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<br />200704139
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<br />4. Insurance. To keep the Property insured against damage by fire, hazards
<br />included within the term "extended coverage", and such other hazards as Lender may require, in
<br />amounts and with companies acceptable to Lender, naming Lender as an additional named
<br />insured, with loss payable to Lender. In case of loss under such policies, Lender is authorized to
<br />adjust, collect and compromise, all claims thereunder and shall have the option of applying all or
<br />part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender
<br />may determine, (ii) to Trustor to be used tor the repair or restoration of the Property or (iii) for
<br />any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust
<br />for the full amount secured hereby before such payment ever took place. Any application of
<br />proceeds to indebtedness shall not extend or postpone the due date of any payments under the
<br />N ate, or cure any default thereunder or hereunder.
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<br />5. Escl'"ow. Upon written demand by Lender, Trustor shall pay to Lender, in
<br />such manner as Lender may designate, sufficient sums to enable Lender to pay as they become
<br />due one or more of the following: (i) all taxes, assessments and other charges against the
<br />Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums
<br />on any mortgage insurance required by Lender.
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<br />6. Maintenance. Repain and Compliance with Laws. Trustor shall keep
<br />the Property in good condition and repair; shall promptly repair, or replace any improvement
<br />which may be damaged or destroyed; shall not commit or permit any waste or dderioration of the
<br />Property; shall not remove, demolish or substantially alter any of the improvements on the
<br />Property; shall not commit, suffer or permit any act to be done in or upon the Property ill
<br />violation of any law, ordinance, or regulation; and shall pay and promptly discharge at Trustor's
<br />cost and expense all liens, encumbrances and charges levied, imposed or assessed again:st the
<br />Property or any part thereof.
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<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards,
<br />damages and other payments or relief (hereinafter "Proceeds") in connection with condemnation
<br />or other taking of the Property or part thereof, or for conveyance in lieu of condemnation.
<br />Lender shall be entitled at its option to commence, appear in and prosecute in its own name any
<br />action or proceedings, and shall also be entitled to make any compromise or settlement in
<br />connection with such taking or damage. In the event any portion of the Property is so taken or
<br />damaged, Lender shall have the option, in its sole and absolute discretion, to apply all such
<br />Proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such
<br />Proceeds, upon any indebtedness secured hereby and in such order as Lender may determine, or
<br />to apply all such Proceeds, after such deductions, to the restoration of the Property upon such
<br />conditions as Lender may determine. Any application of Proceeds to indebtedness shall not
<br />extend or postpone the due date of any payments under the Note, or cure any default thereunder
<br />or hereunder. Any unapplied funds shall be paid to Trustor.
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<br />8. Performance bv Lender. Upon the occurrence of an Event of Default
<br />hereunder, or if any act is taken or legal proceeding commenced which materially affects
<br />Lender's interest in the Property, Lender may in its own discretion, but without obligation to do
<br />so, and without notice to or demand upon Trustor and without releasing Trustor from any
<br />obligation, do any act which Trustor has agreed but fails to do and may also do any other act it
<br />deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor
<br />by Lender, pay to Lender all costs and expeI)ses incurred and sums expended by Lender in
<br />connection with the exercise by Lender of the foregoing rights, together with interest thereon at
<br />the default rate provided in the Note, which shall be added to the indebtedness secured hereby.
<br />Lender shall not incur any liability because of anything it may do or omit to do hereunder.
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<br />9. Hazardous Materials. Trustor shall keep the Property in compliance
<br />with all applicable laws, ordinances and regulations relating to industrial hygiene or
<br />environmental protection (colJectively referred to herein as "Envirorunental Laws"). Trustor shall
<br />keep the Property free from all substances deemed to be hazardous or toxic under any
<br />Environmental Laws (collectivtJly referred to herein as "Hazardous Materials"). Trustor hereby
<br />warrants and represents to Lender that there are no Hazardous Materials on or under the ProptJrty.
<br />Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees
<br />and agents, and any successors to Lender's interest, from and against any and all claims,
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<br />D.Deed ofTrust (Nebraska) May 2007(1529784_6) (4).DOC
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