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D��D OF TRUST � O 1 O Q"I'71$
<br />Loan No: 809487 (Cantinued) page 2
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, reiease or
<br />threatened release accurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />baen known to Trustor. The provisions af 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 reconveyance of the lien of this Deed 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. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />ar tv the Property or any portion af the Property. Without limiting the generality af the faregoing, Trustor will not remove, or grant to
<br />any other party the right to ramove, any timber, minerals (including oil and gas►, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Rempval ot Improvements. Trustar shall not demolish or remove any Improvem�nts from the Real f'roperty without Lender's 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 ot at least equat value.
<br />Lendar's Right to Enter. Lender and Lender's agents and representatives mey enter upon the Real Property at all reasonable times to
<br />attend ta Lender's interests and ta inspect the Real Property for purposes af Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Cvmpliance with Governmental R�quirements. Trustor shall promptly comply with all laws, ordinances, and regulativns, now ar
<br />hereafter in sffect, of all governmental authorities applicable ta the use or occupancy af the Prnperty, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhnld compliance
<br />during any proceeding, including appropriate appeals, sn long as Trustor has nvtifisd Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasanably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />thpse acts set forth above in this section, which frpm the character and use of the Property are raasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LEND�R. 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 Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Praperty. A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whethar voluntary or involuntery; whether by outright sale, deed, installment sale contract, land contrect, contract
<br />for deed, leasehold interest with a term greater than three (31 years, lease-option contract, or by sale, assignment, or transfer of any
<br />beneficial interest in nr to any land trust holding title to the Real Property, or by any ather method of conveyance of an interest in the Fteal
<br />Property. Wowevar, this option shall not be exercised by Lander if such exercise is prnhibited by federal law or by Nebraska law.
<br />7AXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Paymant. Trustor shall pay when due land in at� events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water end sewerl, fines and imppsitions levied against or on account of the Property, and shall pay when due all claims for work done
<br />an nr for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />aver or equal to the interast of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except tor the
<br />Existing Indebtedness rsferred to below, and except as otherwise provided in this Deed of Trust.
<br />Right to Cantest. Trustor may withhold payment af any tax, assessment, or claim in connection with a good faith dispute over the
<br />abligatipn to pay, so Iong as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within fiheen �15) days after tha lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice vt the
<br />filing, secure the discharge of tha lien, or if reques#ed by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other securi#y satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and sttorneys' fees, or other charges
<br />that could acerue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enfarcement agains# the Property. 7rustor shall nama Lender as an additional obligee under any
<br />surety bond furnished in the contest prnceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize tha appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. ?rustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender edvance assurances satisfactary to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />RROPERYY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of ihis Deed of Trust.
<br />Maintenance af Insurance. Trustor 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 avpid application of any coinsurance clause, and with a standard mortgagee cleuse in favor of Lender. Trustpr shall also
<br />procure and maintain comprehensive general liability insurance 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 hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies
<br />shall be written in form, amounts, coverages and basis reasona6ly acceptable to Lender and issued by a company or companies
<br />reasona6ly acceptable to Lendar. Trustor, upon request of Lender; will deliver to Lender from time to time the policies or certificates
<br />of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least
<br />ten (10) days prior writtan notice to Lender. �ach insurance policy also shall include an endorsement providing that coverage in favor
<br />of Lender will not ba impaired in any way by eny act, omission or default of Trustor or any other person. 5hould the Real Prvperty be
<br />located in an area designated by the Direptar of the Federal �mergency Management Agency as e special flood hazard araa, Trustor
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<br />agraas to obtain and maintain Federal Flaod Insurance, if available, for the full unpaid principal balance of the loan and any prior liens
<br />6n the proper�y securing [he loan; up to the maximum policy li+�i�s set undar the NaLianalFlnod lnsurance Program, or as otherwise
<br />required by Lender, and to maintain such insurance for the term of the loan.
<br />Applicatian of Proceeds. Trustor shall promptly natify Lendar of any loss or damage to the Property. Lender may make proof of Ioss
<br />if Trustar fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
<br />electipn, receive and retain the proceeds of any insurance end apply the proceeds to the reduction of the Indebtedness, payment of
<br />any li�n affecting the Property, or the restoration and repair of the I'roperty. If Lender elects to apply the proceeds to restoration and
<br />repeir, Trustor shalt repair or replaca the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburae Trustor from the proceeds for the reasonable cost of repair or restoration if
<br />Trustor is not in default under this Deed 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 restoretion of the Property shall be used first to pay any amount owing tn Lender
<br />under this �eed vf Trust, then to pay accrued interest, snd the remainder, if any, shall be applied to the principal balance of the
<br />Indebtedness. If Lender holds any proceads after peyment in full of the Indebtedness, such proceeds shall be paid to Trustor as
<br />Trustor's intarests may appear.
<br />Compllance with Existing Indebtedness. puring the period in which any Existing Indebtedness 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 Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a
<br />duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust
<br />for division of proceeds shall apply only to that partion of the proceads not payable to the holder of the Existing Indebtedness.
<br />Trustor's Report on Insurance. Upon request of Lender, however npt more than once a year, 7rustor shall furnish to Lender a raport
<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
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