceed. to the reduction of the Indebtedness, payment of any lien offectng
<br />the Popery, or the astoratlon and ....I, of the Property. If Under.1fcts to apply the proceeds to mstoadon and repair, Trustor shall
<br />repair Or replace the damaged or destroyed Improvements In a manner satisfactory to Lentler. Lander shall, upon satisfactory proof of such
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