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l,oan Na: 87205$095
<br />DEED �F TRUST � � 1 Q�'� 8 8 7
<br />(Continued)
<br />affected by Lender's acquisition of any interest in the Property, whether 6y foreclosure or otherwise.
<br />Page 2
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance npr commit, permit, or suffer any stripping of or wasie on
<br />or tv the Property or any portion of the Property, Wikhout limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other perty 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. Trustor shall not demolish vr remove any Irriprovements Trom the Real Property without Lender's prior
<br />written cnnsent. As a condition to the removal af any Improvements, Lender may require Trustor to mflke arrangements satisfACtory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and l.ender's agen�s and representatives may enter upon the Real Property at all reasonahle times to
<br />attend to Lender's interests and to inspect the Raal Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Raquirements. 'rrustor stiall prompUy r,pmply with all laws, ordinances, and regulations, now nr
<br />hereafter in effect, of all governmentel authorities applicablP to #he use or occupancy of the Property. Trustor may cpntest in good
<br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, inr,luding appropriate appeals, so long as
<br />Trustbr has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Prbperty are
<br />not jeopardized. Lander may require Trustor to post adequate security or a surety b<md, reasonahly satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duty to Pratect. Trustor agrees neither to abandon or le�ve unat#r�nded the Property. Trustor shall do all other acts, in addition to
<br />those acts 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 />PUE QN SALE - CpNSENT 8Y LENpER. Lender may, at Lender's option, declare immediately due �nd payable all sums secured by this
<br />Deed of trust upan the sale or transfer, without Lender's privr written consent, of all or any part nf the Real Proper#y, nr any interest in the
<br />Real Property. A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Fieal Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether uy outright sale, d�ed, installment sale contract, land contract, contrect
<br />for deed, leasehold interest with a torm greater than three (3) years, lease-option contract, or by sale, assignment, or transipr of any
<br />beneficial interest in or ta any land trust holding title to the Real Property, or 6y any other rnethod of conveyancP of an interest in the Real
<br />Property. However, this option shall not be exercisPd by Lender if such exercise is prohihiked by fedcral law or by Nebraska law.
<br />TAXES AND I.IENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trus#:
<br />Payment. Trustar shall pay when due (and in all events prior to delinquency) all taxes, special taxes, sssessments, charges (including
<br />waCer and sewer�, fines and impositinns 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 to the Property. Trust�r shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this beed of Trust, exr,ept for the lien of taxes and assessments not due ar�d except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tex, assESSment, or claim in connectiorr wilh a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardized, If a lien arisPS or is filed as a result of nnnpayment,
<br />Trustor shall within fifteen (15) days after the lien flfl$@5 or, if a lien is filed, within fifteen (15� days after l�rustor has notice of the
<br />filing, secure the discharge of tMe lien, or if rEquesied by Lender, deposi# with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to I�ender in an amount sufficient to discharge the lien plus any r,osts and attomeys' fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any cvntest, Trustor shall defend itself and Lander and shall
<br />satisfy any adverse judgment before eniorcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />�vidence of Payment. Trustor shall upon demand furni5h to I..ender sa1'isfactory evidence of payment of the taxes or assessments and
<br />shall authorize the 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 Cvnstructinn. Trustor shall nptify Lender at least fifteen (15) days 6efore any work is commenced, any services ara
<br />furnished, or any materials are supplied to the f'roperry, if any mechanids lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, ar materials. 7rusror will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PR�PERTY DAMAGE INSURANCE. 7he fbllowing provisions relatiny to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insuranca. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a replacement b2sis Tor the full insurable value covering all Improvements on the Real Property in an amount
<br />sufficient to auoid application of eny coinsuranr.e clause, and with a s[andard mortgagee clause in favor of Lender, togather with such
<br />other hazard and liability insurance as I_ender may reasonably require. Pnlicies shall be written in form, amounts, coverages and basis
<br />reesonably acceptable to Lender and issued by a company or compsnies reasonably acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver to Lender from time to time the policies or r.ertificates of insurance in fvrm satisfactory to Lender, including
<br />stipulations that coverages will not be cancelled or diminished without at least ten (1Q) days prior written notice to Lender. �ach
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will nbt ba impaired in any way by any
<br />act, omission or default of Trustnr or eny other person. Should the Real Property be located in an area designated by the Director of
<br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to nhtain and maintain Federal Flood
<br />Insurance, if available, for the maximum amount of Trustor's credit lin� and the tull ur7paid prinr.ipal balance r�f any prior liens on the
<br />property securing the loan, up to tl�e rnaximum policy limits set under the National Flood Insurance Proyrarn, or as �therwise required
<br />by Lender, and to meintain such insurance for the term of the loan.
<br />Applicatiqn of Proceeds. Trustor shall promptly not:ify Lender of any loss or damage to the ProF�erl.y. Lender may make proof of los5
<br />if Trustor tails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, l_ender may, at Lender's
<br />election, receive and retain the proceeds of any insuranee and apply the proceeds to the reduction of the IndebtPdness, payment of
<br />any lierr aff�eting the Property, or the restoration and repair of the Property. If Lender elects to apply the procaeds to restoration and
<br />repair, Trustor shall repair or replace the damag�:d or destroye�l Improvoments in a rnanner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburse Trustnr from the proceeds for the reasonable cost of repair or restbration if
<br />Trustor is not in default under this Deed of Trust. /�ny proceeds which have not been disbursed within 1 Sp days after their receipt
<br />and which Lender has not cvmmitted to the repair or restoration of the Property shall 6e used first to pay any amount nwing to Lender
<br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to th� principal balance of the
<br />Indebtedness. Ii Lender holds any proceeds after payment in full of the Indebtednass, such proceeds shall be paid to Trustor as
<br />Trustar's interests may appear.
<br />LENDER'S EXPENDITURES. If Trustar fails (A) to keep the Properry free of all taxes, liens, security interests, encumbrances, and other
<br />claims, (B) to provide any required insurance on the Property, or (G1 to make repairs tv the Property then Lender may do so. If any
<br />action or proceeding is commenced that would materially aYfect Lender's interests in the Property, then Lendar on Trustor's behalf may,
<br />but is not required to, take any action that Lender believes to bP appropriete to prvtect Lender's interests. All expenses incurr'ed ar paid by
<br />Lender for such purposes will then bear interest at the rate aharged under the Gredit Agreement from the date incurred or paid 6y Lender to
<br />the date of repayment �y Trustor. All such expenses will become a part nf the Indebtedness and, at Lender's option, will (A) be payable
<br />on demand; (6) be added to the balance of the Gredit Agreement and be apportioned among and be payable with eny instaliment
<br />payments to becoma due during either (1) the term of any applicable insurance policy; or (7_) the remaining term of the Credit
<br />Agreement; or (G) be treated as a balloon peyment which will be due and payable at the Credit Agreement's maturity. The Deed of Trust
<br />also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition tv any other rights or any
<br />remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the
<br />default so as to ber Lender from any remedy that it otherwise would have had.
<br />WARRANTY; DEFENSE OF TITLE. The following provisi�ns relating to ownership of the Property are a part af this Deed of 7rust:
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