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MAR -18 -02 MON 10:47 AM FAX PAGE 8
<br />DEED OF TRUST
<br />2002103360
<br />Loan No: 19342 (Continued) Page 2
<br />the satisfaction and reeonveyanee of the lien of this Dead ol Trust and shall not be affected by Lenders acquisition of any Interest in the
<br />PropeM, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor Commit, permit, or suRa any stripping at or waste on or to
<br />the Property or any portion of the Property. Without Wing the generality of The foregoing, Truster, win not remove, or grant to any other
<br />party the right to remove, any Nmber, minerals (including oil and gas), coal, day, smile. still, gravel or rock products without Lenders prior
<br />written consent.
<br />Removal of Improvements. Trust" shall not demolish or remove any Imounnin ns from the Real Property without Lenders prior written
<br />consent. As a condition to the removal of any Improvements. Lender may require Trustor 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 Lender's agents and representatives may enter upon the Rau Properly at all reasonable limes to
<br />attend to Lender's Interests and to inspect the Real Property for purposes at Trustor's Compliance with the tams and Conditions of this Dead
<br />of Trust.
<br />Compliance With Governmental Requirements. Twat" Shen promptly Comply with d laws, ordinances, and regulations, now or hereaflar
<br />In effect. of all governmental aulhoritles applicable to the use or occupancy of the Properly. Trustor may Contest in good IaNh any such law,
<br />adinenea, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long As Trustor has nolirted
<br />Lender in writing prior to doing so and so Zang as in Lender's sale opinion, Lenders interest in the Property are nol jeopardized. Lender
<br />may require Truster to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Truster shall do all other acts, in addition to arose
<br />ads set forth above In INS section. which from the chareder and use of the Property are reasonably necessary to protect and preserve the
<br />Property.
<br />DUE ON SALE — CONSENT BY LENDER. Lander may, at Lender's option, declare immediately due and payable all sums secured by this Dead
<br />of Trust upon the sale or transfer, without Lenders prior "lien Consent, of all or any pad of the Real Property, or any interest in the Real Property.
<br />A "sale a transfer' means The conveyance of Real Properly or any right, fills or interest in the Real Property: whether legal, beneficial or equitable:
<br />whether voluntary or Involuntary;: whether by outright sale, deed, Installment sate contract, land contract, canoed for deed, leasehold interest with
<br />a term greater than three (3) yeah, lasse"oplion contract, or by sale, assignment, or transfer of any beneficial interest In or to any Land trust
<br />holding title to the Heal Properly, 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 exercise is prohibited by federal law or by Nebraska law. _
<br />TAXES AND LIENS. The following provisions relating to the lazes and lien on the Property are pan of this Dead of Trust
<br />Payment. Truster shall pay when due (and in all events prior to delinquency) all taxes, special lazes, assessments, charges (including water
<br />and sewer), . fines and impositions lewd 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 tarnished to the Properly. Trustor Shan maintain the Property free of all liens having priority over or equal to the
<br />interest of Lender under this Dead of Trust except for the lion of loxes and assessments not due and except as otherwise provided in this
<br />Deed 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 obfigation
<br />to pay, so long as Landers interest in the Property is not jeopardized. If a lion arises w is filed as a result of nonpayment. Tmslor shall within
<br />filteen (15) days after the lien arses or. If a Nan Is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the
<br />hen, or ft requested by Lander, deposit with Lander cash or a sufficient corporate surety bond or other security saNsfadary to Lander in an
<br />amount sumcient to discharge the lien plus any costs and aftorneys' lees, a other charges that could aecru , as a result of a foreclosure or
<br />seta under the Fen. In any Contest, Trustor shall defend itself and Lender and shall satisfy, any adverse Judgment before enforcement against
<br />the Properly. Trustor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings.
