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<br />Loan No: 807062
<br />
<br />DEED OF TRUST
<br />( Continu~d)
<br />
<br />200608365
<br />
<br />Page 2
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<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.
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<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hemafter in l'!ffect, of all govmnmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulation and withhol(f compli[lnce during any proceeding, illGluding appropriate appeals, so long [IS
<br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's soil'! opinion, Lender's interests in the Property are
<br />not jeopardized. Lender may require Trustor to post adequate security or a sumlY bond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
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<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor 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.
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<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, deGlare immediately due and payable all sums secured by this
<br />Deed of Trust upon tbe sale or transfer, without Lender'S prior written Gonsen!. 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 l'!quitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract. contmct
<br />for deed, leasehold interest with a term greater than three (3) years, lease-option Gontract. 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 if such eXP.rcise is prohibited by federal law or by Nebraska law.
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<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on thl'! Property are part of this Doed of Trust:
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<br />Payment. Trustor sball pay when due ((lnd in all events prior to delinquency) 811 taxes, special taxes, 8ssessmonts, charges (including
<br />water and sewer), fines and impositions levied against or on account of thl'! Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor 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 (lnd except as
<br />otherwise provided in this Deed of Trust.
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<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute OVl'!r the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopnrdized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is fill'!d, within fifteen (15) d(lYs after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, doposit with Lender cush or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount suffiGient to disch8rge the lien plus any costs and attorneys' fep.s, or other charges
<br />that could accrue as a result of a foreclosure or sail'! under thp. lien. In any contest, Trustor shall defend itself and Lender and sh[lll
<br />satisfy any adverse judgment before enforGement against the Property. Trustor shall name l.ender as an additional obligep. under any
<br />surety bond furnished in the contest proceedings.
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<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authori"", the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and aSSl'!ssments
<br />against the Property.
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<br />Notice of Construction. Trustor 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. Trustor will upon request of Lender furnish to Lender advanGe assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
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<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
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<br />Maintenance of Insurance. Trustor shall procure and maintain poliGies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value coverin(J 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 form, amounts, coverages and basis
<br />reasonably aGceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lp.nder, including
<br />stipulations that coverages will not bp. 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 Lendp.r will not be imp[lired in any way by :my
<br />act. omission or default of Trustor or any other person. Should the Real Property be Iocr ,ed in an area desi(Jnated by the Director of
<br />the Federal Emergency Management Agency as a special flood hazard area, Trustor anrees to obtain and maintain Federal Flood
<br />Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the
<br />maximum policy limits set under the National Flood InsuranGe Program, or as othp.rwise required by Lender, and to maintain such
<br />insurance for the term of the loan.
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<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to tbe Property. Lender may make proof of loss
<br />if 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
<br />election, receive and rp.tain the proceeds of any insurance and apply the proceeds to the reduction of the Indehtedness, payment of
<br />any lien affecting the Property, or the restoration and rl'!pair of the Property. If Lender elects to apply the proceeds to restomtion and
<br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a mannp.r satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, payor reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if
<br />Trustor is not in default under this Deed of Trust, Any proGeeds which have not been disbursed within 180 days after their receipt
<br />and which Lender ilas not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lp.nder
<br />under this Deed of Trust, 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 proGeeds shall be paid to Trustor as
<br />Trustor's interests may appear.
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<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 sball 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 proGeeds from the insurance become p[lyable 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.
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<br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other
<br />claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply witb any obligation to
<br />maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that
<br />would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that
<br />Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear
<br />interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such
<br />expenses will beGome a part of tile 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 beGome 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 payablp.
<br />at the Note's maturity, The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in
<br />addition to any other ~ights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall
<br />not be construed as curing the default so as to bar Lender from any remedy that it otherwise would hrlVp. had.
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<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
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<br />Title. Trustor lIviirrants that: (a) Trustor holds good and markl'!table title of rl'!cord to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in
<br />any title insurano~ policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Del'!d of
<br />Trust, and (b) TYustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
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