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<br />repair, or replace, any irnprovernent which may be damaged or destroyed; shall not commit or permit any
<br />waste or deterioration of the real estate lereinabove described, shall not remove, demolish or substantially
<br />alter any of the improvements on the Property; shall not commit, suffer or permit any act to be done in or
<br />upon the property in violation of any law, ordinance or regulation; and shall promptly discharge at
<br />Borrower's cost and expense all liens, encumbrances, and charges levied, imposed or assessed against the
<br />described real estate or any part thereof.
<br />6. Borrower shall keep the Property in compliance with all applicable laws, ordinances, and
<br />regulations relating to industrial hygier-e or environmental protection (collectively referred to herein as
<br />"Environmental Laws"). Borrower shall keep the Property free from all substances deemed to be hazardous
<br />or toxic under any Environmental Laws (collectively referred to herein as "Hazardous Materials"). Borrower
<br />hereby warrants and represents to Lender that there are no Iazardous Materials on or under the Property.
<br />Borrower hereby agrees to indemnify and hold harmless Lender, and any successors to Lender's interest,
<br />trom and against any and all claims, damages, losses and liabilities arising in connection with the presence,
<br />use, disposal, or transport of any Hazardous Materials on, under, iron, or about the Property. THE
<br />FOREGOING WARRANTIES AND REPRESENTA'T"ION, AND BORROWER'S OBLIGATIONS
<br />PURSUANT TO ~I"HE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS
<br />DEED OF TRUST.
<br />7. Borrower shall not sell, transfer, assign, convey or further encumber all or any part of or arty
<br />interest in the Property hereinabove described, either voluntarily or involuntarily, without the express prior
<br />written consent of Lender or as otherwise hereirr permitted, and in the event of any such sale, transfer,
<br />assignment, conveyance or transfer in violation of this provision, Lender shall have the option to declare all
<br />sums secured hereby immediately due and payable.
<br />8. If Borrower fails to perform the covenants ,and agreements herein contained, Lender may
<br />do and pay for whatever is necessary to protect the value of the Property, and Lender's rights in the Property,
<br />including the paying of any sum secured by a lien which has priority over this Deed of `T'rust, appearing in
<br />court, paying reasonable attorney fees and entering the Property to make repairs. Any amount disbursed by
<br />Fender under this paragraph shall become an additional debt of Borrower, secured by this Deed of Trust, to
<br />bear interest from the date of disbursement and said amount, together with the then unpaid principal amount,
<br />shall bear interest at the highest lawful rate until refunded by Borrower.
<br />9. The proceeds of a condemnation award are hereby assigned. and. shall be paid to Lender and
<br />shall be applied to the sums secured by this Deed of Trust, whether or not then due, with any excess to be
<br />paid to Borrower.
<br />10. Any extensions or modifications of the loan granted by Lender to any successor in interest
<br />of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
<br />interest. Any forbearance by Lender in exercising any right or remedy shall riot be a waiver of or preclude
<br />the exercise of arty right or remedy.
<br />11. A.ny notice to Borrower provided for in this Deed of Trust shall be given by delivering it or
<br />mailing it by first class mail unless Nebraska Law requires use of another method, at the Borrower's last
<br />known address.
<br />12. This Deed of Trust shall be govented by Nebraska Law.
<br />13. Lender slrall give notice to Borrower following Borrower's breach of any covenant or
<br />agreement iri this Deed of'Trust and the Debt which it secrires. The notice shall specify (a) the default, (b)
<br />the action required to cure the default, (c) a date not less than ten (10) days from the date the notice is given
<br />to Borrower by which the default must be cured, and (d) that failure to cure the default on or before the date
<br />specified in the notice may result in acceleration of the sung secured by this Deed of Trust and sale of the
<br />Property pursuant to the power of sale herein granted. The notice shall further inforni Borrower of the right
<br />to reinstate, after acceleration, and the right to bring a court action to assert the nonexistence of a default or
<br />any other defense of Borrower to acceleration and sale. If default is not cured, on or before the date specified
<br />in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Deed
<br />of Trust without further demand and may invoke the power of sale and any other remedies permitted by
<br />Nebraska Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided
<br />in this paragraph or otherwise taken to protect its interest in collateral described in this Deed of Trust or
<br />enforce any provisions hereof, including but not limited to reasonable attorney fees and costs of title
<br />evidence.
<br />14. If the power of sale is invoked, Tnstee shall record a notice of default in each county in
<br />which any part of the Property is located and shall mail copies of such notice in the manner prescribed by
<br />Nebraska law. `Trustee, without demand on Borrower, shall sell the Property at public auction to the highest
<br />bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and
<br />in any order Trustee determines. "Trustee may postpone sale of all or arty parcel of the Property by public
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