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.201004339
<br />DEED OF TRUST
<br />Loan No: 810019 (Continued) Page 2
<br />claims, losses, tiabNilies, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustu 's ownership or interest In the Property, whether or not the same was Or should have
<br />been known to Truster. The provisions of this section of the Deed of Trust, Including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and of the Bert of this Dead of Trust and shall not be
<br />affected by Lender's acquisition of any interest In the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Truster shall not cause, conduct or permit any 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 generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soli, 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 Lenders prior
<br />written Consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements 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 Properly at all reasonable times to
<br />attend to Lender's interests and to Inspect the Real Property for purposes of Trusters compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governme del Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all govemmerdal authorities applicable to the Lice or occupancy of the Property. Including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in goad filth any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so Fong as Trustor has notified Lender In writing prior to doing so and so long as,
<br />In Lenders sole opinion, Lenders interests In the Property are not jeopardized. Lender may require Truster to poet adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest.
<br />Duty to Protect Truster agrees neither to abandon or leave unattended the Property. Truster shall do all other acts. in addition to
<br />those ads 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 ON SALE - CONSENT BY LENOW Lender may, at Lender's option. declare immediately due and payable all sums secured by this
<br />Deed of Trust upon the sale or transfer, without Lenders prior written Consent, of all or any pan of the Real Property, or any Interest In the
<br />Real Property. A "sale or transfer' means the conveyance of Real Property or any right, tide or interest In the Real Properly; whetter legal,
<br />beneficial or equitable; whether voluntary or Involuntary; whether by outright sale, deed, insta&nent sale contract, land contract, contract
<br />for dead, leasehold interest with a term greater than three (3) years, leasegaptwn contract, or by sage, assignment, or transfer of any
<br />beneficial interest In or to any land dust holding We 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 by Nebraska law.
<br />TAXES AND LIONS. The following provisions relating to the taxes and None on the Property are pan of this Deed of Trust:
<br />Payment. Truster shall pay when due (and in ad events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), Knee and Impositions levied against or on account of the Property, and shall pay when due all darns for work done
<br />on or for services rendered or material furnished to the Property. Trustor shag maintain the Property tree of all Nens having priority
<br />over or equal to the Interest of Lender under this Deed of Trust, except for the Nan of taxes and assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to CanpsL 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 Lenders interest In tre Property is not jeopardized. if a Nan arises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (15) days after the Non adzes or, If a Nan is flied, within fifteen (15) days after Trustor has notice of the
<br />filing, secure the discharge of the Non, or H requested by Lender, deposit with Lender cash or a suffdent corporate surety bond or
<br />otter security satisfactory to Lender In an amount sufficient to discharge the Nan plus any costs and atomeys' fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the Nan_ In any contest. Truster shah defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Properly_ Truster shall norm Lender as an addkk)nal obligee under any
<br />surety band furnished In the contest proceedings.
<br />Eridencs of Paymorrt. Trustor shall upon demand furnish to lender satisfactory evidence of payment of the taxes Or assessments and
<br />shell authorize the appropriate govemmentah official to dsllver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor ship notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />fumished, or any materials are supplied t0 the Property, if any mechanic's Nan, materialrnen's Non, or other Nan could be asserted on
<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 coat of such improvements.
<br />PROPERTY DAMAGE INSURANCE The fatgwing provisions relalksg to insuring the Property are a pan of this Deed of Trust.
<br />Maintenance of Insurhwiea. Truster 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 douse, and with a standard mortgages clause In favor of Lender. Trustor shall also
<br />procure and maintain comprehensive general liability kreurence in such coverage amounts as Lender may request with Trustee and
<br />Lender being named as additional insureds In such liability insurance policies. Additionally, Trustor shall maintain such other
<br />insurance. Including but not limited to haXsrd, busirhsss intemuptim. and boiler insurance, as Lender may reasonably require. Policies
<br />shag be written in form, arrmount% coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lander, will deliver to Ladder from time to time the policies or certificates
<br />of Insurance in form satisfactory to Lender, Including stipulations that covereges will not be cancelled or diminished without at least
<br />ton (10) days prier written notice to Larder. Each Insurance pokey also shall Include an a dorsomennt providing that coverage In favor
<br />of Lender will not be impaired In any way by any act, Omisaion or default of Trustor or any other parson. Should the Real Property be
<br />located In an area designated by to Director of the Federal Emergency Management Agency as a special flood hazard area. Trustor
<br />agrees to obtain and maintain Federal Flood Insurance, t avaga6la, for the full unpaid principal balance of the ban and any prior lions
<br />on the property securing the barb. up to the maximum pokey limits set under the National Flood Insurance Program, or as otherwise
<br />required by Lender, and to maintain such Insurance for the tens of the ban.
<br />Application of Proceeds. Trustor shall promptly notify lender of any loss or damage to the Property_ L.endar may make proof of loss
<br />If Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lenders security is Impaired. Lender may, at Lenders
<br />election, receive and retain the proceeds of any Insurance and apply Me proceeds to the reduction of the Indebtedness, payment of
<br />any Ilan affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
<br />repair. Trustor shag 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 Twsor from the proceeds for the reasonable cost of repair or restoration It
<br />Trustor is not In default under this Deed of TmsL Any proosieds which have not been disbursed within 180 days ate then receipt
<br />and which lender has not committed to tine repair or restoration of the Property shat be used first to pay any amount owing to Lender
<br />under olds Dead of Trust, then to pay accrued Interest, and the remainder, if any, shat he 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 />Trusters interests may appear_
<br />Trusters Report on insurance. Upon request of Lender, however not more than once a yew, Trustor shale furnish to tender a report
<br />on each existing policy of Insurance showing: (1) the name of the Insurer, (2) the risks insured; (3) the amount of the policy; (4)
<br />the property insured. the then current replacement value of such property, and the manner of determining that value; and (5) the
<br />expiration date of the policy. Trostor shall, upon request of Lender, have an independent appraiser satsfadery o Lender determine
<br />the cash value replacement cost of the Property.
<br />LENDER'S EXPENDITURES. IF any action or proceeding is conanenosd that would materially affect Leridees Interest in the Property or if
<br />Trustor faits to comply with any provision of this Deed of Trust or any Related Documents. Including but not limited to Trusters failure to
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