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Laan No: 872Q58Q87
<br />D��❑ OF TRUST � � i � � 7� 5�
<br />(Cantinuedl
<br />Page 2
<br />6een known to Trustor. Tfie prnvisions oF this section of the Ueed of Truat, includiny the obligation to indernnify and defertd, shall
<br />survive the payment of the Indebtedness and Yhe 5��15�3C11011 flnd reconveyance of Yhe lien q( t.his peed of Trust and 5hall not b�
<br />affected by Lender's acquisition af any interest in thP Property, whether by forecinsure or ofherwis�.
<br />Nuisance, Waste. Trustor shell not cause, conduct or pennit �ny nuisance nor commit, perrnit, or suifer any stripping of or waste� on
<br />or to the Property or any portion of the Property. Without lirniting the c�enerality nf th? fnreyoing, l7ustor will not remove, or grant to
<br />any other party the right to remov�, any tim6er, rninerals (including oii and gas►, cn�l, clay, scoria, soil, gravel or fUCI( �fb(�UCt5
<br />without Lender's prior written consent.
<br />Removat of Improvements. Trustor shall not demolisli or remnve any Im�rovements from the Fieal f'roperty without L.ender's prior
<br />written consent. As a condition to the removal of any Itnprnvements, Lender may require'Trustor to rr�ake arrangernents s�tisfaclory
<br />to Lender to replace such Improvements with Improvements of at least equal ualue.
<br />Lender's Right to Enter, l.ender and L�nder's agents and representatives may enter upon the Real F'ro��erfy at all reasonahle tirnes to
<br />attend to Lender's interests and to inspect the RPaI ('rnperty for purposes of I rtastor's complianr,e with the terms and conditions of
<br />lhis Deed of Trust.
<br />Campliance with Governmental Requirements. Trustor shall F>r'omplly cpmply with all laws, ordinances, and re,yulations, now or
<br />hereafter in effect, ot all governmental authorities applicable to th� use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or reyulation and withhold cornpliance during any proceeding, including appropriate ap��eals, so long as
<br />Trustor has notified Lender in writinq prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopardized. LPnder may require Trustor to post adequate security or a surety bond, reasonahly satisfactory ta Lender, to protect
<br />Lender's interest.
<br />Duty to Protect. l'rustor aqrees n?ither to abandon or leave unattended thc� Property. Trustor s{iall do all other acts, in addition to
<br />those acts set furth aboue In this sectivn, which from the char�ct�r r�nd use of the Property are reysonably ner.essary ta protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT 8Y LEND�R. Lender rnay, at lFnder's option, declare iinmediatPly d�.ie anrl payabie all sums secured by this
<br />beed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part oi the Real Properiy, nr any interest in che
<br />Real Property. A"sale or transfer" means the convc:yance of Fieal Prnperty or any right, title or interest ir� th? Real PrqpPrty; whether I�gal,
<br />beneficial or equita6le; whetf7er volunkary or involuntary; whether by outriylit sale, deed, installrnenf salF± contract, land contract, contract
<br />fqr deed, leasehold interest with a term greater than three (3) years, lease-option cont.ract, or by sale, assignrnent, or Yransfer of ar7y
<br />beneficial interest in or to any land trust holding tifle to tha Real Property, or by any niher method of r,onveyarice of an interest in the R�al
<br />Property. However, this option shall not he Px�rcised by Lender i( suc:h exercise is prohibit?d by f?r.leral law or by Nebraska law.
<br />TAXES AND I.IENS. The following provisions relating to the taxes and liens on the PropQrty are part of ti�is Deeci of Trust:
<br />Payment. Trustor shall pay when due (and in all evPnts prior to delinquency) �II taxes, special taxes, assessments, charges (including
<br />water and sewer►, fines and impositions levied against or on account of fhe F'ro�erty, and shall pay when due all claims fpr work done
<br />bn or for servir.es rendered or material furnished to the f'roperfy. Trustnr shall maintain the Property frpe of all liens having priority
<br />ouer or equal to the interest of Lendc�r under this C)eed of Trust, except for the lien of r.axe5 and :�ssPSSrnents not due, except for the
<br />�xisting Indebtedness referred to below, and except as otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold pnyment of �ny t:ix, assessment, or clairn in connection with a yr�od faith dispule over the
<br />obligatiqn to pay, so long as �.ender's interest in Yhe Property is not jeopardized. If a lic:n erises or is tiled as a result of nnnp�yment,
<br />Trustor shell within fift�en (15) days after the lien arises or, if a lien is filed, within fifteen 115) �i�y after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by I,.ender, deposit with I_er7der cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus �ny costs and attorneys' fees, or oiher charges
<br />that could accrue as a result af a foreclosure br sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />- satisiy any adverse judgment beiore enforcement against the P��perty. Trustor shali ii�iiie Leii�r as additionai obii�ee u�er any "- "
<br />surety bc�nd furnished in the contest procaedings.
