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DEED OF TRUST � D i� p,g �� 5
<br />(Continued) Page 2
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indehtedness snd the estistection ar�d recpnveyence of the lien of this Deed of Trust snd shall nnt be
<br />affected by l.ender's acquisition of sny intsrest irr the P.'roperty, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not ceuse, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property ar any portion of the Property. Without limiting the genarality nf the foregoing, Trustor will not ramove, or grant ta
<br />any other party the right ta remove, any timber, 'minerals (including oil and gasl, coal, clay, scoria, soil, gravel nr rnck products
<br />withaut Lender's prior written consent.
<br />Removal of Improvaments. Trustor shall not demolish or remove any Imprpvements frpm the Resl Prpperty without Lender's pripr
<br />written consent. As a condition to the removal qf eny Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to L.ender ta replace such Improvements with (mprovementa of at least equal value.
<br />Lender's Right to Enter. l.ender and.L"'e��s",�����a���r�sentatives may enter upon the Real F'roperty at all reesonable times to
<br />attend to Lender's interests and to it��pF�c �tl�e� a p ty'fpr purposea of Trustor's complisnce with the terms and conditions of
<br />this Deed of Trust.
<br />Complience with Gavernmental Requireme�s. Trustor ehsll promptly cnmply with all laws, ordinances, end regulationa, now or
<br />,. , heresfter in••,effect, of all gov ernment�b authorities ; aPplica�le ,ta the use or a�c ancy of t,he, �roparty,,,including withowt limitation, ths
<br />Americans Wlt�i�blsabilities �at: '�rtlgtor mgy"c'"ontest in goo��#aitfi �any�suc� faw, ordinance, of regulation and withho�d�cumplisnce
<br />during any proceeding, including approprfate appeals; so long as Tru�tor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trus#ar to post adequate securiry
<br />or a surety bond, reasonably satisfactory to l.ender, to protect Lender's interest.
<br />Duty tn Protect. Trustor agrees neither to abandon or leave unsttended the Prpper#y. Trustor shall dn all other acts, in addition ta
<br />those acts set forth abave 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 eY LENDER. Lender may; at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upon the sale pr transfer, without Lender's prior written consent, of all nr any part of the Reai Property, ar any interest in the
<br />Real Prvperty. A"sale or transfer" means the conveyence nf Cieel Property ar any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitabls; whether voluntsry or involuntary; whether by outright sale, deed, installment sale contract, land contract, cantrant
<br />fiar deed, leasehold interest with a term greater than three (3) years, leasa-option contract, or by sele, assignment, or transfer of any
<br />beneticial Interest in or to any land trust holding title to the Real Property, or by any oCN'er method of conveyance of an interest in the Real
<br />Praperty. However, this option ahall not 6e exerci§ed by Lender if such exercise is piohibited by federal law or by Nebraska law.
<br />TAXES ANb LIENS. The foilowing provisions relating to the taxee and liens on the Property are part ot this Deed of Trust:
<br />Payment. Trustor shall pey when due (and in all events prior ta dalinquency) all tsxes, specisl taxes, sssessmsnts, chargss (including
<br />wster end sewer�, fines and impositions levied agsinst 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 Praperty. Trustor shall maintain the Praperty fres of BII liens having priprity
<br />over or equal to the interest of Lender under this Daed af Truat, except fpr the lien of taxes and assegsments not due and except as
<br />otherwise provided in this D�ed of Trust.
<br />Righ# to Contest. Trustor may withhold payment of any tax, assessment, nr claim in connection with a good faith dispute over the
<br />o6ligation 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 (15'1,days after the IiBn arises or, if a lien is filed, within fifteen (16) days after Trustor has notice of the
<br />filing, secure the discharge af the lisn, or if requested 6y Lender, deposit with Lender cash or a sufficient corparate surety bond or
<br />other security sstisfactory to Lender in an amount sufficient to discharge the Hen plus any costs and attorneys' fees, or other charges
<br />that couid accrue as a result of a foreclosure ar sale under the lien. In any contest, Trustor shell defend itself and Lander and shall
<br />,,: ••aeti$fy At'ty ad�r�se jwdgma�bs�ene�wl+�ns�rM� �agerina�t��hg�yPreE4ewe��. Trna"ectir��Me4F nemlb"�t:°:s�'*em:�rlrHtlortei:ttibTY� ti�Ei�R "�r��
<br />surety band furnished in the contest proceedings.
<br />Evidance of Payment. Trustar shall upon damand furnish to Lender satisfactory evidence of payment of the taxes ar assessments end
<br />shall authorize tha sppropriate governmenta) official to deliver to Lender at any time a written statement of the taxes and assessments
<br />agaiMSt the Property.
