DEED OF TRUST
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<br />Nuisance, Waste. Trustor shall nat cause, conducY 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, Trustor will not remove, or grant to
<br />any other party the right to remov9, 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 shail not demolish or remove any Improvements from the Real Property withvut Lender's prior
<br />written consent. As a condition to the removal af any Improvements, Lender may require 1'rustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right ta 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 tn inspect the Real Property for purposes of 1"rustor's compliance with the terms and conditions of
<br />this Deed of 7rust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental �uthprities applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinian, Lender's Interests in the Property are
<br />not jeapardized. Lender may require Trustor to post adequate sacurity or a surety bond, reasonably satisfactory to l.�nder, to protect
<br />Lenders interest.
<br />puty tv Protect. Trustor agrees neither to abandon 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 Prpperty.
<br />DUE ON SALE - CONSEN7 BY LENDER. Lender may, at Lenders option, declara immediately due and payable all sums secured by this
<br />Deed of Trust upon the sale or transfer, withput 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 or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary vr involuntary; whether by outright sale, deed, installment sa�e contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, 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 />TAX�S AND LIENS. The fpllpwing provisions relating to the taxes and liens on the Prpperty are part of this Deed of Trust:
<br />Payment. 7rustor shall pay when due (and in all events prior ta 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 alt claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor shall maintsin the Property free of all liens having priority
<br />aver or equal tn the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the
<br />Existing Indebtedness referred to below, and except as otherwise provided in this Deed of 7rust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with 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 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 sufticient corporate surety bpnd ar
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attomeys' 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 itseif and Lender and 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 proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactary evidence of payment of the taxes or assessments and
<br />shall authorixe the appropriate gavernmental official io deliver to Lender at any time a written sta4ement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor 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 cauld be asserted on
<br />account of the work, services, or materials. Trustor 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. The following provisions relating to insuring the Property are e part of this Deed of Trust.
<br />Maintenance af Insurance. 7rustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a fair value basis for the full insurahle value covering all Improvements on the Real Property in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, tpgether with such other
<br />hazard and liability insurence as Lender may reasonably require. Policies shall 6e written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certificates �f Insurance in form satisfactory to Lender, including
<br />stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
<br />act, omission or default of Trustor or any other person. Should the Raal Property be located in an area designated by the Director of
<br />the Federal Emergency Management Agency as a special flood hazard area, 7rustor sgrees to obtain and maintain Federal Flood
<br />Insurance, if available, for the maximum amount of Trustor's credit line and the full unpa(d principal balance of 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 loan.
<br />Application of Proceeds. 7rustor shall promptly notify Lender of any Ioss ar damage to the Property. Lender may make prvof af 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 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 restoration and repair of the Property. If Lender elects ta apply the proceeds 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 />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost qf repair or restoration if
<br />Trustor is not in default under this Deed af Trust. Any proceeds which have not been disbursad within 180 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 7rust, then to pay accrued interest, and the remaindar, if any, shall be applied to the principai balsnce of the
<br />Indebtedness. If Lender holds any proceeds after payment in full af the Indebtedness, such proceeds shall be paid ta Trustpr as
<br />7rustor's interests may appear.
<br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in affect, compliance
<br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the
<br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust wquld constitute a
<br />duplication pf insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust
<br />for division of proceeds shall apply only to that portion of the proceeds not payable tp the holder of the Existing Indebtedness.
<br />LENDER'S EXPENDITURES. If 7rustor fails (A) to keep the Property free �f all taxes, liens, security interests, encumbrances, and other
<br />claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to
<br />maintain Existing Indebtedness in goqd stsnding as required below, then Lender may do so. If any action or proceeding is commenced that
<br />would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that
<br />Lender believes to be appropriate to protect Lender's interests. All expenses incurred ar paid by Lender for such purposes will than bear
<br />interest at the rata charged under the Credit Agreement 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 Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be sdded to the
<br />balance of tha Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (1)
<br />the term of any applicable insurance policy; ar (2) the remaining term of the Credit Agreement; or (C) be treated ss a balloon payment
<br />which will be due and payable at the Credit AgreemenYs maturity. The beed of Trust also will secure payment of these amounts. The
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