__. _
<br />pEED OF TRUST
<br />(Continued)
<br />2oiooss3�
<br />Page 2
<br />Nuisanee, Waste. Trilstor shall not cause;`dd�iduct'or'�iermit any nuisance nor co'n`irnit; permit, or suffer any stripping of or waste on
<br />or tn th�'Prdperty d} any po'rtion pf th� P�'op'�'ttiy Withbut limiting {I�e �j�n�raiity of''th� ior�going, T�ustor will not remove, nr grant to
<br />any othe� party tlie'Ylglit to"ram'ove, ahy tirriber,"Miner�'Ia lihciuding;;oil arid gas),'coal clay; ��nrie, soii, grav�l or rock products
<br />without Lender's prior written consent. ' "
<br />Remdval df Improvemsnts. TFustor shall not demdiish' or'reihiove eny lmp�b'vements' from`the Real Property witNout Lender's prior
<br />written ennsent. As s condition ta the rem,oval, pf any Improvemente, I.endgr may require.Trustor to make arrangemsnts satisfactory
<br />to Lender to replace such Improvements with Impro�ements of at least equal valus. .
<br />Lender's Fiight to �ntar. Lender and Lsnder's agen{s and tepresentatives mey enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's campiiance with the terms and conditions of
<br />this Deed of Trust.
<br />Compiiance with Governmental Requirements. Trustor shsll promptly comply with all laws, ordinances, and regulations, now or
<br />hereaiter in effect, of all governmenial authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. 7rustor may contest in good faith any such law, ordinance, or regulstion and withhold cnmpiiance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified l.ender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lendar's interests in the Praperty are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety 6ond, reasonably sstisfactory to Lender, to prote.ct Lender's interest. �.
<br />Duty to Protect. Trustor agrees neither to abendon or leave unattended the ProperYy. Yrustor shali do ell other acts, in sddition tn
<br />thase acts set fprth above In this sectio�, which from the character and use of the ProperCy are ressonably necessary to prvtect end
<br />preserve the Praperty.
<br />�UE ON SAL� - CONSENT eY LEN�ER. Lender may, at Lender's option, declare immediately due and peya6le all sums secured 6y this
<br />Peed of Trust upvn the sele or transfer, without 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 #ransfer" means the conveyance nf ReAI Property nr any right, title or interest in the Real I'roperty; whether legal,
<br />beneficial or equitsbie; whether voluntary or invnluntary; whether by outright sele, deed, instellment sale cnntract, land contract, cantract
<br />far deed, leasehold interest with a term graater than three (�) years, leese-aption cantract, or by sals, essignment, or transfer pf any
<br />beneficial interest in or to any land trust holding titie to the Reai Property, or by any ather 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 ar by Nebraska law.
<br />7AXES AND LIENS. The following provisions relating to the taxes and liens on the Property'ere'part of this Deed of Trust:
<br />Pay�ment.' Tr�stnr shall pay when due (an� all eyen'ts priq� to delinquer�cY1' all tak6s, special, tax�s, asse�sments, charges.lincluding
<br />water.' and'sewer'�; �inas and ijnpasi'tions �ley�ed eg�in§t'or ori �ccou'nt of th�'I'roperty,'`�nd s�all pay wHen due all claims fo'r'work done
<br />on or for services, rend�red or material. furnishetl' to the Property. 7ruatar shall . maintein the; Prbperty�free` of all liens having priority
<br />over or equal to'the interest df Lehder und'er this beefi df Trust, except fo'f'the lien nf taxes and esses'smants not due snd except as
<br />otherwise provided in this Deed of Trust. '
<br />Righ# ta Contest. 7rustor may withhold payment of any tax, essessment, or cleim in connection with a good faith dispute over the
<br />obligation to pey, so Iong as Lender's interest in tha Property is not jenpardized. If a lien arises or is filed as a result of nonpeyment,
<br />7rustor shall within fifteen (15) days pfter the lien arises or, if a lien is filed, wiYhin fifteen (15) days efter Trustor has notice of the
<br />filing, secure the discherge of tha lien, or if requested by Lender, deposit with Lender cash or a sufficient corparate surety bond or
<br />nther security setisfactory to Lender in an amount sufficient to discharge the lien plus eny costs and �ttorneys' fees, or othsr charges
<br />that could eccrue as a rasult of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself snd Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall nams Lender as en additional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />�vidence of Payment. 7rustor shail upon demand furnish to �ender satisfactory evidence of paymsnt of the taxes or asse'ssments and
<br />shall 8uthoriz� fhe epprdpriat8 governmente) official to deliver to L�ndet 8t any time e written statement of the tsxes and essessmenCs
<br />against the Property.
<br />Notice of Construction. Trustor shali notify Lander at least fifteen (15) dsys before sny work is commenced, eny services are
<br />furnishad, or any materials are supplied to the Property, if any mechanic's lian, materialmen's lien, or other lien could bs asserted on
<br />account of the work, services, nr meterials. Trustor will upon request of Lender furnish to Lender edvance assurances satisfactory to
<br />Lender that Trustor can and will pey the cost of such improvements.
