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D��D OF TRUST 2 o i o o s o s 7
<br />Laan Na: 808334 (Continued) Page 2
<br />hreach af this sec:tion of the �eed of Trust nr as a consequence of any use, generation, manufacture, sinra,ye, disposal, release or
<br />threatened release occurring prior t� Trustor's ownershin or interest in the Property, whether or nnt the s�me wa5 or should have
<br />been known to 1'rustor. The provisions of this section oi ti7P Deed of Trust, including th� obliqatinn tn indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfar.tion and reconveyance of the lien of this L)eed of 7rust and shall rrot be
<br />affected by Lender's acquisition of any ir�terest in tho Property, whelher by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, c�nduct or permit any nGiisar�cF nqr commit, permit, or suffer ariy stripping of or waste on
<br />or to the Property or any portion pf the Property. WittiouY limiting the genorality of tYie foreyoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any Yirnber, minerals (includiny oil ?nd gas), coal, clay, scoria, sc�il, gravel or rock produr.ts
<br />withaut Lender's prior written consent.
<br />Remaval qf Improvements. Trustor shall not demolish or remove any Improvemenfs irbm tlie Fieal Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvernents, Lender may require Trustor to m�ke arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to �nter. Lender �nd l.endPr's t�gents and representatives may enter upon the 17ea1 F'roperty �t 311 reasonahle times io
<br />attend to Lender's interesls and to inspect the Real Property iqr purpnses of Trustor COrT1pII0f1CP, with the terms and conditions of
<br />this beed of T'rust.
<br />Compliance wpth Governmental Fiequirements. Trustor shail prompUy camply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of t.he Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compliance duriny any proceeding, includiny appropriate appeals, so long as
<br />trustor has notified Lender in writinq prior to doinq so and so lon,y �s, in Lender's sole opinion, l.ender's interests in the Property are
<br />not jeopardized. Lender may require Trustor to post adequate sPCUrity or a surety b��nd, reason�biy satisfactory to I..ender, to protect
<br />Lender's interest.
<br />puty to Protect. Trustor agrees neither to abandon or leave unatt�nded tha Property, Trustar shall do all other aas, in addition to
<br />those acts set forth above in this ser.tinn, which from the char�cter and use of the ('roperty are reasonably ner.essary to prolect and
<br />pr�serve the Property.
<br />DUE ON SAI.� - CONSENT BY LENI]�R. Lender may, at Lender's optinn, declare imrnediately due and payable all sums secured by this
<br />Deed of Trust upvn the sale or transier, without Lender's prior written consent, of all or any part of the R�al Property, or any interest ir� the
<br />Real f'roperty. A"sale or transfer" means the conveyance of R?al i�roperty or any right, tide or interest in #he Real Property; whether leyal,
<br />beneficial or equiteble; whether voluntary or involuntary; whethnr by ouYright sale, deed, inst�llment sele contract, lan�:l contract:, contrar.t
<br />for deed, leasehold ir�terest with a term �reater than three (3� years, lease r.nritract, or by sale, assiyr�nient, or transfer of any
<br />beneficial interest in or to any land trust holciiny title to the Real Property, or hy any other rneYhnd pf r,onveyance of �n interest in the Real
<br />Property. However, this opti�ri shall not be pxercised by Lender if sur.h exercise is prohibited hy ted�r�l law or by Nebraska law.
<br />TAX�S AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust�
<br />Payment. Trustor shall pay wher7 d�ae (and in all evenl:s prir.�r lo delinquency) nll faxes, special t�xes, assessments, charyes (inr,li�dirig
<br />water and sewer�, fines and impositions levied ayair7st or on account of the Properry, and shall pay when due all claims fqr work donQ
<br />on or for services rendered or material furnished to the Property. "Crustor sh�ll maintain the Propercy fre� of all liens haviny priority
<br />over or equal to the interest of Lender under this Deed of Trust, except inr the lien of taxes and 25sessments not due, except for the
<br />Existing Indebtedness referred to below, and except es otherwise provid�d in this Ueed of Trust.
<br />Right ta Contast. Trustor may withhold paymer7t oF any tax, assessmenf, or r.laim in connecfion wili� a gond faith dispute over the
<br />obligation to pay, so long a5 Lender's interest in th� Propercy is not jeopardized. If a lien �rises or is filed as a result of nonpayrnent,
<br />Trus#or shall within fifteen (15) days after tt�e lien arises or, ii a lipn is (iled, within fifteer� (15) days aTt�r Trustor has notice of the
<br />filing, secure the discharge of the lien, or if r�quested by L.ender, d�posit with I.ender c�sh or a sufficient corporate surety bond or
<br />other sevuril.y safisfaetory tn Lrrndr:r in nn arriv�anl :+uHYCient-lo di�, th� fir�ri �.itus aryy cr�sts and nttarrieys' Fees, or odier oharges
<br />that could aecrue as a result of a foreclosurP or sele under fhe liPn. in any coniest, T'ruslor shall clefend itself a�,�i G.e�,cier and shall
<br />satisfy any adverse judgment before eniorcement egair7st the Property. 1'rustor shall name Lender as ar7 aciditional nhligee undc�r any
<br />surety bond furnished in the concest prpceedings.
