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Loan No: 807390 DEED OF TRUST (Continued) _.,....:=-.:.=:---'-_. _____._1._ lender's Right ta Enter. lender and lender's agents and representatives may enter UPf' n the Real Praperty at all reasanable times ta attend ta Lender's interests and ta inspect the Real Praperty far purpases .of Trustar' campliance with the terms and canditians .of ,th[s Deed .of Trust. Campliance with Governmental Requirements. Trustar shall promptly camply with ii111 laws, .ordinances, and regulatians, naw .or hereafter iQ effect, .of all gavernmental autharities applicable ta the use .or .occupancy .of the Praperty. Trustar may cantest in gaad faith any such law, .ordinance, .or regulatian and withhold campliance during any prace~ding, including apprapriate appeals, sa lang as Trustar has natified Lender in writing priar ta doing sa and sa lang as, in lender's sale' apinian, lender's interests in the Praperty are nat jeapardized. Lender may require Trustar ta past adequate security .or a surety band, reasanably satisfactary ta Lender, ta pratect Lender's interest. 200707760 Page 2 Duty to Protect. Trustor agrees neither ta abandan or leave unattended the Property. Trustar shall da all ather acts, in additian ta thase acts set farth abave in this sectian, which fram the character and use .of the Praperty are reasanably necessary ta pratect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's aptian, declare immediately due and payable all sums secured by this Deed .of Trust upan the sale .or transfer, withaut Lender's priar written can sent, .of all .or any part .of the Real Property, .or any interest in the Real Praperty. A "sale .or transfer" means the canveyance .of Real Property .or any right, title .or interest in the Real Praperty; whether legal, beneficial .or equitable; whether valuntary .or invaluntary; whether by .outright sale, deed, installment sale cantract, land cantract, cantract far deed, leasehald interest with a term greater than three (3) years, lease..aptian cantract, .or by sale, assignment, .or transfer .of any beneficial interest in .or ta any land trust halding title ta the Real Praperty, .or by any ather methad .of canveyance .of an interest in the Real Property. Hawever, this aptian shall nat be exercised by Lender if such exercise is prohibited by federal law .or by Nebraska law. TAXES AND LIENS. The fallawing pravisians relating ta the taxes and liens an the Property are part .of this Deed .of Trust: Payment. Trustar shall pay when due (and in all events priar ta delinquency) all taxes, special taxes, assessments, charges (including water and sewer). fines and impasitians levied against .or an accaunt .of the Praperty, and shall pay when due all claims far wark dane an .or far sflJvices rendered .or material furnished ta the Praperty. Trustar shall maintain the Praperty free .of all liens having priarity aver .or equal ta the interest .of Lender under this Deed .of Trust, except far the lien .of taxes and assessments nat due and except as .otherwise pravided in this Deed .of Trust. ~ Right to Contest. Trustar may withhald payment .of any tax, assessment, .or claim in cannectian with a gaad faith dispute aver the abligatian ta pay, sa lang as Lender's interest in the Property is nat jeapardized. If a li n arises .or is filed as a result .of nanpayment, Trustar shall within fifteen (15) days after the lien arises .or, if a lien is filed, within fi teen (15) days after Trustar has natice .of the filing, secure the discharge .of the lien, .or if requested by Lender, depasit with Lende~ cash .or a sufficient carparate surety band or ather security satisfactary ta Lender in an amaunt sufficient ta discharge the lien plus ny casts and attarneys' fees, or ather charges that cauld accrue as a result .of a fareclasure .or sale under the lien. In any cantest, ,rustar shall defend itself and Lender and shall satisfy any adverse judgment befare enfarcement against the Praperty. Trustar shall name Lender as an additianal .obligee under any surety band furnished in the cantest praceedings, ! Evidence of Payment. Trustar shall upan demand furnish ta Lender satisfactary evidence .of payment .of the taxes .or assessments and shall autharize the appropriate gavernmental .official ta deliver ta Lender at any time a written statement .of the taxes and assessments against the Praperty. Notice .of Canstructian. Trustar shall natify Lender at least fifteen (15) days befare any wark is cammenced, any services are furnished, .or any materials are supplied ta the Property, if any mechanic's lien, materialmen's lien, .or ather lien cauld be asserted an accaunt .of the wark, services, .or materials. Trustar will upan request .of Lender furnish ta Lender advance assurances satisfactary ta Lender that Trustar can and will pay the cast .of such impravements. PROPERTY DAMAGE INSURANCE. The fallawing pravisians relating ta insuring the Praperty are a part .of this Deed .of Trust. Maintenance .of Insurance. Trustor shall pracure and maintain palicies .of fire insurance with standard extended caverage endarsements an a replacement basis far the full insurable value cave ring all Improvements an the Real Praperty in an amaunt sufficient ta avaid applicatian .of any cainsurance clause, and with a standard martgagee clause in favar .of Lender, tagether with such ather hazard and liability insurance as Lender may reasonably require. Palicies shall be written