<br />PROPEti7Y DAMAG� INSURANC�. The following provisions relating ta insuring the Property are a pert of this beed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintsin policies of fire insurance with standard ex#ended coverege
<br />endorsements on a fair value besis for the full insurable velue covaring ell Improvements on the; Real Property in an amount sufficient
<br />to avoid epplicatian af any cainsurance cl�use, and with e standard mortgagee cleuse in favor of Lender. Trustor sh�ll slso procure
<br />end maintain comprehensive ,general liability insure�nce in such coverage amounts as� �.ender may request with Trustee and Lender
<br />being named as additional insureds in suc,h liability insurance pplicies, , Additionally, Trustor' Shall maintain ,such other . insurance,
<br />including but not, limited to hazard, business inte��uption, and bo�ler ins,ursnce as Lendef iney reasonably 'require. Poli.cles shell be
<br />written in form, amounts, cqverages and besis reasonsbly accepta6le to Lender ancl' issued by a company or coPhpanies reasonebly
<br />acceptable to Lender. Trustor, upon request of Lende.r, will deliver to Lender from time to tirrie the palicies or certifi'cates of ingurence
<br />in form satisfactory tn Lender, including stipulations that coverages will not be cancelled or diminished without at laast thirty (30)
<br />days prior wri#ten notice to Lender. Each insurance, policy also shall include an endorsement providing that coverage in fevor of
<br />�.ender will not be impaired in any way �y eny act, omissinn or default of Trustor or any other person. Shbwld the Real Property be
<br />located in an area designated by the Director pf the Federal Emergency Management Agency ss a special flood hazard erea, Trustor
<br />agrees to obtain and maintain Federal Fload Insurance, if available, for the full unpeid principal 6alence of the Ioan and any prior liens
<br />an the proper4y securing the loan, up to the maximum policy limits set under the Netional Flood Insurance Prngram, or es otherwise
<br />required by Lender, and to maintain such insurence for the term of the loan.
<br />Applicetion of F'roceeds. Trustdr shall promptly notify Lender of any loss or damage to the Property. Lender may meke proof of Ioss
<br />if Trustpr fails to do so within fifteen (151 days of the casualty. Whether or not Lender's security is impaired, Lender may, et Lender's
<br />election, receive and retain the proceeds of any insurence and apply the pracseds to the reduction af the Indebtedness, peyment of
<br />any lien affecking the Property, or the restoration and repair of the Property. If Lender elecYs to apply the proceeds to restor�tian and
<br />repair, 7rustnr shall repair ar repiace the damaged or destroyed Improvements in a menner sa#isfeotory to Lender. Lender shall, upon
<br />satisfectory proof of such axpenditure, poy or reimburse Trustor from the proceeds for the reasonable cost af repsir� or restoration if
<br />Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 1 SO deys after their receipt
<br />end which Lender hss not committed to the repair or restoration of the Property shall be used first tn pey any amnunt owing to Lender
<br />under this Deed of Trust, then to pay accrued interest, and the remainder, , if any, shall be epplied to the principal belance of the
<br />Indebtedness. If Lender holds any proceeds after paymsnt fn full of the Indebtsdness, such proceeds shall be paid to 7rustor as
<br />7rustor's interests may appear.
<br />Truator's Report nn Insurance. Upan request of Lender, howaver not more than ance a yaar, Trustor shall furnish to Lender a report
<br />on each existing policy vf insurance showing: (1) the name of the insurer; (2► the riska insured; (3) the amount of the policy; (4)
<br />the property insured, the then current replacement value ofi such property, and the manner of determining that value; and (5) the
<br />expiration date af the policy. Trustor shall, upon request of Lender, have an independent eppraiser satisfactory to Lender determine
<br />the cash value replacement cost of the Property.
<br />LENDER'S EXPEN.DI7UHE5. If,snY actior��pr procee��ing,l`s corrimenced'that would rriaterially effiect Le�der's inferest in the Property or if
<br />Trustor fails to comply With eny. provisi,pn of this. �eecl, of Trust,or sny Related Docu�ei�tis iriciuding b'ut'not Iimited tii firustor s failure to
<br />discharge on pay whan•due �ny amo,uptis Trustp is��equired to �i.scharg'0 0� q�y �Jnder t�iis Deed b� Trust'o�',any Related Db'CJmerit$� Lender
<br />on Trustor's pehel� may (but shall not k�e obligeted� `tb) teke "any �c�'ion tNst L�ni�er dser�is appropriate, incl�ltling liiif' nErt ii'mitad to
<br />discharging or paying all taxes, liens, security interests, encumbrances and other cieims, at any time levied or pieb�d o�t the' Property and
<br />paying all costs for-insuring, mainteining preser0ing the Property.,.All such expenditurQs inpurred or peid by Lander,for such purposes
<br />will than 6ear interest at ihe rate charged under the Note from the date incurr.ed nr peid by Lender to the date of rspaymant By Truatar. All
<br />such expenses will become a part nf the Indebtedness and, at Lender's option, wil) (A) be payetile on demarld; (B) be add�d to the
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