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Loan Nla: 809878
<br />DFN=D OF TRUST 200905764
<br />(Conti~lued) Page 2
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, srnria, soil,, gravel or rock products
<br />without Lender's prior written consent.
<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 Lo the removal of any Improvements, Lender may require Trustor ro make arrangern.ents satisfactory
<br />to Lender to replace such Improverr,ents with Improvements of at least equal value.
<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 L_ender's interests and io inspect the Real Prol.~erty for purposes of Tntstnr's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requiremenks. l rustnr shall prorttplly nomply wish all laws, orc.iinances; and regulations, now or
<br />hereafter in effect, of all governmental ar,lthcrities applicable to the use or occupancy of the Property, including witftout 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 luny as Trustor has notified Lender in writing prior to doing so and so luny as,
<br />in Lender's sole opinion, Lender's interests in the Property ors 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 />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 tfte Property are reasonably necsssary to protect and
<br />-- .
<br />preserve the Property. - -
<br />DUE ON SALE - CUNSENT f3Y LENDER. Lender may, at Lender's option, declare immediately due artd 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, nr 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, insralirnent sale contract, land contract, contract
<br />for deed, leasehnlcJ interest with a term greater than three 131 years, lease-option contract, nr 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. flowever, this option shall not be exercised by Lender if sc.tr:h exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. "1"orator shall pay when due (and in all events prior to delinquency) all taxP.s, spacial taxes, assessments, charges (including
<br />water and sewed, fines and impositions levied against or on account of the Property, and shall pay wP,en due all claims for work done
<br />on or for services rendered nr material furnished to tyre Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this heed 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 ftrovicled in this Deed of Trust.
<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 L.ender's interest in 11,e Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (151 days after the lien arises or, iF a lien is filed, within fifteen (151 days after irusror has notice of the
<br />Filing, secure the discharge of the lien, nr if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to tender in an amount scdficienl ro discharge the lien plus any costs and attorneys' fees, or outer charges
<br />that could accrt.te 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.
<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 tune a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lender at toast fifteen 1151 days before any work is commenced, any services are
<br />furnished, or any materials era 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 trvili upon request of Lender furnish to Lender advanr.a assurances sa[isfartnry to
<br />Lender that 'Trustor can and will pay the Host of surf, improvements.
<br />PROPERl'Y DAMAGE INSURANCE. The following provisions relating to inst.lring the Proporly are a I:,arf of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain pcliries of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value a,vering all Irnprnvements on the Real Property in an amount
<br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee [cause in favor of Lender. Trustor shall also
<br />procure and maintain rnmprehensive general liability inst.lrance in such coverage amounts as Lender may request with Trustee and
<br />Lender being Warned as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
<br />insurance, including bur not limited co hazard, bctsiness interruption, and boiler insurance, as (_ender Inay reasonably require. Policies
<br />shall be written in form, arnounls, rnverages and basis reasonably aa;eptable to Lender and issued by a corrtpany or companies
<br />reasonably acceptable to lender. Trustor, upon request of Lender, will deliver to Lender from tune to time the pnliries or certificates
<br />of insurance in farm satisfactory to Lender, InOILi(Iing stipulations that coverages will not be cancelled or diminished without at least
<br />ten 1101 clays prior written nctire to Lender. Eadi insurance policy also shall include an endorsement providing that coverage in favor
<br />nt Lender will not be ir'npaired in any way by any act, omission or default of "frustor nr 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 spacial flood hazard area, Trustor
<br />agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of tfte loan and any prior liens
<br />nn fha property securing the loan, up to the maxirrntrn policy limits set under the National f=lood Insurance Program, or as otherwise
<br />required by Lender, and to maintain such insurance for the term of the Inert.
<br />Application of Proceeds. Trustor shall proml,tly notify Lender of any loss nr damage to the Property. Lender may make proof of loss
<br />if Trustor fails to do so within fifteen 1151 days of the casualty. Whether or not L.ender's security is impaired, Lender may, at L.ender's
<br />election, receive artd retain the proceeds of any insurance and apply the proceeds to the reduction of the Inrfehtedness, payment of
<br />any lien affecting the Property, or the resturatir:n, and repair of the Property. If Lender elects to apply the proceeds to restoration and
<br />p L ~ manner satisfactory to j..ender• Lender shall, upon
<br />re air, Trustor shall repair nr re tiacrs the den,aged nr destroyed Improvements rn a
<br />satisfactory proof of such expenditure, pay or rennburse Trustor from the proceeds for the reasonable cost of repair or restoration if
<br />Trustor is nett in defaltlt under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt
<br />and which Lender has not rortuttitted to the re flair or restoration of the Property shall Lie used first to pay any amount owing [o L-ender
<br />under this Deed of Trust; then to pay accruecJ interest, and the rertrainder, if any, shall he applied to the principal balance of the
<br />Indebtedness. If Lender holds any I:,roceeris after ftayment in full of the Indebtedness, sur:h proceeds shall be paid in Trt.rstar as
<br />l'rustnr's interests may appear.
<br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness descrilted below is in effect, compliance
<br />with the insurance provisions contained in the in5lrurnent evidencing such Existing Indebtedness shall rnnstifule compliance with the
<br />insurance provisicns under Phis Deed of l-rust, to the extent rorr,plianre with Ilse terms of this Deed of Trust would constitute a
<br />duplication of insurance requirement. If any prooeeds^ front the insurance become payable on loss, the provisions in this Dead of l rust
<br />for division of proceeds shall aliply only to that poriior, of the Li;roc:rfeds not payable to the holder of the Existing Indebtedness.
<br />1'rustor's Report on Insurance. Ulwn request of L.errder, however not more than once a year, Trustor shall furnish to Lender a report
<br />nn each existing policy of insurance showing: (1) the Warne of the insurer; 12) lhP risks insured; 13) the amount of the policy; 141
<br />the property insured, the then current replar.,ement value of such property, and the manner of determining that value; and 15) the
<br />expiration date of the policy. Trustor shall, r,lpnn request of Lerxier, have art independent appraiser satisfactory to Lender determine
<br />tfre rash value replacement cost of the Properly.
<br />L.ENL7ER'S EXPENDITURES. If any action nr proceeding is canrnenred that would materially affect Lender's interest in the Property ar if
<br />Trustor fails to comply with any provision of this Deed of -Trust or any Related L)ocurnents, including but not limited 'ro Trustor's failure to
<br />r.orrtply with any obligation to maintain Existing indebtedness in good standing as required below, or to discharge or pay when clue any
<br />amounts 'Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, I ender on Trustor"s behalf may (but
<br />shall not be obligated to) take any action that Lender deems appropriate, including but. not limited to discharging or paying all texas, liens,
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