<br />Evidence of Payment. Trustnr shall upon demand furnish to Lender satisfactory evidence oi payment of the taxes or assessments and
<br />shall authorize the appropriate governmental official to deliver lo 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 fift�en (15) day5 before ariy work is comrnenced, �r�y service� are
<br />fumished, or any materials are supplied to the Property, if any mer.hanic's lien, rnateriahnen's lien, or otl7er lien r,quld he asserted on
<br />2ccaunt of the work, services, or materials. 1'rustor will upon r� quesf of Lender furnish to I_ender arlvance assurances satisfactbry to
<br />Lender that Trustor can and will pay the cost �f such improvertyents.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relatin,y to insuriny the Property are a part of this peed qf Trust.
<br />Msintenance of Insurance. Trustor shall procure and mainlain �olicies of firP insurancc with standerd extended coverage
<br />endorsements on a replacement basis for tho full ins�arable value coverirtg all Irnprovements on the f7pal f'roperty in an emount
<br />sufficient to avoid application of any coinsur3nce clause, and with e standard morty�gEe clause in fauor of Lender, tngether with such
<br />other hazard and liability insurance �s Lender may reasonably require. Policies shall be written in forrn, �mounts, coverages and b2si5
<br />reasonably acceptable to Lender and issued by a company or cornpanies rPasonably acceptable tn Lender. - (rustnr, upon request of
<br />Lender, will deliver to Lender lrqm time to time the policies or certificates of insurance in forrn s�tisiactory to Lender, including
<br />stipulations that coverages wlll not be cancelled or diminished without at least ten (10) d�ys �,rior written notice to L.ender. Each
<br />insurance policy also shall include an endbrsement providing th�t covc�r�ge in favt�r of L.ender will not be impairecl in any way 6y any
<br />act, omission or de(ault of Trustor or any oth�r p�rson. Slyould th� Real Prnperty he located in an :area dPSignated by the Director ��f
<br />the Federal Emeryency Management AgPncy as a sper,ial fiood hazard area, Trustor agrees to nbtain and rnaintain Federal Flood
<br />Insurance, if available, for the maximum amount oF Trusior's credit line and the full unpaid princip�l balance of any ��rior liens on the
<br />property securing the Iban, ur to the maximum polir,y limits sef under the National �lood Insur�nce Pro,yram, or as otherwise required
<br />by Lender, and to maintain such insurance for thP term of the loan.
<br />Applicatian of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof af loss
<br />if Trustor fails to do so within fifteen (15) c�ays of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
<br />elsction, receive and retain the proceeds of 7ny insurance and apply tlie proceeds t�'� the reduction of the Indebtedness, payment af
<br />any lien affecting the Property, or the restoration and repair oF ihe Proper#y. If Lender elects to apply the pror,eeds to restoration and
<br />repair, Trustor shall repair or replace the damaged or destroyPd Improvements in a manner satisiac;tary to Lender. l_ender shall, upon
<br />satisiactory proof of such expenditure, nay or reimburse Trustor from the proceeds for the reason�ble r,ost of repair or restoration if
<br />7rustor is not in default under this �eed of Trusk. Any �roceeds whicli have not been disbursed within 180 days after their receipt
<br />and which Lender has not committed to the repair or restoration of the Pro�.ierty shflll be used first to pay any amounl owing to Lender
<br />uncler this Deed of Trust, then to pay accrued interest, and the remainder, i( any, sh�ll be applied to the principal balance of the
<br />Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such pror,eeds shall be paid to Trustor as
<br />Trustor's interests may appear.
<br />Complianca with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, r,ompliance
<br />with the insurance provisions contained in the instrument evidencin� such Existing Indebtedness shall constitute compliance with the
<br />insurance provisions under this Deed of 7rust, to the extent complis�nce with the terms of this Ueed of Trust would constilute a
<br />duplicetion of insurance requirement. If any procePds from the insurance becorne pay�ahle nn loss, the provisions in this Ueed of Trust
<br />for division of proceads shall apply only to that pnrtion of tYie proceeds not payable to the holder nf the Existing Indebtedness.
<br />LENDER'S �XPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security inlerests, encumhrances, and other
<br />claims, (B) to provide any required insurance on the Property, (C) to make repairs #o the Property or to comply with any obligation to
<br />maintain Existing Indebtedness in govd standing as required below, then Lender may do so. If any actinn ar proceeding is commenced that
<br />would materially aPfect Lender's interests in the Propc�rty, then Lender on 7rus'far's b�half may, but is not required to, Yake any action that
<br />Lender believes to be appropriate tn procect Lend�r's interesis, All �xpenses incurred or naid by l.ender tvr such purposes will then bear
<br />interest at the rate charged under the Credit Agr�ement irom the date incurred or paid by Lender to the date of repayrnent by Trustor. All
<br />such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to th�
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