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DEED OF TRUST 2 Q 1 Q �''7 "� 3 t�
<br />(Continued) Page 2
<br />any other party the right to remove, any timber, minerals (including oil and gas►, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustar shall not demolish or remove any Improvements from the Real Prpperty without Lender's prior
<br />written consent. As a conditinn to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender ta replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and rapresentatives may enter upon the Real Property at all reasonable times ta
<br />attend tn Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Gavernmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereaiter in effect, of all governmental authorities sppliceble to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. 7rustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriete appeals, so long as Trustor has notified Lendar 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, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. 7rustor shall do all other acts, in addition to
<br />those acts set forth above in this sectinn, which from the character and use af the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />DU� �N SALE - CONSEIVT BY LENDER. 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 Fteal I'roperty, or any interest in the
<br />Real Property. A"sale or transfer" means the conveyan�e of Real Property or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, dasd, instellment sale contract, land contract, contract
<br />for deed, leasehoid interest with a term greater than three (3) years, laase-option contract, or by sale, assignmen[, or transfer of any
<br />beneficial interest in ar ta any land trust holding title to the Reai 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 (aw.
<br />TAXES ANb LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shail pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewerl, fines and impositions levied against 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 ta the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this C]eed of Trust, except for the lien of taxes and assessments nat due and axcept as
<br />atherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, ar claim in connection with a good faith dispute over the
<br />obligation 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 fifteen (15) days after the lien'arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />fiiling, secure the discharye of the lien, or if requested by Lender, deppsit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactary to Lender in an amount sufficient to discharge the lien plus any costs 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 Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. 7rustor shall name Lender as an additional obligee under any
<br />surety band furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to l.ender satisfactory svidence of payment of the taxes or assessments and
<br />shal) authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />agsinst the Property.
<br />Notice of Canstruction. Trustar shall nptify Lender at least fifteen (15) days befare any wprk is commenced, any services are
<br />furnished, or any materials ere 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. Trustpr will upon request of Lender furnish to Lender advance assurances satisfactary to
<br />Lender that Trustor can and wifl pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance af Insurance. 7rustor shall procure and maintain policies af fira insurance with standard extended coverage
<br />endorsements on a rsplacement hasis for the full insurable value covsring all Improvements on the Real Property in an amount
<br />sufficient ta avoid application of any coinsurance clause, and with a standerd mortgagee clause in favor of Lender. Trustor shall also
<br />pracure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
<br />Lsnder being named es additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
<br />insurance, including but not limited to hazard, business interrup[ion, and bniler insurance, as Lender may reasonably require. Policies
<br />shall be writtan in fprm, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonebly acceptable to Lender. 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 ba cancelled or diminished without at least
<br />thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in
<br />favor of Lender will not be impaired in any way by any act, amissian or default of Trustor or any other person. Should the Real
<br />Property be Iocated in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard
<br />area, Trustor agrees to obtain and maintain Federal Flaod Insurence, if available, within 45 days after notice is given by Lender that
<br />the Property is located in a special flood hazard area, tor the tull unpaid principal balance of the loan and any prior liens on the
<br />property securing the loan, up ta the maximum policy limits set under the National Flood Insurance Program, ar as otherwisa required
<br />by Lender, and to maintain such insurance for the term of the loan.
<br />Appliaation of Proceeds. 7rustor shall promptly notify Lender of any loss or damaga to the Prnperty. Lender may make proof of loss
<br />if Trustor fails to da so within fifteen (15) days of the casualty. Whether or not Lender's security is 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 restaration and repair of the Property. If Lender elects to apply the proceeds ta restoration and
<br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expendi#ure, pey or reimburse 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 nat been disbursed within 180 days fter their receipt
<br />and which Lender has not committed to the repair or re�toration'of the Property Shal) be �(sed ffrst f� pay eny entioun�owing to Lender
<br />under this Deed of Trust, then to pay �accrued interest; and the remalnder, lf any, shall be 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 />7rustor's interests may appear.
<br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender 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, ths then current replacement value of such property, and the manner of determining that value; and (5) the
<br />expiration date of the policy. Trustor shall, upon raquest of Lender, have an independent appraiser satisfactory to Lender determine
<br />the cash value replacement cost af the Property.
<br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or it
<br />Trustor fails to comply with any provision of this Deed of Trust or any Related Dpcuments, inoluding but not limited to Trustor's failure to
<br />discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, �.ender
<br />on Trustor's behalf may (but shall nat be obligated to► take any action that Lender deems appropriata, including but not limited to
<br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and
<br />paying all casts far insuring, maintaining and preserving the Praper#y. All such expenditures incurred or paid by Lender for such purposes
<br />will then hear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All
<br />such expenses will become a part of the Inde6tedness and, at Lender's option, will (A) be payahla an demand; (B) be added to the
<br />balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of
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