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DEED OF TRUST ♦ c � ^
<br />Loan No: 810088 (Cont111ued) 2 � 1 0 � O 4 1 aI F'age 2
<br />warranties contained herain are based on Trustor's dus diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or con[ribution in the event Trustor becomes 1ia61e fnr
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indiractly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence af any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to 7rustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed nf Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by fvreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, 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, Trustar will not remove, or grant to
<br />any oth�zr party the right to remove, any tim�er, minerals (including oil and gas), cnal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent,
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real f'roperty without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right ta Entew. Lender and Lender's agents and representatives may anter upon the Real Property at all reasonable times tv
<br />attend to Lender's interests and to inspect the Real Prnperty for purposes of Trustor's compliance with the terms and conditions af
<br />this Deed of Trust.
<br />Complisnce with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and reguletions, now or
<br />hereaftar in effect, at all governmental authorities applic�ble to the use or occupancy of the Prnperty, including without limitation, the
<br />Americans With pisebilities 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 Property are not jeopardized. Lender may require Trus#ar to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Pratect. 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 Proparty are reasonably necessary to protect and
<br />preserve the Property.
<br />Construction Loan. If some or all of the proceeds of the Iqan creating the Indebtedness are to be used to construct ar complete
<br />construction vf any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Nnte
<br />(or such earlier date as l.ender may reasonably establish) and Trustor shall pay in full all costs and expenses in connection with the
<br />work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that
<br />the interest created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen.
<br />Lender may require, among other things, that disbursement requests be supparted by receipted bills, expense affidavits, waivers of
<br />liens, construction progress reports, and such other documentation as Lender may reasonably request.
<br />DUE ON SALE - CONSENT 6Y LENDER. Lender may, at Lender's option, declare immediately due and paya6le all sums secured by this
<br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any intarest in the
<br />Real Property. A"sale or transfer" means the conveyance af Real Property or any right, title or interest in the Real Prnperty; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale cantract, land aontract, contract
<br />for deed, leasehold interest with a term greatsr than three (3) yaars, lease-nption cantract, or by sale, assignment, or transter of any
<br />6eneficial 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 l.ender if such exercise is prohibited by federal law or 6y Nebraska law.
<br />TAXES AND LIENS. The fvllowing provisions relating to the taxes and liens on the Property ere part of this Desd of Trust:
<br />Payment. Trustor shall pay when due (end in all avents prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water end sewer►, fines and impositians levied sgainst or on account of the Property, and shall pay when due all claims for work done
<br />on or fpr services rendered nr material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interast of Lender under this Deed of Trust, except for the tien of taxes and assessments not due, except for the
<br />Existing Indebtedness referred to belnw, and except as otherwise provided in this beed of Trust.
<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 pey, so Iong as Lender's interest in the Property is not jeapardized. If a lien arises or is filed as a result af 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 af the lien, or if requested by Lender, deposit with Lander cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any cnsts and attorneys' fees, or other charges
<br />that aauld accrue as a rasult of a foreclosurs or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name I�ender as an additionsl obligee under any
<br />surety bond fumished in the cantest proceedings.
<br />Evidence of Payment. 7rustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the 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 Constructinn. Trustnr shall notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />furnished, or any msterials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the wvrk, 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 Prnperty are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />andorsements on a replacement basis for the full insure6le 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 camprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
<br />Lender being named as additinnal insureds in such liability insurance policies. Additionally, 1"rustor shall maintain such other
<br />insurance, including but not limited to hazard, business interruption, and bailer insurance, as Lender may reasonably require. Policies
<br />shall be writtan in form, amounts, coverages and 6asis reasonably acceptable to Lender and issued by a company or companies
<br />reasanably acceptable to Lender. 7rustor, 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 ar diminished without at least
<br />ten (10) days prior written nqtice 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 ect, omission or default of Trustor or eny other person. Should the Real Proper#y be
<br />located in an area dasignated by the Director of the Federal Emergency Management Agency as a special flood hazard area, 7rustor
<br />agrees to obtain and maintain Federal �Iond 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 #he National Flood Insurance Program, or as otherwise
<br />required by Lender, and to maintain such insurance for the term of tha loan.
<br />Application af Procaeds. Trustor shall promptly notify Lender of any loss or damage #o the Property. Lender may make proof of loss
<br />if Trustor fsils to do so within fifteen (15) days of the casuatty. Whather or not Lender's sacurity 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 Indebtadness, payment of
<br />any lien sffecting the Property, or the restoration and repair of the Property. If Lender elects to 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 af such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if
<br />Trustor is not in default under this Deed of 7rust. Any proceeds which have not been disbursed within 180 days after their receipt
<br />and which Lender has not committed to the repair or restoration of the Prpperty shall be used first to pay any ampunt owing to Lender
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