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20100177
<br />DEED OF TRUST
<br />Loan No: 808157 (Clantinued) Page 2
<br />tv Lender to replace such Improvements with Improvements of at Isast 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 tv 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 />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 necupancy 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 end so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Du#y to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall da 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 />DUE QN SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately duo and payable all sums secured 6y this
<br />Deed of Trust upon the sale ar transfer, without Lender's prior written consent, of all yr any part of the Raal 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 Roal Property; whether legal,
<br />beneficial or equitable; whether voluntary ar involuntary; whether by outright sale, dead, installment sale contract, land contract,_contract_ _
<br />__ _ ~rlt deed, leasehold.. interest with a-term greater than three t3- years, tease-option contract, yr ~y-sale; -assignment, or 4ransfer of any
<br />6eneficlsl interest in ar 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. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or 6y Nebraska law.
<br />TAXES AND LIEN5. The following provisions relating to the taxes and liens on the' Property are part of this peed of Trust;
<br />Payment. Trustor shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer, fines and impositions levied against ar an account of the Property, and shall pay when due all claims far work done
<br />on or far services rendered yr material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over ar 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 khis peed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute aver 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 (16- days after the lien arises or, if a lien is filed, within fifteen 115) days after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lander cash ar a sufficient corporate surety bond ar
<br />other security satisfactory to Lender in an amount sufficient to discharge the Tien 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 Lander 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 tv Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<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 vn
<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.
<br />PROPERTY DAMAQE INSURANCE. The fallowing provisions relating to insuring the Property are a part of this Dead of Trust.
<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...and with a standard_mortgagse clause 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 acceptable to Lender and issued by a company ar companies reasonably 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 coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lsnder will not be impaired in any way by any
<br />act, omission or default of Trustor or any other parson. 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 any prior liens an the property securing the loan, up to the
<br />maximum policy limits sat under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
<br />insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any lass or damage to the Property. Lender may make proof of lass
<br />if Trustor fails to da 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 o then roceeds to restoaat on and
<br />any lien offecting the Property, ar the restoration and repair of the Property. If Lender elects to apply p
<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, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if
<br />Trustor is not in default under this peed of Trust. Any proceeds which have not been disbursed within 1 Bp days after their receipt
<br />and which Lender has not aommltted 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.
<br />cnmpliancs 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 extent compliance with the terms of this Daed 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 payable to the holder of the Existing Indebtedness.
<br />LENDER'S EXPENbITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other
<br />claims, IBI to provide any required insurance on the Property, ICI to make repairs to the Property or to comply with any obligation to
<br />maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action ar proceeding is commenced that
<br />would materially affect Lender's interests in. the. ProRerSy, then Lender. onTrtlstor_S behalf m..ay,_ b_ut is not required to,_ take any action that
<br />Lender believes to be appropriate tv protect Lender's interests. All expenses incurred or paid by Lender far such purposes will then bear
<br />interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such
<br />expenses will become a pert of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of
<br />the Note and be apportioned among and be payable with any installment payments to become due during either 11- the term of any
<br />applicable insurance policy; yr (~) the remaining term of the Nment of these amounts. aThsb fights prov dedtforhin th sllpa agraphnshall be in
<br />at the Note's maturity. The Deed of Trust also will secure pay
<br />natd1be construedtas cugng the defaultnsa Ias tv bahlLenderf rom anyb emedy thatnit otherwise wvu dehavle h dny such action by Lender shall
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property ors a part of this Deed of Trust:
<br />Title. Trustor warrants that: lal Trustor holds goad and marketable title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set Earth in the Real Property description or in the Existing Indebtedness section below yr in
<br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Dead of
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