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o�EO o� TRUSr 2 O 10 4 S 14 7
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<br />and (b) any such activity shall be conducted in complisnce with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender end its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's axpense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made hy Lender shall be for Lender's purposes nnly and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or ta any other psrson. The representations and
<br />warrantiss contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. 7rustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustar becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hald harmless Lender against any and all
<br />claims, losses, liabilities, damages, pena�ties, and expenses which Lender may directly or indirectly sustain or suffer resulting frnm a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened retease occurring prior to Trus#or's ownership or interest in the Property, whether or not the sama was or should have
<br />been known to Trustor. The provisions of this �ct�n�# �� ,�ed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indehtedness and ath s ti a� i ri d reconveyance of the lian 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 nat ceuse, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, 7rustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish ar remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Impravements, Lender may requirs Trustor to make arrangements satisfactary
<br />to Lender to replaca such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upan the Real Property at all reasonabla times to
<br />attend to Lender's interests and to inspect the Rea) Prpperty for purposes of Trustar's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustar shall promptly comply with all laws, ordinances, and regulativns, npw or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With �isabilities Act. Trustor may contest in good faith any such law, ordinance, or 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, Lender's interests in the Prbperty are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonab�y satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. 7rustar agrees neither to abandan or leave unattended 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 />DUE ON SALE - CONSENT BY LENDER. Lender may; at Lender's option, declare immediately due and payable all sums secured by this
<br />Dsed of 7rust upon the sale or transfer, without Lender's priar written consent, of all or any part of the Real Property, or any interest in the
<br />Fieal Property. A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Prpperty; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br />for deed, leasshpld interest with a term greater than three (3) 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 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 tn the taxes and liens on the Property are part of this Deed of 7rust:
<br />Payment. 7rustor shall pay when due (and in all events prior to delinquency) all taxes, special taxss, 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 vr material furnished to the Property. Trustor shall maintain the Property free of all liens having priarity
<br />over or equal to the interest of Lender under this Daed of 7rust, except for the lien of taxes and assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor mey withhold payment of any tax, assessment, or claim in cannection with a good faith dispute over the
<br />obligation to psy, so long 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 />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond ar
<br />other security satistactory 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 toreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment bafore enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
<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 Constructian. 7rustor 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 upan request of Lender furnish to Lender advance assurances satisfactory ta
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a par# of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standerd 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 avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor 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 />insurence, including but not limited to hazard, business interruption, and bailer insurance, es Lender may reasonably rsquire. Policies
<br />shall be written in form, amounts, coverages and basis reasonahly acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificstes
<br />of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished withaut 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, omission or default of Trustar or eny other person. Should the Raal
<br />Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard
<br />area, 7rustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lendar that
<br />the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the
<br />property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required
<br />by Lender, and to maintain such insurance for the term of the Ioan.
<br />Application of Proceads. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
<br />if Trustor fails ta dn so within fifteen (15) days of the casualty. Whather 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 pf the Indebtedness, payment of
<br />any lien affecting the Property, or the restoratian and repair of the Property. If Lender elects to apply the pracaeds to restoration and
<br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactnry proof of such expenditure, pay or reimburse Trustor from the proceeds for tha reasonahle cost of repair or restoration if
<br />Trustor is not in default under this Deed of Trust. Any proceeds which have nat 6een disbursed within 180 days after their receipt
<br />and which Lender hss not committed to the repair.or restoration of the Praperty shall be used first to pay any amount owing to Lender
<br />under this Deed of Trust, then to pay eccrued interest, 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 of the Indebtedness, such praceeds shall be paid to Trustor as
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