<br />Evidence of Payment. Trustnr shall up<�n demand furnish to Lender satisfacloiy evidenr,e of payr7ienl. of thP tax�s or assessments �ncl
<br />shall authorize the appropriatP gov�rnmental official to deliver to Lender �t any time a writ.ten siar�*m�nt of the taxes and assessrnPrrts
<br />against the Property.
<br />Notice of Canstruction. Trustor shall notify Lend�r at least fifteen (15) days before any wnrl< is commenced, any seruices are
<br />fumished, or any materials are supplied tn the Property, if any r7iechanic's lien, materialmen's li�n, or other lien could be asserted on
<br />account of the work, services, or materials. T7ustor will upon request of Lender furnish Co Lender advance assurances salisfactory to
<br />Lender that 7rustor can and will pay the cost of such improvernents.
<br />PROPERTY DAMAGE INSUtiANCE. The followinfl provisipns relatinc� to insuring the F'roperty are � part of this C7eed of' Trust.
<br />Maintenance bf Insurance. "f'rustor SIIflII procure and �Tiaint�in policies of fire insurance with standard extencled coveraqe
<br />endorsements on a replacement basis for the f�ill insurable value r,overing all Irn�.7rovements on ihe I�e��l PropPrty in an amount
<br />sufficient to avaid application of �any coinsurance clause, ancl with a standard f71C)(LC�2gP.(: CI8U56 Ifl favor of Lender, together with such
<br />other hazard and liability insurance as Lender mfly reasanat�ly require. Policies shall he written irt form, amounts, �o�e��yes anc� r,as�s
<br />reasonably acceptable to Lender and i5sued by a cornnflny or conq.�anies reason�bly acceptable to Lender. 'i'ruscor, upon request of
<br />l.ender, will deliver to Lender frotn time to time the polir.ies vr certifir..ates of insurance in form satis(acfory tn Lender, includin�
<br />stipulations that coverages will not be cancelled or diminished wittiout af leasl ten (1Q) days prior wrikten notice to Lend?r. �ar.h
<br />insurance policy also shall include an endorsement providing I:M�at coverage in favor of Lender will not h� impaired in any way by any
<br />act, omissipn or default of Trustor or any other porson. Shnuld the Real Property be located in ar'i area designated by the Pirector of
<br />the FPderal Emeryency Mt�nagement Agency es a special flond hazerd arFa, Trustor �yrees to nbtt�in anci maintairi Fed�ral Flood
<br />Insurance, if available, far the full utypaid principal balanr,e qf the loan and any prior liens r�n the prope�ty securin,y lhe loan, up to the
<br />maximum pblicy limits set under thP National Floocl Insurance Progrnm, or as ptherwisc required t�y L�nder, and to mainlain such
<br />insurance far the term of the Ioan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any I�ss or damage to the Property. Lender may make proof of loss
<br />if Trustor fails to do so within fifteen (15) days of the casualty. Whefher or not Lender's securiky is inip�ired, Lender may, at Lender's
<br />election, receive and retain the proc:•e�ds of any insurance and npply the pror,eeds to the reduction of the Indel�tedness, payment of
<br />any lien affectiny the Property, or the restoration and repair of tli� Properly. If Lender elects fo apply the pro�;eeds lo restoration and
<br />repair, Trustor shall repair or rPplace the damflged or destroyed Improvem�nts in a rn�inner sr�tisfactory to Lrnder. Lender st�all, upon
<br />satisfactory proaf of such expenditure, pay or reimburse �rustnr ir�rn the proceeds tor the reasr�nahle r,ost of repair or restoration if
<br />Trustor is not in default under this Geed of Trust. Any proceeds whicli have rtot b�:en dishursed within 1 BO days a(ter their receipt
<br />and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender
<br />under this �eed of Trust, then to pay accrued irtterest, ancl the remainder, if any, shall be anplied to the principal balance of the
<br />Indebtedness. If Lender holds any procseds after paymer7t in full of the Indebtedness, such proceeds shall be psid to Trustor as
<br />7ruslor'5 interests may appear.
<br />Campliance with Existing Indebted�iess. During the period in whichi any �xisting Indel�tedness describFd below is ir� effect, compliance
<br />with the insurance provisions contained in the insTrument evidencing such Fxisting Inde6tedness sl»II constitule compliance with the
<br />insurance prpvisibns under this 1;7eed of Trust, to the oxtent compliance with the terms of thi5 Deed of Trust wvuld constitute a
<br />duplication of insurance requirement. If any proceeds from the insurence I�ecome payable on Inss, the prnvisions in this beed of Trust
<br />for division of proceeds shall apply only to that portion of the proceeds nvt payable to the holder of the Existing Indebtedness.
<br />LEMDER'S EXPENDITURES. If Trustor fails (�) to keep the Property Tr?e n( �II taxes, liens, security interests, encumbrences, and other
<br />claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Properly or to comnly with any obligatibn to
<br />maintain Existing Indebtedness in good standing as required below, then Lender iTi�y do so. If any action or prc�ceediny is r,ommenced th�t
<br />would rr�aterially affect Lender's interests in the Prvperty, Yhen Lr�nder on Trustor's behalf may, but is n�t required to, take any action that
<br />Lender believes to be sppropriate to protect l.ender's interests. All expenses incurred or paid by Lender for such purposes will then bear
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