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DEED O� TRUST 2 Q 1 � Q$ s� s
<br />(Continued) Page 2
<br />Nuisance, Waste. Trustar 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 ihe Praperty. Without limiting the generality of the foregoing, Trustor will noi remove, or grant to
<br />any other party the right to remove, any tim6er, minerals (including oil and gas►, coal, clay, scoria, soil, gravel pr rock products
<br />withnut Lender's prior written consent.
<br />Remaval of Impravements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrengements 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 entar upon the Real Property at all reasonaple times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Campliance with Governmental Requirements. Trustnr sha�l promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all gpvernmental authorities applica6le to the use or occupancy of tha Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinence, or regulation and withhold campliance
<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 Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory ta Lender, to protect Lender's inter�st.
<br />Duty to Protect. Trustor agrees neither to abandon or leava unattended the Property. Trustor shall dd all nther acts, in addition to
<br />those acts set forth above in this section, which from [he character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT SY LENbER. 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 ali or eny part of the Real Property, or any intarast 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 or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three 131 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 />Prpperty. Mowever, 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 provisians relating to the taxes and liens on the Property are par[ of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all avents prior to delinquency) all taxes, special taxes, assessments, chargas (including
<br />water and sewer►, fines and impositions levied against or on account af the Property, end shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor shatl maintain the Property fres of all liens having priority
<br />over or equal to the intersst of Lender under Ihis Deed of Trust, excepS for She lien of taxes and assessmenis not due and except as
<br />otherwise provided in this Deed af Trust.
<br />Right ta Contest. Trustor may withho�d payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligatinn 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 aiter the lien arises or, if a lien is filed, within fifkaen (15) days after Trustor has notice af the
<br />filing, secure the discharge of the lien, or if requested by Lender, depasi# with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory tn 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, 7rustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment 6efore enforcement against the Property. 7rustor 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 satisfectory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmentel official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Natice of Construction. Trustar 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 upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost nf such improvements.
<br />PRbPER1'Y aAMAGE INSURANCE. The foltowing provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurence with standard extended cnverage
<br />endorsements on a replacement 6asis for the full insurable value covering all Improvements on the Real Property in an amount
<br />sufficient ta avoid application of any coinsurance clause, and with a standard mortgagee clause in tavor of Lender. Trustor shall also
<br />pracure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustea and
<br />Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shatl 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, amounts, coverages and basis reasonabty acceptable to Lender and issued by a company or companias
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender trom time to time the policies or certificates
<br />of insurance in form satisfactory to Lendar, including stipulations that coverages will not be cancelled ar diminished without 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 Trustor or any other person. Should the Real
<br />Property be located in an area designated by the Director of the Federal Emergency Managament Agency as a special flood hazard
<br />area, Trustor agrees to obtain and maintain Federal Flood Insurance, if availabla, within 45 days after notice is given by Lender that
<br />the Property is located in a special flood hazsrd 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 Netional Flood tnsurance Program, or as otherwise required
<br />by Lender, and to maintain such insurance for the term of the loan.
<br />Application of Procseds. Trustor shall promptly notify Lender of any loss or damage to the Property. 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 the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment nf
<br />any lien affecting 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 of such expenditure, pay or reimburse 7rustor from the proceeds fnr the reasonable cost of repair or restoretion if
<br />Trustor is not in defautt under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt
<br />and which Lender has not committed to the repair or restora#ion of the Property shall be used first tn pay any amount owing to Lender
<br />under this beed of Trust, then to pay accrued 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 proceeds shall be psid to Trustor es
<br />Trustor's interests may appear.
<br />Trustor's Repart an Insurence. Upon request of Lender, however not more than nnce a year, Trustor shall furnish to Lender a report
<br />on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (�+)
<br />the property insured, the [hen current replacement value of such property, and the mannar of determining that value; and (5) the
<br />expiration date of the policy. l"rustor shall, upon request of Lender, have an independent eppraiser satisfactory to Lender determine
<br />the cash value replacemant cost of the Property.
<br />LENDER'S EXPENDITURES. ►f any ection or proceeding is commenced that would materially affect Lender's interest in the Property or it
<br />Trustor fails to comply with any provision of this Deed of Trust or eny Related Documents, including but not limited to Trustar's failure to
<br />discharge or pay when dus any amoun[s Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender
<br />on Trustor's behalf may (but shall not be a�ligated to) take any action that Lender deems appropriate, including but not limited to
<br />discharging or paying all taxes, 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 preserving the Property. All such expenditures incurred or paid by Lender far such purposes
<br />will then bear interest at the rate charged under the Note from the da[e incurred or paid by Lender to the date of repayment by Trustor. All
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