<br />Notice of Construction. Trustor shell notify Lender at least fifteen (15) dsys before sny work is commenced, eny services are
<br />furnished, or any materials are supplied to the Prbperty, if any mechanic's lien, materialmen's lien, or other lien could be assertad on
<br />account of The work, services, or meterials. Trustor will upon request nf Lendsr furnish to Lender advance assurances satisfactory to
<br />Lender that 7rustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAG� INSURANCE. 71ie foilowing provisions relating to insuring the Property �re a part of this Deed of Trust.
<br />Meintenance of Insurance. Trustor shall procure and maintsin pa.licies of fire insurance with standerd extsnded cbverage
<br />endarssments on a replacement basis far tha full' insurable value coyering all Improvements on the Real Praperty in an ampunt
<br />sufficient to evoid application of'any Coinsurance'cl�use, and wi�h a standard mortgsgee clsuse in tavor af Lender. 7rustor shsll also
<br />procure and maintain camprehensive general liability insurence in such caverage amounts as Lender may request with TrustAe and
<br />Lender being named as additional insureds in such liebility insurence policias. Additionally, Trustor shall maintain such other
<br />insurance, including but not timited to hezard, business interruption, and boiler inaurance, as Lender mey reasnnsbly require. Policies
<br />shall be written in form, amounts, caverages snd 6asis reesonably acceptable to Lender and issued by a company or campanies
<br />reasonebly ecceptable to Lender. Trustar, upon request af Lender, will deliver ta Lender from time to time the policies or certificates
<br />ot insurance in farm satisfactory to Lender, inpluding stipulations that coverages will nat be cancellad pr diminished withnut at least
<br />thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement prpviding that coverage in
<br />favor of Lender will not be impaired in any way by any act, omission or dsfault of 7rustor or any other person. 5hould the Real
<br />Property be lacated in an area designated by ths Director of the Federal Emergency Management Agency ss a apecial flood hazard
<br />area, Trustor agrses to obtain and maintain Faderal Flond Insurance, if avaiisble, for the full unpaid principal belance of the loan and
<br />any prior liens on the prpperty securing the loan, up to the maximum pplicy limits aet under the National Flood Insurance Program, pr
<br />as btherwise required by Lender, and to maintain such insursnce for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
<br />if Trustor fails ta do so within fifteen (15) d8y8 of the casualty. Whether pr not Lender's securiYy'is impeired, Lender may, at Lender's
<br />electian, receive and retain the proceeds of any insurance and apply the proceeds to the reducYion of the Indebtednass, payment of
<br />any Iien affecting the Property, or the restoratian 8nd repeir of the Property. If Lender elects to apply the proceeds to restoration and
<br />repair, 7rustor shall repair or replace the damaged or dsstroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactary proof of such expenditure, pay or refmburse Trustor from the proceeds for the reasonable cnst of repair or restor�tinn if
<br />Trustnr is not in default under this Deed of Trust. Any procseds which have not besn disbursed within 180 days aftar theiF receipt
<br />and which Lender has not committed to the repair or restoration af the Property shdll be used first ta pay any amaunt owing to Lender
<br />under this Deed of Trusx, then to pay accrued inierest, and the remainder, if any, shall be applied to the principal balance of the
<br />Indebtsdness. If Lender hofds any proceeds after payment in futt of the Indebtedness, such proceeds shall be paid ta Trustor as
<br />Trustor's interests may sppear.
<br />Trustor's Repart an Insurance. Upon request of Lender, however not mare then once a year, Trustor shall furnish tq Lender a report
<br />on each existing policy oF insurence sMowing: (1) the neme of the insurer; (2) the risks insured; (3) the amount of the policy; (4)
<br />the property insured, the then curren# r�placement`v,alue of such property, and the manner of determining thet value; and (5) the
<br />expirstion date of the policy. Trustor shall, upon request of Lender, hsve an independent eppraiser:satisfactory to Lender determine
<br />the aash value replacement cost of the Property. ,
<br />LE�IDEC�'S EXP�N�ItURES. If sny action or proceeding is'commenced that would materielly affect Lender's interest in tha Property or if
<br />Trustbr f�ils to comply with any provision of this D�ed; of Trus# ar sny Related bocum�nts, including but not limited to Trustor's failure to
<br />discharg� or pay when due eny amounts Trustor is required to'dlscharge ar pay Urlder this Deed of Trust or any Related Documents, Lender
<br />on Trustor's behalf may (but shell not be obllgAfed to) teke any action that Lender deems appropriate, including but not limited to
<br />discharging or paying all taxes, liens, security interes'CS, encumbrances and other claims, at any time levied or placed on the Property and
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