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DEED OF TRUST Page 2 <br />Loan No: 426360145776 (Continued) 200211 S$ 7 <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this <br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release <br />occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Truster. <br />The provisions of this section of the Deed of Trust, Including the obligation to Indemnify, shall survive the payment of the <br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition <br />of any interest in the Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements. Truster shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory <br />to Lender to 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 Real Property at all reasonable times to <br />attend to Lender's interests and to Inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of <br />this Deed of Trust. <br />Compliance with Governmental Requirements. Truster shall promptly comply with all laws, ordinances, and regulations, now or <br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good <br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as <br />Truster has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's Interests in the Property are <br />not jeopardized, Lender may require Truster to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect <br />Lender's Interest. <br />Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Truster 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 />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare Immediately due and payable all sums secured by this <br />Deed of Trust 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. However, this option shall not be exercised by Lender it such exercise is prohibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The following provisions relating to the taxes and [lens on the Property are part of this Deed of Trust: <br />Payment. Truster shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges )including <br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done <br />on or for services rendered or material furnished to the Property. Truster shall maintain the Property free of all liens having priority <br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the <br />Existing Indebtedness referred to below, and except as otherwise provided in this 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 <br />obligation to pay, se long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, <br />Truster shall within fifteen (15) days after the lien arises or, it a lien Is filed, within fifteen (I 51 days after Truster 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, Truster shall defend Itself and Lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Truster shall name Lender as an additional obligee under any <br />surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustor 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. Trustor shall notify Lender at least fifteen 115) days before any work Is commenced, any services are <br />furnished, or any materials are supplied to the Property, if any mechanic's Ilan, materialmen's lien, or other lien could be asserted on <br />account of the work, servicesr or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Truster 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 Deed of Trust. <br />Maintenance of Insurance. Trustor 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, together with such <br />other hazard and liability insurance as Lender may reasonably require. Policies shall be written In farm, amounts, coverages and basis <br />reasonably acceptable to Lender antl Issued by a company or companies reasonably acceptable to Lentler. Trustor, upon request of <br />Lender, will deliver to Lender from time to time the policies or certificates of in ance in form satisfactory to Lender, including <br />stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each <br />insurance policy also shall Include an endorsement providing that coverage In favor of Lender will net be Impaired In any way by any <br />ac romission or default of Trustor or any other person. Should the Real Property be located In an area designated by the Director of <br />the Federal Emergency Management Agency as a special flood hazard area, Trustor 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 Lentler and to maintain such insurance for the term of the <br />loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss <br />it Trustor fails to do so within fifteen 115) days of the casualty. Whether or not Lender's security is Impaired, Lender may. at <br />Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, <br />payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to <br />restoration and repair, Trustor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. <br />Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cast of repair <br />or restoration if Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after <br />their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount <br />owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, it any, shall be applied to the principal <br />balance of the Indebtedness. If Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to <br />Trustor as Trustor's Interests may appear. <br />Unexpired Insurance at Sale. Any unexpired insurance Shall inure to the benefit of, and pass to, the purchaser of the Property covered <br />by this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of <br />such Property. <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance <br />with the insurance provisions contained in the Instrument evidencing such Existing Indebtedness shall constitute compliance with the <br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a <br />duplication of insurance requirement. If any proceeds from the Insurance become payable on loss, the provisions in this Deed of Trust <br />for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />