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<br />cleanup or other costs under eny such laws; end (2) egrees to Indemnify, defend, end hold hermless Lender egoinst any and ell
<br />clElims, losses, liabilities, damages, penalties/ and expenses which Lender mLlY directly or indirectly sustain or suffer resultin{) from a
<br />breach of this section of the Deed of Trust or as B consequence of any use, generation, manufacture, stofElge; disposal. release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. Tha provisions of this GGction of the Deed of Trustj including the obligation to Indemnlfv and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveYBnce 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.
<br />
<br />Nuisance. Waste. Trustor shall not cause, conduct or permit Dny 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 generelity of the foregoing, Trustor will not remove, or grent to
<br />any other pmty the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria. soil. gravel or rock products
<br />without LE!llder's prior written consent.
<br />
<br />Ramoval of Improvements. Trustor shall not demolish or remove any Improvements from the Roal Property without Lender's prior
<br />written consent. As a condition to the removBI of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements uf Elt least equpl vDlue.
<br />
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Proporty 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 Governrnenllll Requlramant.. Trustor shall promptly comply with all laws, ordinances, and regula lions, now or
<br />hereafter in effect. of all governmental authorities applicable to the use or occupancy of the PropertYI including without IimitBtion, the
<br />Americans With Disebilities Act. Trustor mey contest in good feith eny such lew, ordin.nce, or regulation and withhold compliance
<br />during any proceeding/ including appropriate appeals, so long os Trustor has notified Lender in writing prior to doing so and so long as,
<br />In Lender's soJe opinion. Lender's interests in the Property are not jeopardized. Lender may require Trustor to post ndequate security
<br />or a surety bond. reasonably satisfactory to Lender, to protect Lander's intere5t.
<br />
<br />Duty to Protect. Trustor E:lgrel3s naither to abandon or leave unattended the Property. Trustor shall do all ather [lcts, in additIon to
<br />thCll;je acts :i;\Jt forth i,l1:;..JI_'e in -:tlis i:lo.:tio:'l, which f:'oril .~ho cnall:i~l~r [-Inu u5e1 of the Property aro Il;;lasonBtJiy' necass.Jry to protect and
<br />presorve the Property.
<br />
<br />DUE ON SALE. CONSENT BY LENDER. Lender may, et Lender's option, declare immedietely due ond payable all sums secured by this
<br />Deed of Trust upon the sel. or transfer, without Lender's prior written consent. of all or any pert of the Real Property, or any interest in the
<br />AeElI Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interast in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale. deed, installment sDle contract, land contract, contract
<br />for dead. leasehold interest with a term greater than three (3) yeers, leDse~option contract, or by sale, ossignment. or transfer of Bny
<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 shell not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />
<br />TAXES AND LIENS. The following provisions relating to the texe. end liens on the Property ere pert of this Deod of Trust:
<br />
<br />Payment. Trustor shall pay when due land in all Bvent5 prior to delinquancyl all taxes, special tDxes/ assossments. charges (including
<br />water and sewer), fines ond impoeitions levied egainst or on eccount of the Property, end shell pay when due ell cieims 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 end essessments 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 faith dispute over the
<br />obligation to pay. so long as Lender's interest In the Property is not jeopardiled. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shell within fifteen (15) deys after the lien erises or, if a lien Is flied, within fifteen (15) deys ofter Trustor has notica of the
<br />filing. secure the discharge of the lien. or if requested by Lender, deposit with Lender cElsh or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to dischElrge the lien plus any Costs llnd attorneys' fees, or other charges
<br />thDt could accrue es 0 result of a foreclosure or sale under the lien. In Clny contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property_ Trustor shall narne Lendor as an additionel obligee under any
<br />surety bond furnished in the contest proceedings.
<br />
<br />Evidenca of Peyment, Trustor shell upon demand furnish to Lender satisfectory evidence of payment of the toxos or essessments and
<br />shall authorize the appropriate governmentDI official to deliver to Lender at any time a writton statement of the taxes and assessments
<br />egeinst the Property.