in farm, amaunts, caverages and basis reasanably acceptable ta Lender and issued by a campany .or campanies reasanably acceptable ta Lender. Trustar, upan request .of Lender, will deliver ta Lender fram time ta time the palicies .or certificates .of insurance in farm satisfactary ta Lender, including stipulatians that caverages will nat be cancelled .or diminished withaut at least ten (10) days priar written natice ta Lender. Each insurance palicy alsa shall include an endarsement providing that caverage in favar .of Lender will nat be impaired in any way by any act, amissian .or default .of Trustar .or any ather persan. Shauld the Real Praperty be lacated in an area designated by the Directar .of the Federal Emergency Management Agency as a special flaad hazard area, Trustar agrees ta .obtain and maintain Federal Flaad InSl,Jrance, if available, far the full unpaid principal balance .of the laan and any priar liens an the praperty securing the laan, up ta the maximum palicy limits set under the Natianal Flaad Insurance Pragram, .or as athervJise required by Lender, and ta maintain such insurance far the term .of the loan. I Applicatian .of Praceeds. Trustar shall pramptly natify Lender .of any lass .or damage t~ the Property. Lender may make praaf .of lass if Trustar fails ta da sa within fifteen (15) days .of the casualty. Whether .or nat Lender"s security is impaired, Lender may, at Lender's electian, receive and retain the proceeds .of any insurance and apply the praceeds ta ~he reductian .of the Indebtedness, payment .of any lien affecting the Praperty, .or the restaratian and repair .of the Property. If Lender lects ta apply the praceeds ta restaratian and repair, Trustar shall repair .or replace the damaged .or destrayed Improvements in a ma ner satisfactary ta Lender. Lender shall, upan satisfactary proaf .of such expenditure, pay .or reimburse Trustar fram the proceeds for the reasanable cast .of repair .or restaratian if Trustor is nat in default under this Deed .of Trust. Any praceeds which have not bee~ disbursed within 180 days after their receipt and which Lender has nat cammitted to the repair .or restoratian .of the Praperty shall be used first ta pay any amaunt awing ta Lender under this Deed .of Trust, then ta pay accrued interest, and the remainder, if any, shall be applied ta the principal balance .of the Indebtedness. If Lender halds any praceeds after payment in full .of the Indebtedness, such proceeds shall be paid ta Trustar as Trustar's interests may appear. Campliance with Existing Indebtedness. During the periad in which any Existing Indebtedness described belaw is in effect, campliance with the insurance pravisians cantained in the instrument evidencing such Existing Indebtedness shall canstitute campliance with the insurance provisians under this Deed .of Trust, ta the extent campliance with the terms .of this Deed .of Trust wauld canstitute a duplicatian .of insurance requirement. If any proceeds fram the insurance become payable an lass, the pravisians in this Deed .of Trust far divisian .of praceeds shall apply .only ta that partian .of the praceeds nat payable ta the halder .of the Existing Indebtedness. lENDER'S EXPENDITURES. If Trustar fails (A) ta keep the Property free .of all taxes, liens, security interests, encumbrances, and ather claims, (8) ta provide any required insurance an the Praperty, (C) ta make repairs ta the Property .or ta camply with any abligatian ta maintain Existing Indebtedness in gaad standing as required belaw, then Lender may da sa. If any actian .or proceeding is cammenced that wauld materially affect Lender's interests in the Praperty, then Lender an Trustar's behalf may, but is nat required to, take any actian that Lender believes ta be apprapriate ta protect Lender's interests. All expenses incurred .or paid by Lender far such purpases will then bear interest at the rate charged under the Nate fram the date incurred .or paid by Lender ta the date .of repayment by Trustar. All such expenses will became a part .of the Indebtedness and, at Lender's aptian, will (A) be payable an demand; (8) be added ta the balance .of the Nate and be appartianed amang and be payable with any installment payments ta became due during either (1) the term .of any applicable insurance palicy; .or (2) the remaining term .of the Nate; .or (C) be treated as a ballaan payment which will be due and payable at the Nate's maturity. The Deed .of Trust also will secure payment .of these amaunts. The ,rights provided far in this paragraph shall be in additian ta any ather rights .or any remedies ta which Lender may be entitled an accaunt afi any default. Any such actian by Lender shall nat be canstrued as curing the default sa as ta bar Lender from any remedy that it atherwisel wauld have had. WARRANTY; DEFENSE OF TITLE. The fallawing pravisians relating ta .ownership .of the Pro~erty are a part .of this Deed .of Trust: Title. Trustar warrants that: (a) Trustar halds gaad and marketable title .of recard ta ~he Praperty in fee simple, free and clear .of all liens and encumbrances ather than thase set farth in the Real Praperty descriptian .or i the Existing Indebtedness sectian belaw .or in any title insurance palicy, title repart, .or final title apinian issued in favor .of, and accep ed by. Lender in cannectian with this Deed of Trust, and (b) Trustor has the full right, pawer, and autharity ta execute and deliver thit Deed .of Trust ta Lender.