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<br />~00708592
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<br />DEED OF TRUST
<br />(Continued)
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<br />Page 2
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<br />survive the payment of the" Il]debtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by lender's 'acquisition of any interest in the Property, whether by foreclosure or otherwise.
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<br />Nuisance. Waste. 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 Improvaments. 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.
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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 />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 t6 post adequate security
<br />or a surety bond, reasonably satisfactory to lender, to protect 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 />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
<br />(or such earlier date as lender may reasonably establish) and Trustor shall pay in full all costs and expenses in connection with the
<br />work. lender will disburse loan proceeds under such terms and conditions as lender may deem reasonably necessary to insure that
<br />the interest created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen.
<br />lender may require, among other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of
<br />liens, construction progress reports, and such other documentation as lender may reasonably request.
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<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.
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<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
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<br />Payment. Tr'ustor shall pay when due (and 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 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 over the
<br />obligation 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,
<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 attorneys' fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall 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 />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 authorize the appropriate governmental official to deliver to lender at any time a written statement of the taxes and assessments
<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 advance 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 policies of fire insurance with standard extended coverage
<br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of lender. Trustor shall also procure
<br />and maintain comprehensive general liability insurance in such coverage amounts as lender may request with Trustee and lender
<br />being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance,
<br />including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be
<br />written in form, amounts, coverages and basis reasonably acceptable to lender and issued by a company or companies reasonably
<br />acceptable to lender. Trustor, upon request of lender, will deliver to lender from time to time the policies or certificates of insurance
<br />in form satisfactory to lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days
<br />prior written notice to lender. Each insurance policy also shall include an endorsement providing that coverage in favor of lender will
<br />riot be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an
<br />area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to
<br />Clbtainand maintain Federal Flood Insurance, if available, within 45 days after notice is given by lender that the Property is located in
<br />a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to
<br />the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by lender, and to maintain such
<br />insurance for the term of the loan.
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<br />Application ot' Proceeds. Trustor shall promptly notify lender of any loss or damage to the 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 retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of
<br />any lien affecting the Property, or the restoration and repair of the Property. If lender elects to apply the proceeds to restoration and
<br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner 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 proceeds which have not been disbursed within 180 days after their receipt
<br />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 />Indebtedness. If lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as
<br />Trustor's interests may appear.
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<br />Trustor's Report on Insurance. Upon request of lender, however not more than once a year, Trustor shall furnish to lender a report
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