<br />
<br />Notlca of Construction. Trustor shell notify Lender et leest fiftoon (15) deys beforo eny work is commenced, eny 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 Lendor furnish to Lender advance assurances sotisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />
<br />PROPERTY DAMAGE INSURANCE, The following provisions reletlng to insuring the Property ore a pert of this De.d of Trust.
<br />
<br />Maintenance of Insurance. Trustor shall procura and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a fair vEllue basis tor the full insurable value covoring all hnprovemantG on the Real Property in an amount sufficient
<br />!o evoid ~pplicatjon of Dny coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure
<br />and maintain comprehensive general liability insurDnca in slIch coverage amounts as Lender mav requfl!1t with Trustee and lendor
<br />being named os additional insureds in such liobility insurance policies. Additionally. Trustor shall rnaintllin sl.Ich other insurance.
<br />including but not limited to haZard, business interruption/ and boiler insurance, as Lvnder may rElesonilbly require. Policies shall be
<br />written in form, amounts, coverages and basis reasonablV 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 tima to time the policies or certificates of insurance
<br />in form satisfactory to Lender, including stipulations thot coverages will not be cancelled or diminished without et least ten (' 0) days
<br />prior written notice to Lender. Each Insurance policy also shall include an endorsement providing that coverage in favor of Lender will
<br />not be impaired in eny woy by any ect, omiasion or defeult of Trustor or eny other person. Should the Reel Property be loceted in an
<br />area designated by the Director of the Federal Emergency Management Agency as a special flood hazBrd erea, Trustor agrees to
<br />obtain end meintein Federal Flood Insuronce, if eveileble, for the full unpeid principel belence of the loon end any prior lians on the
<br />property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program. or es otherwise required
<br />by Lender, and to maintain such insurance for the term of the loan.
<br />
<br />Applicntlon of ProcBeds. Trustor shall promptly notify Lender of allY 1055 or damage to the Property. Lender may make proof of IOS5
<br />if Trustor fails to do so within fifteen (16) 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 Qny insurance and llpply the proceeds to the reduction of the Indebtedness, payment of
<br />ony lien effecting the Property, or the restoretion end ropair of the Property. If Lender elects to epply the proce.ds to restoration and
<br />repair, Trustor shall repair or replace the dameged or destroyed Improvements in a manner satisfactory to Lender. Lender shallj upon
<br />satiSfactory proof of such expenditure. payor reimburse Trustor from the proceeds for the reesorlable cost of repair or restoration if
<br />Trustor is not in default under this Deed of Trust. Any proceeds which heve not been disbursed within 1 BO deys efter their receipt
<br />and which Lender has not committed to the repair or restoration of the Properly shall be used first to pay any amount owing to Lender
<br />under this Deed of Trust, then to ptly accrued interest, and the remainder. If any, shall be applied to the principal balance of the
<br />Indebtedness. If Lender holds eny proceeds efter peyment in full of the Indebtedness, such proceeds sholl be paid to Trustor as
<br />Trustor's interests may appear.
<br />
<br />Compliance with Exlstl"g IndebtedneSI!lI. During the period In which any Existing Indebtedness described below is in effect, compliance
<br />with the insurance provisions contElined in the instrument evidencing such Existing Indebtedness shall constitute compliance with the
<br />insurance provisions under thi6 Deed of Trust, to the extent compliance with the terms of this Dood of Trust would constitute a
<br />duplication of insurnnce requirement. If any proceeds from the InsurancB become payable on 106S, the provisions in this Deed of Trust
<br />for division of proceeds shell epply only to thet portion of the proceeds not peyeble to the holder of the Existing Indebtedn.ss.
<br />
<br />Trustor's Report On Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a raport
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<br />200809360
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />Loan No: 1309687
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