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200211840
<br />MORTGAGE
<br />Loan No: 2007279 -0701 (Continued)
<br />Page 2
<br />during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long
<br />as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate
<br />security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />CONSTRUCTION LOAN. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete
<br />construction of-any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (or
<br />such earlier date as Lender may reasonably establish) and Grantor shall pay in full all costs and expenses in connection with the work.
<br />Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest
<br />created by this Mortgage shall have priority over all possible liens, including those of material suppliers and workmen. Lender may require,
<br />among other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, construction progress
<br />reports, and such other documentation as Lender may reasonably request.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any
<br />beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br />Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more
<br />than twenty -five percent (25 %) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
<br />Grantor. However, this option shall not be 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 taxes and liens on the Property are part of this Mortgage:
<br />Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments,
<br />water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work
<br />done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having
<br />priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender,
<br />and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph.
<br />Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and permissible fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Grantor can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
<br />Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
<br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also
<br />procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with ,Lender being
<br />named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including
<br />but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance
<br />companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from
<br />each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of fifteen (15) days' prior
<br />written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance
<br />policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act,
<br />omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the
<br />Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood
<br />Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the
<br />full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set
<br />under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the
<br />loan.
<br />Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
<br />if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
<br />election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of
<br />any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
<br />repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if
<br />Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and
<br />which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender
<br />under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
<br />Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as
<br />Grantor's interests may appear.
<br />Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report
<br />on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4)
<br />the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the
<br />expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine
<br />the cash value replacement cost of the Property.
<br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if
<br />Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to
<br />discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on
<br />Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging
<br />or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all
<br />costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then
<br />bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such
<br />expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of
<br />the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any
<br />applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable
<br />at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and
<br />remedies to which Lender may be entitled upon Default.
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