<br />Evidence of, Payment. Trusla shall upon demand furnish In Lender satisfactory evidence of payment Of the taxes or assessments and shalt
<br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the laxes.and assessments against the
<br />Property,
<br />Notice of Construction. Trustor shall nobly Lender at least fifteen (15) days before any work Is commenced, any SeMees are furnished, or
<br />any materials are supplied to the Property, If any mechanics lien, matedalmen's lien, or other Ilan could he asserted on account of the work,
<br />services, or materials. Tnaitor will upon request of Lander furnish to Lender advance assurances satisfactory to Lender that Tmslor Can and
<br />will pay the Wet of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Deed of Trust-
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
<br />a replacement basis for the full insurable value covering all Improvements on the Real Property In on amount sutndare to avoid application of
<br />any coinsurance clause, and with a standard mortgagee douse in favor of Lender, together with such other haTard and liability Insurance as
<br />Lender may reasonably require. Policies shag be written in form, amounts, coverages and basis reasonably acceptable to Lender and Issued
<br />by a Company a companies reasonably acceptable to Lander. Trustor, upon request of Lender, will deliver to Lander from time to time the
<br />policies or certificates of insurance in lam satisfactory to Lender, including Stipulations that coverages will not 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 that
<br />coverage in favor of Lander win not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Red
<br />Property be located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,
<br />Truster agrees to obhain.and maintain Federal Flood Insurance, if available, within 45 days afler notice Is given by Lender that the Properly is
<br />located in a special flood hazard area, fa the fun unpaid principal balance of the loan and any prior liens on the properly securing the loan,
<br />Up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
<br />insurance for the term of the loan.
<br />Application of Proceeds. Truster shall promptly natty Lender of any loss or damage to the Property. Lender may make proof of loss it
<br />Trustor falls to do so within fifteen (15) days of the Casualty. Whether or not Lenders security is Impaired, Lender may, at Lander's election,
<br />receive and reteln the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any fen affecting
<br />the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair. Tmslor shall
<br />repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lander shall, upon satisfactory proof of such
<br />expenditure, pay a retmbursa Trustor from the proceeds for the reasonable cast of repair or rostoation if Trustor Is not In default under this
<br />Dead of Trust. Any proceeds which have not been disbursed within 190 days alter their receipt and which Lender has not committed to the
<br />repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued
<br />Interest and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment
<br />in full of the indebtedness, such proceeds shat be paid to Trustor as Truslar's interests may appear.
<br />LENDER'S EXPENDITURES. If Trustor ties (A) to keep the Property Ines of all taxes, lions, Security interests, encumbrances, and other claims,
<br />(B) to provide any required insurance on the Property, or (C) to make repairs to the Properly then Lender may do se. If any action or
<br />proceeding is commenced that would materially affect Landers Interests In the Property, then Lender on Truslor's behalf may, but Is not required
<br />to, take any action that Lender believes to be - appropriate to printed Lender's interests. All expenses incurred or paid by Lender for such
<br />purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Truster.
<br />NI such expenses win become a pad of the Indebtedness and, of Lenders option, will (A) be payable on demand; (8) be added to the balance
<br />of the Note and be apportioned among and be payable with any installmedl payments to become due during either (1) the lam of any
<br />applicable Insurance policy; or (2) the remaining term of the Note; ar (C) be treated as a balloon payment which will be due and payable at the
<br />Note's maturity. The Dead of Trust also win secure payment of Ihess amounts. The rights prodded for in this paragraph shall be in addition to
<br />any other rights or any remedies to which Lender may be entitled on amount of any default. Any such action by Lender staff not be construed as
<br />outing the default so as to bar Lander from any remedy that It otherwise would he% had.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions totaling to ownership of the Properly are a pad of this Deed of Trust:
<br />Tine. Trustor warrants that (a) Trustor holds good and marketable Into M record to the Property In lee simple, free and dear of all lion and
<br />encumbrances other than those set forth in the Real Properly description or in any title insurance policy, title report, or final title opinion
<br />issued in favor m, and acospled by, Lander In connection with this Deed of Trust, and (b) Truster has the full right, power, and authority to
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