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DEED OF TRUST 2 010 0 9 2 4�
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<br />any ather party the right to remove, any timber, minerals (including ail and gas►, coal, clay, scoria, soil, gravel or rpck products
<br />without Lender's prior written cansent.
<br />Removal of Improvaments. Trustor shall not demplish pr remove any Improvements from the Real Prpperty withou# Lsnder's prior
<br />written consent. As a condition [o the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to raplace such Improvements with Improvaments 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 reasonahle 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 Governmantal Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />heresfter in effect, af all governmental authorities applica6le to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold campliance
<br />during any proceeding, including appropriate appeals, so long as 7rustor has notified Lender in writing prior to doing so and so long ss,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
<br />ar a surety bond, reasonably satisfactary to Lender, to protect Lender's interest.
<br />Duty ta Protect. Trustor agrees neither to abandon or Isave unattended the Property. Trustor shall da all ather acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Property are reasanably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LEND@R. lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upan the sale 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 transfer" means the conveyance of Real Property or any right, title or interest in ihe Real Property; whether legal,
<br />beneficial or equitable; whather voluntary or involuntary; whether by outright sale, deed, instaltment sale 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 eny other method of canvayance of an interest in the Real
<br />Property. If any Trustor is a corpnration, partnership or limited liability company, transfer also includes any change in ownership of more
<br />than twenty-five percent (25°�) of the voting stock, partnership interests or limited liability campany interests, as the case may be, of such
<br />Trus[or. However, this option shall not be exercised by Lender if such exercise is prohibited hy federal law or by Nebraska law.
<br />TAXES AND LIENS. 7he following provisions relating to the taxes and liens on th'e Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior ta delinquency► all taxes, special taxes, assasaments, charges (including
<br />water and sewerl, fines and impositions levied against ar on account of the Proper[y, 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 Proparty free of all liens having priority
<br />over or equal to the interast of Lender under this Deed of 7rust, except for ihe lien of taxes and assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in cannection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeapardized. If a lien arises or is filed as a result of nanpayment,
<br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after 7rustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash ar a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />tha[ could accrue as a result of a foreclosurs or sale under the tien. In any contest, 7rustor shall defend i[self and Lender and shall
<br />sa[isfy any adv�rse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under eny
<br />sure#y bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustar shall upon demand furnish to Lender satisfactory evidence af payment of the taxes or assessments and
<br />shall au[horize the appropriate governmental official to deliver to Lender at any time a written statement of the taxas snd assessments
<br />against the Property.
<br />Notice of Constructian. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />furnishsd, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien enuld he asserted on
<br />account of the work, services, or materials. Trustor;will upon request of Lender furnish ta Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisians relating to insuring the Proparty ere a part of this Deed of Trust.
<br />M�intenance of Insuranca. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value covering all Imprnvements on the Real Property in an amount
<br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagae clause in favor of Lender. Trustor shalt also
<br />procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with 7rustee and
<br />Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
<br />insurance, including but not limited to hazard, business interruption, and boiler insurance, �s Lender may reasonably require. Policies
<br />shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon reques[ of Lender, will deliver to Lender from cime to time the policies or certificates
<br />of insurance in farm satisfactory to Lender, including stipulations ihat caverages will not be cancelled or diminished without at least
<br />thirty (30) days prinr written notice ta Lender. Each insurance policy also shall include an endorsement providing that coverage in
<br />favor of Lender will npt 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 designsted 6y the Director of the Federal Emergency Management Agency as a special flood hazard
<br />area, Trustor agrees to obtain and maintain Federal Flood Insurance, if availa6le, within 45 days after notice is given by Lender that
<br />[he Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the
<br />property securing the loan, up ta 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 />Applicatian of Proceeds. Trustor shall promptly notify Lender of any loss or damage to tha Prpperty. Lender may make proof of loss
<br />if Trustor fails m do so within fifteen (15) days ot the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
<br />election, receive and retain the proceeds af any insurance and apply the proceeds to the reduction of the Indek�iedness, payment of
<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 expendi[ure, pay or reimburse Trus[or from the proceeds for the reasonable cost of repair or restoration if
<br />Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursad within 1 BO days after their receipt
<br />and which lender has not cbmmitted to the repair or restoration of ihe Property shall be used first to pay any amount owing to Lender
<br />under this Deed of 7rust, then to pay accrued interest, and [he remainder, if eny, shall he applied to the principal balance of the
<br />Indebtedness. If Lender holds any proceBds after payment in full of the Indebtedness, such proceeds shall be paid to 7rustor as
<br />Trustor's interests may appear.
<br />Trustor's Repart on Insurance. Upon request of Lender, however not mara than once a year, Trustar shall furnish to Lender a report
<br />on each existing policy of insurance sh�wing: (1► the name of the insurer, (2) the risks insured; (3) the amount ot the policy; (4)
<br />tha property insured, the then current replacement value of such property, and the manner of determining that value; and �5► the
<br />expiration daie of the policy. 7rustor shall, upon request nf Lender, have an independent appreiser satisfactory io Lender determine
<br />the cash vatue raplacement cost of the Property.
<br />LENDER'S EXf'ENDITURES. If any action or proceeding is commenced that wauld materially affect Lender's interest in the Property or if
<br />Trustor fails to comply with any provision of this deed of Trust or any Related �ncuments, including but not limitad to 7rustor's failure to
<br />discharge or pay when due any amounts Trus[or 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 abligated to) take any action that Lender deems appropriate, including but nat 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 for such purposes
<br />will then 6ear interest at the rate charged under the Note from the date incurred or paid by Lender to She date of repayment by Trustor. All
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