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USED QF TRUST 2 010 o s 4 2~
<br />Loan No: 8Q83O1 (Continued) Page 2
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right #o Enter. Lender and L.er,der's agents and ropresontatives may enter upon the Real Prvperty at all reasonahle times to
<br />attend to L.ender's interests and to inspect the Real Prvperty for purposes of TYustor's compliance with the terms and con(iitions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor si,rtll prornplly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of allyovernrnental authorities applicable to the use or occupancy of the Profrert.y. "1 roster' may (:ontest inyocrd
<br />faith any such law, ordinance, or regulation and witf,hrikl compliance dt.rrinq any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender in writing privr to doing so and 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 I_en(ler, to protect
<br />Lender's interest.
<br />Duty to protect. T'rustar agrees neither io abandon or leave, unattended the Property. Trustor shall cfo all other arts, in additivn to
<br />those arts set forth above in this section, which from the Ch BraCtP,r and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE -CONSENT BY LENDER. Lender rnay, at Lender's option, declare immediately dur. and payable ail S(Ilns secured by this
<br />Deed of Trust upon the sale or transfer, without Lender's prior writlerr consent, of all yr any part of the Real Property, or arty interest in the
<br />Real Property. A "sale or transfer" means the conveyance of float Property or any rigftt, rifle or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, (tP..ed, installment sale contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (31 years, least option contract, or by sale, assignment, or transfer of any
<br />beneficial interest in or to any land trust holding title tti the Real Property, or by any other teethed (?f conveyance of an interest in the Real
<br />Property. However, this option shall not be exercised by Lander if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating tv the taxes and liens on the Prvperty are part of tills Deed of Trust:
<br />Payment. Trustor shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, Chflrge5 (including
<br />water and sewer, fines and impositions levied against or on account of the Prvperty, acrd shall pay when duo all claims for work done
<br />on or for services rendered or material furnished to the Property. -Trustor shall maintain the Property free of all liens having priority
<br />ever or equal to the interest of Lender under this Ueed of Trust, excefrt for the lien of taxes and assessments not due, except for the
<br />Existing Indebtedness referred t:o below, and except as otherwise provided in this Uevd of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over tn(~
<br />obligation to pay, so long as Lender's interest in the Prvperty is not jeopardized. If a lien arises or is filed as a result. of nonpayment,
<br />Trustor shall within fifteen 1151 days after the lien arises ar, if a lien is filctd, within fifteen l1 b) days after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to tender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, c.r other charges
<br />that could accrue as a result of a foreclosure yr sale un(1er the lion. In any contest, Trustor shall defend it elf and Lender and shall
<br />satisfy any adverse judgment before enforrernent against the Pro{.terry. TYtrstvr 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 kender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Native of Construction. Trustor stroll notify Lender at least fifteen (15) days before any work is corrtrrtertced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialrnen's lien, yr other lien could be asserted on
<br />account of the work, services, or materials. l-roster will upon request of Lander furnish 'to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such ir'nprvvemrtnts.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this teed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coveracle
<br />endorsements vn a replaremenk basis for the ft.dl insurablct value covering all Irnprovrtments on the Real Prvperty in an anururtt
<br />sufficient to avoid application of any coinsurance clause, and with a sutndard mortgagee clause in favor of Lender, together with such
<br />other hazard and liability insurance as Lender may reasvnalaly require. Policies shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender an(I issued by a company or companies reasonably acceptable to Londar. Trustor, upon request (if
<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 ranceiled or (liminished without at least ton l10) days privr written notice to t.ertder. Each
<br />insurance policy also shall include an enc)orsernent providing that coverage in favor of Lender will not tx; impaired in any way by any
<br />act, omission or (lefault of Trustor or any other person. Should the Re~rl Prvperty be IOCated 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 F lo(td
<br />Insurance, if available, for the full unpaid principal balance of the loan and any prior liens nn khe property securing the loam, up to the
<br />maximum policy limits set under the National 0=1ood Insurance Program, (ir as otherwise required by Lender, an(1 to maintain such
<br />insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall prorttptly notify Lender of any Iola or damage to the Prvperty. Lender may make proof of loss
<br />if Trustor fails to dv so within fifteen (151 days of the casualty. Whrtfher or not I_en(ler's security is impaired, lender may, at I_endrtr's
<br />election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Ir,rlehtedness, payment of
<br />any lien affecting the Property, or the restorative and repair of the Property, If Lender elects to apply the proceeds to restoration and
<br />repair, Trustor shall repair or replace the damaged or destroyed Irnprovernents in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburse '1"rustvr from the proceeds for the reasonable cost of repair or restoration if
<br />Trustor is not in default under ti,is Dee(i of Trust. Any proceeds which have not k?e(rn disbursed within 1$p days after their receipt
<br />and which Lender has not committed tv the repair or restoration of the Proterty shall be used first to pay any amount owing to k.en(ler
<br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall )ie applied to the. principal balance of the
<br />Indebtedness. If Lender holds any prrireeds after payment in full of the Indebtedness, such proceeds shall tae paid to Trustor as
<br />Trustor's interests may appear.
<br />Compliance with Existing Indebtedness. During the period in which any f-_xisi:ing Indehterlness 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 faeed of Trust, to the extent corrtpliance with the terms of this Used of Trust would COnStItULe a
<br />duplicative of insurance requirement. if any proceeds irvm the insurance become payable on loss, the provisions in this peed of Trust
<br />for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the EXIStm(1 Indebtedness.
<br />LENDER'S EXPENDITURES. If Trustor fails IA) to keep the Prvperty free of all taxes, liens, security interests, encumbrances, and othctr
<br />claims, l6) to provide any required insurance on the Property, lCl to make repairs to the Properly yr to comply with arty obligation to
<br />maintain Existing Indebtedness in good standing as required below, then Lender may dv so. If any action or proceeding is commenced that
<br />would materially affect Lender's interests in the Property, then Londar on Trustor's behalf may, but is not required to, take any action that
<br />Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear
<br />interest at the rate charged under the Note from the date incurred or paid by Lender to lire date of rapayntent by Trustor. All such
<br />expenses will become a part of the Indebtedness and, at Lender's option, will lA- be payable on demand; (6) be added to the balance of
<br />the Note and be apportioned among and be payable with arty installment payments to become due during either l1) the term of any
<br />applicable insurance policy; nr 12- the remaining Tenn of the Npte; yr lC) he treated as a balloon payment which will be duo and payable
<br />at the Note's maturity. The Deed of Trust also will serum payment of these amounts. The rights provided for in this paragraph shall he in
<br />additivn to any other rights or any remedies to which Lender may lie entitled on account. of any default. Any such action by Lender shall
<br />not be construed as curing the default so as to bar Lender from any remedy that if otherwise would have ha(I.
<br />WARRANTY; DEFENSE l7F TITLE. The following err?visions relating to ownership of the Property are a part of this f7ee(i of Trust
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record t.o the Property in fee simple, free acrd clear of all
<br />liens and encumbrances other than those. set forth in the Real Property description or In the Existing Indebtedness section below or in
<br />any title insurance policy, title report, or final title opinion issued in favor of, anr.1 accepted hy, Lander in connection with this ^eed of
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