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<br />Loan No: 99893
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200708313
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<br />Page 2
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<br />.&- D,rrola>et" o.nd. J(,/} 0 ~
<br />Nuisance, Weste. Trustor 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.
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<br />Removal of Improvements. Trustor 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 Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />
<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 />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />
<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.
<br />
<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. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more
<br />than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
<br />Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />
<br />TAXES AND L1~S. T~ follow~ p.t5'>>ns ~ating to the taxes and liens on the Property are part of this Deed of Trust:
<br />
<br />Paymen~ ~~r s~~ pC:-y ~'CliJe ~nd 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. 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 and except as
<br />otherwise p~vide~n this Deed Of~ust.
<br />
<br />Right to ~ntes~ Yr~~~f ~thhOI~"a~t of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's ~;t in the Property is not jeopardized. 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 filed, within fifteen (15) days after Trustor 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, Tru!jtorsl1all defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />sufety bond fUA'~ed i,,-~e contest &~ed~.d2-.
<br />
<br />Evidence of p~ment~~~r upon ~>dnish 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 />
<br />"W' . Trustor shall notify Lender at least fifteen (15) days before any work is commenced
<br />~furnished' or any materials are supp I . ., . . , or ot er lien could be asserted on
<br />account of the work, servO . . I upon request of Len er nces satisfactory to
<br />rustor can and will pay the cost of such improvements.
<br />
<br />PROPERTY DAMAGE INSURAN<i. The followinur~ relating to insuring the Property are a part of this Deed of Trust.
<br />
<br />Maintenance of In~~ce":l-Tr~~r~~r :oc~~aintain 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. Trustor shall also
<br />procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
<br />Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
<br />insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies
<br />shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
<br />of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least
<br />ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor
<br />of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be
<br />located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor
<br />agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notic.!'l. is given by.Lenper that the Property is
<br />located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the"f)roperty securing the Dw
<br />loan, up to the maximum policy limits set under the National Flood Insurance Pro.gram, or a. s other~ise r uired by Lender, and tp I l ~(\ - LL
<br />maintain such insurance f<j.~fr~~o';'~~an.---?.d2 ov.>" . . '. .... ''3:' ~,rt'O\tU ,~ ," .....u.n
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<br />Application of Proceed~ i';ustor shall prom~~nder of any loss or damage to the Prope . nder \;ay make proof of loss
<br />if Trustor fails to do so within fifteen (15) days of the casualty. WI,~tl,u, u, ...51 Lendt:,'~ ~!.llllrit, ia irllllllli'lI~ender may, at Lender's
<br />election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of
<br />~ any ~ien affecting the Pr~perty, or the restoration and repair of the Property. If.Llllldllr 61811t8 t~ Bfl J!I I',' tRB flrllllllllilG tl1 rvutu'^+:^- ^^'" ~ 0\.0
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<br />.,;, ..,-, ~"t~, ;" IIVI ;" delault v..d~, tl,:~ B,,~d vf T, U~:. Any proceeds which have not been disbursed within 180 dayS' ~fter their re~eiPt
<br />r~\oY" and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender
<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 />5"0.\1 Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as
<br />fecc.t1e. Trustor's interests may appear.
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<br />" cl Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a report
<br />n on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4)
<br />r~krn the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the
<br />S expiration date of the policy. , .
<br />~" 1I1... .........1. vdl...c le~laaamBlRlt B8et af ttla PrRti8rty.
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<br />:.ala.ro."tfNDER'S EXPENDITURES. If any action or proceeding is commenced that would terial y affe'ct Lender's interest in the Property or if
<br />p...~rustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to
<br />\(:. """" discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender
<br />on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to
<br />~ discharging or paying all taxes. liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and
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