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DEED OF TRUST
<br />Loan No: 34622 (Continued) 20021341 I Page 2
<br />written consent.
<br />Removal of Improvements. Truster shall not demolish or remove any Improvements from the Real Property without Lender's prior written
<br />consent. As a condition to the removal of any Improvements, Lender may require Truster 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 Real Property, at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Truster's compliance with the terms and conditions of this Dead
<br />of Trust.
<br />Compliance with Governmental Requirements. Truster shall promptly comply with all laws, ordinances, and regulations, now or hereafter
<br />in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With
<br />Disabilities Act. Truster may contest in good faith any such law, ordinance, or regulation and withhold compliance during any prompting,
<br />including appropriate appeals, so long as Truster has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion,
<br />Lenders interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond reasonably
<br />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 those
<br />acts set forth above in this section, which from Ne character and use of the Property are reasonably necessary to protect and preserve the
<br />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 such
<br />earlier date as Lender may reasonably establish) and Truster shall pay in full all costs and expenses in connection with the work. Lender will
<br />distance loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest created by
<br />this Deed of Trust shall have priority over all possible hens, including those of material suppliers and workmen. Lender may require, among
<br />other things, that disbursement requests be supported by receipted bills, expense affidaver, waivers of liens, construction progress reports,
<br />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 Dead
<br />of Trust upon the sale or transfer, without Lenders prior wman consent, of all or any part of the Real Property, or any Interest in the Real Property.
<br />A 'sale or transfer' means the conveyance of Real Property or any right, the or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with
<br />a term greater than 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 Property, 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 taxes and liens on the Property are pad of this Deed of Trust.
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water
<br />and sewer), fines 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. Truster shall maintain the Property free of all liens having priority over or equal to the
<br />interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this
<br />Dead of Trust.
<br />Right to Contest Truster may wihhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation
<br />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, Truster shall within
<br />fifteen (15) days after the Ilan arses or, If a Ilan is flied, within fifteen (15) days attar Truster has notice of the filing, secure the discharge of the
<br />lien, or if requested by Lender, deposit with Lender 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 accrue as a result of a foreclosure or
<br />sale under the lien. In any contest, Truster shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against
<br />the Property. Truster shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Truster shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
<br />Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or
<br />any materials are supplied to the Property, M any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work,
<br />services, or materials. Truster will upon request of Lender fumish to Lender advance assurances satisfactory to Lender that Truster can and
<br />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. Truster shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
<br />a fair value basis for the full insurable value covering all Improvements on the Real Prop" in an amount sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Truster shall also procure and maintain comprehensive
<br />general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in
<br />such Iiabiltty insurance policies. Additionally, Truster shall maintain such other insurance, including but not limited to hazard, business
<br />interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lentler. Truster, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations
<br />that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also
<br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of
<br />Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency
<br />Management Agency as a special flood hazard area, Truster agrees to obtain and maintain Federal Flood Insurance, it available, within 45
<br />days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan
<br />and any prior liens on the property securing the loan, up to the maximum policy limits set under fire National Flood Insurance Program, or as
<br />otherwise required by Lender, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Truster shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss it
<br />Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may at Lender's election,
<br />receive and retain the 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 Lender closes to apply the proceeds to restoration and repair, Truster shall
<br />repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such
<br />expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this
<br />Dead of Trust. Any proceeds which have not been disbursed within 1 W days after 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 shall be paid to Truster as Trusters interests may appear.
<br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year Truster shall furnish to Lender a report on
<br />each existing policy of Insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the
<br />property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration
<br />date of the policy. Truster shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value
<br />replacement cast of the Property.
<br />LENDER'S EXPENDITURES. If any action or prompting is commenced that would materially affect Lender's interest in the Property or if Trustor
<br />fails to comply with any provision of this Dead of Trust or any Related Documents, including but not limited to Trustor's failure to discharge or pay
<br />when due any amounts Trustor is required to discharge or pay under this Dead of Trust or any Related Documents, Lender on Trusters behalf
<br />may (but shall not be obligated ap take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes,
<br />liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining
<br />and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under
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