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<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losse5, liabilities, damages, penalties, and expenses which lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, di5posal, release or
<br />threatened release. occurring prior to Trustor's ownership or intere5t in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify end defend, shall
<br />survive the payment of the Indebtedness and the setisfection end reconveyence of the lien of this Deed of Trust and shell not be
<br />affected by lender's acquisition of eny interest in the Property, whether by foreclosure or otherwise.
<br />
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisence 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, grevel or rock products
<br />without lender's prior written consent.
<br />
<br />Removlll 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 eny 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 />lander'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.
<br />
<br />Compliance with Governmental Requirements. Trulltor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities eppliceble to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopardized. lender mey require Trustor to post adequate security or a surety bond, reasonably satisfactory to lender, to protect
<br />lender's interest.
<br />
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do ell other acts, in addition to
<br />those acts set forth ebove 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, declere 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 />Reel Property. A "sale or transfer" means the conveyence of Real Property or any right, title or interest in the Reel Property; whether legal,
<br />beneficial or aquitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br />for deed, leesehold interest with a term greater then 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 Reel 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 exercise is prohibited by federal law or by Nebreska law.
<br />
<br />TAXES AND LIENS. The following provisions relating to the taxes end liens on the Property are part of this Deed of Trust:
<br />
<br />PlIyment. Trustor shell pay when due (end in all events prior to delinquency) all taxes, special taxes, assessments, cherges (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, except for the
<br />Existing Indebtedness referred to below, and except as otherwise provided In this Deed of Trust.
<br />
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good feith dispute over the
<br />obligation to pey, so long as Lender's Interest in the Property is not jeopardized. If e lien arises or is filed as a result of nonpayment,
<br />Trustor 5hall within fifteen (15) days after the lien arises or, if a lien Is filed, within fifteen (15) days after Trustor haa 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 setisfactory to lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />that could eccrue as a result of a forecl05ure 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.
<br />
<br />Evidence of Peyment. Trustor shall upon demand furnish to lender setisfactory evidence of payment of the taxes or asseasments 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 />Notice of Construction. Trustor shall notify lender at least fifteen (15) deys before any work is commenced, any services are
<br />furnished, or lIny mllterials 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. Truator will upon request of lender furnish to lender edvance assurances satisfactory to
<br />lender that Trustor can and will pay the cost of such ImprOvements.
<br />
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />
<br />Maintenance of Insurance. Trustor shall procure and maintain 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, end with a standerd mortgagee clau5e 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 ecceptable to Lender and issued by a company or companies reesonably 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 Lender, including
<br />stipulations that coveragea will not be cancelled or diminished without at least ten (10) days prior written notica to lender. Each
<br />insurance policy also shall Include en endorsement providing that coverage in favor of Lender will not be impaired in any way by any
<br />act, omisaion or default of Trustor or eny other person. Should the Real Property be located in an area designated by the Director of
<br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood
<br />Insurance, if available, for the full unpaid principal balanCe of the loan and eny prior liens on the property securing the loan, up to the
<br />maximum policy limits set under thij Nationel Flood Insurance Program, or as otherwise required by lender, and to maintain such
<br />insurence for the term of tha loan.
<br />
<br />Application of Proceedll. Trustor shall promptly notify Lender of any loss or damage to the Property. lender may maka proof of loss
<br />if Trustor feils 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 epply 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 satisfectory to Lender. lender shall, upon
<br />satisfactory proof of such expenditure, payor reimburse Trustor from the proceeds for tha reasonable cost of repair or restoration if
<br />Truator is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days aftar 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 eccrued interest, and the remainder, if any, shall be applied to the principal balance of the
<br />Indebtedness. If lender holds any proceeds after peyment in full of the Indebtedness, such proceeds shall be paid to Trustor all
<br />Trustor's interests may appear. ".
<br />
<br />Complience 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 shall constitute compliance with the
<br />insurance provisions under this Deed of Trust, to the el<tent compliance with the terms of this Deed Of Trust would constitute a
<br />duplication of Insurance requirement. If any proceeds from the insuranCe become payable on loss, the provisions in this Deed of Trust
<br />for division of proceeds shall apply only to that portion of the proceeds not payeble to the holder of the Existing Indebtedness.
<br />
<br />lENDER'S EXPENDITURES. If Trustor fails (A) to keep'theProperty free of all taxes,liens, security interests, encumbrances, and other
<br />claims, (B) to provide any required insurance on the Prqperiy, (C) to make repairs to the Property or to comply with any obligation to
<br />maintain Existing Indebtednass in good standing as requirad below, then lender may do so. If any action or proceeding is c.ommenced that
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<br />200809324
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<br />DEED OF TRUST
<br />(Continued)
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<br />Loan No: 807629
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