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Loan Na: 810p84
<br />DE�D OF TRUST
<br />(Continued) `Z � i 0 O 8 O S� Page 2
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste bn
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trus#ar will not remove, or grant to
<br />any other perty the right to remova, 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 shatl not demolish or remave any Improvements from the Real Property without Lender's prior
<br />written cpnsent. As a condition to the removal of any Improvements, Lender may require Trustar to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Praperty for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. 7rustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in etfect, of all gnvernmental authorities applicable to the use or nccupancy of the f'roperty, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, nr regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lander's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety 6ond, reasonably satisfactory to Lender, to protect Lender's in#erest.
<br />Duty to Protect. Trustor agrees neither ta abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those acts set forth above in this saction, which from the cheracter and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />DUE QN SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable 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 of the Real Property, or any interest in the
<br />Real Property. A"sale or transfer" means the conveyance of Real Property or any right, title ar interest in the Real Property; whether legal,
<br />beneficial vr equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by ssle, assignment, or transfer of any
<br />beneficial interest in or to any land trust holding title to the Real 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 law.
<br />TAXES AND LIENS. The following provisions relating [o the taxes snd liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer►, 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 to the Property. Trustor shall maintain the Prvperty free of all liens having priority
<br />over or equal to the interest of Lender under this peed of Trust, except for the lien of taxes and assessments not due and axcept as
<br />otherwise pravided in this Dead af Trust.
<br />Right to Cnntest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligetipn to pay, so Iong as Lender's interest in the Prnperty 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 />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash br a sufficisnt corporate surety bond or
<br />other security satisfectory 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 end shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest procesdings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the sppropriate governmantal official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the F'roperty.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days befora any work is commenced, any services are
<br />furnished, or any materials are supplied to the f'roperty, if any mechanic's lien, matarialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Trustnr 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 />pROPERTY DAMAGE INSURANCE. 7he following pravisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies vf fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable velue covering all Improvements on the Real Property in an amount
<br />sufficient to avoid applicstion of any coinsurance clause, and with a standard martgagee clause in favar of Lender. 7rustnr shall also
<br />procure and maintain comprehensive general liability insurance in such coveraga amounts as Lander may request with Trustee and
<br />Lender being nsmed as additional insureds in such liability insurance policies. Additionelly, Trustar shall maintain such other
<br />insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender msy reasonably require. Policies
<br />shall be written in form, emounts, cpverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustnr, 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) deys prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor
<br />of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be
<br />located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor
<br />agrees to obtain and maintain Federal Flpod Insurance, if available, for the full unpaid principal balance of the loan and any prior liens
<br />on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as vtherwise
<br />required by Lender, and to maintain such insurance for the term of the Ioan.
<br />Applicativn of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Prpperty. Lender may make proof of loss
<br />if Trustor 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 />election, receive and retain tha proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of
<br />any lien affecting the Property, or the rastoration and repair of the Property. If Lendar elects to apply the proceeds to restoration and
<br />repair, Trustor shall repair or replace the damaged nr destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonabte 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 1 SO days after 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 Deed of Trust, then to pay accrued interes#, and the remainder, if any, shall be applied to the principal balance of the
<br />Indebtedness. If Lender holds any proceeds after payment in full nf the Indebtedness, such proceeds shall be paid to Trustor as
<br />Trustor's interests may appear.
<br />Trustor's Report on Insurance. Upon requast of Lender, however not more than once a year, Trustor shall furnish to Lender a report
<br />on each existing poliny of insurance showing: (1) the name of the insurer, (2) the risks insurad; (31 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 15) the
<br />expiration data of the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine
<br />the cash ualue replacement cost of the Property.
<br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Prvperty or if
<br />Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failura tn
<br />discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender
<br />on 7rustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to
<br />discharging or paying all taxas, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and
<br />paying all costs for insuring, maintaining and presarving ths Property. All such expenditures incurred or paid by Lender for such purposes
<br />will then bear interest at tha rate charged under the Note from the date incurred or paid by Lender to the date of repayment by 7rustor. All
<br />such expenses will become a part of the Indebtedness snd, at Lender's option, will (A) be payable on demand; (B) be added to tha
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