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DEED OF TRUST 2 010 0 3 3 3
<br />Lratsn No: 10251 (Continued) P89B 2
<br />any other party the right to remove, any timber, minerals (including oil end gasl. coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of ImprovtlmsMS. Trustor shell not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the remgval of any Improvements, Lender may require Trustor to make arrangements aetiatectory
<br />to Lender to replace such Improvements with Improvements pf at least equal value.
<br />Ltlndsr's Right to Enter. Lender end 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 Reel Property for purposes of 7rustor's compliance with the terms and eonditiona of
<br />this Deed Df Trust.
<br />Compliance wkh Oovernmtlntal Requirements. Trustor shell promptly comply with all laws, ordinances, and ragulationa, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulaCion and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender In wrting prior to doing so and sp long as, (n Lender's sole opinion, Lender's Interests in the Property are
<br />not jeopardized. Lander may require Trustor to poet adequate security or a surety bond, reasonably setiafectory to Lender, to protect
<br />Lender's interest.
<br />Duty to Protaot. Trustor agrees neither to abandon or leave unattended the Property, Trustor shall do ell other acts, in addition to
<br />those acts pet forth above in this sectlan, which from the character and use of the Property are reasonably necessary tp protect and
<br />preserve the Property.
<br />DUE pN SALE -CONSENT BY LENDER. Lender may, et Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upon the sale or transfer, without Lender's prior written Cpnaent, of all or any part of the Real Rpptlrty, or any Interest in the
<br />Real PrppertY. A "sale pr transfer" means the conveyance of Rest Property or any right, title or interest In the Reel Property; whether legal,
<br />beneficial or equitable; whether voluntary ar involuntary; whether by putright sale, deed, Installment sale contract, lend contract, confiact
<br />for deed, leasehold interest with a term greeter than three (31 years, leaaeroption contract, or 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 Raal
<br />Property. However, this option shall not be exercised by Lender if such 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 ere pan of this Deed of Trust:
<br />Payment. Trustor shall pay when due land in all events prior to delinquency! ell taxes, special taxes, assessments, charges (including
<br />water end eawerl, fines and Impositions levied egeinet 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. 7ruator shall maintain the Property free of all liana having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the Ilan of taxes end assessments not due end except as
<br />otherwise provided in this Dead of Trust.
<br />Right to Crxlttlst. Trustor may withheld payment of any tax, assessment, or claim in connection with a good faith dispute ever the
<br />obligation to pay, ao long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Truster shall within fifteen (15) days after the lien arises or, if a lien is flied, within fifteen (15) days after Trustor ha: notice of the
<br />tiling, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other secwity satisfactory to lender in an amount sufficient to discharge the lien plus any costa 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 />Evidartctl 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 et any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notfatl of Consbucdon. Trustor shall notify Lender et least fifteen (16) days before any work is commenced, any services are
<br />furnished, or any materials era supplied to the Property, if any mechanic's Ilan, materialmen's Ilan, or other Tien could be asserted on
<br />account of the work, services, or materials. Troatar will upon request of Lander furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can end will pay the coat of such improvements.
<br />PROPERTY DAMAOE INSURANCE. The following provisions relating to insuring the Property era a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure end maintain policies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis far the full insurable value covering all Improvements pn the Real Property In an amount
<br />sufficient to avoid eppllcation of any coinsurance clause, end with a standard mortgagee clause in favor of Lender, together with such
<br />other hazard and (lability Insurance as lender may reasonably require. Policies shell be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and Issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of
<br />Lander, will deliver to Lender from time to time the policies or certificates of insurance in form eatisfectory to lender, including
<br />stipulations that Coveregas will not be cancelled or diminished without at least ten IfW days prior written notice to Lander. Fach
<br />insurance policy also shall include Bn endorsement providing that coverage in favor of Lender will not be Impaired In any way by any
<br />act, omission pr default of Trustor or any 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 any prior liana on the property securing the loan, up to the
<br />maximum policy limits sat under the National Flood Insurance Program, or ea otherwise required by Lender, and to maintain such
<br />insurance for the term of the loan.
<br />Applicetlpn of Proctleda. Trustor shell promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
<br />if Trustor fella to do so within fiheen f15) days of the Casualty. Whether or not Lender's security ie impaired, Lender may, at Lender's
<br />election, receive and retain the proceeds of any insurance and apply 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 ropair or replace the damaged or destroyed Improvements in a manner aatiafactnry to Lander. Lender shell, upon
<br />satisfactory proof of such expenditure, pay or reimburse Truster horn the proceeds for the reasonable cost of repair or restoration if
<br />Truster is not in default under this Daod of Trust. Any proceeds which have not been disbursed within 180 days after 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 Lander
<br />under this peed 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 attar payment in full of the Indebtedness, such proceeds shell be paid to Trustor as
<br />Trustor's interests may appear.
<br />TAX AND INSURANCE RESERVES. Subject to any limitations set by applicable law, Lender may require Trustor to maintain with lender
<br />reserves for payment of annual taxes, assessments, end insurance premiums, which reserves shall be created by advance payment or
<br />monthly payments of a sum estimated by Lander to be sufficient to produce, amounts at least equal to the taxes, assessments, and
<br />insurance premiums to be paid. The reserve funds shell be held by Lender as a general deposit from Truster, which Lender may satisfy by
<br />payment oT the taxes, assessments, and insurance premiums required to be paid by Trustor as they become due. Lender shall have the
<br />right to draw upon the reserve funds to pay such items, end Lender shall not be required to determine the validity or accuracy of any item
<br />before paying it. Nothing in the Deed of Trust shall be construed as requiring Lander tp advance other monies for such purposes, end
<br />Lender shall not Incur any liability for anything It may do or omit to do with respect to the reserve account. Subject to any limitations set
<br />by applicable law, if the reserve funds disclose a shortage or deficiency, Trustor shell pay such shortage or deficiency as required by
<br />Lender. Ali amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby eutharized to
<br />withdrew and apply such amounts on the Indebtedness upon the occurrence of an Event of Default. Lender shell not be required to pay
<br />any interest or earnings pn the reserve funds unless required by law or agreed to by Lender in writing. Lander does not hold the reserve
<br />funds in trust for Trustor, and Lender is not Trustor's agent far payment of the taxes and assessments required to be paid by Trustor,
<br />LENDER'S EXPENDITURES. I} Trustor fails IAI to keep the Property free of all taxes, Ilene, security interests, encumbrances, and other
<br />Claims, (R) to provide any required insurance on the Prpparty, or IGI to make repairs to the Property then Lender may do so. If any
<br />action or proceeding is commenced that would materially affect Lendar'a interests In the Property, then Lender on Trustor's behalf may,
<br />~~ but is not required to, take any action that Lender believes to be epprppriete to protect Lender's interests. All expenses Incurred or paid by
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