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DEED OF TRUST 2 O 10 0 9 4 4 �
<br />Loan No: 872058933 (Continued) Page 2
<br />with this sention of the Deed of Trust. Any inspections or tests made by Lender shall be for lender's purposes anly and shall not be
<br />cons#rued to create any responsibility or liability on the part af Lender to Trustor or to any othar persnn. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; snd (2) agrees to indemnify, defend, and hold harmless Lender egainst any and all
<br />claims, losses, lia6ilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this sectinn of the Deed of 7rust or as a consequenca of any use, generation, manufacture, storage, disposal, release ar
<br />threatened release occurring prior to Trustor's ownership or interest in the Prvperty, whether or not the same was or should have
<br />been known to Trustor. rthe 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 of Trust and shall not be
<br />affected by Lender's acquisition of any intersst in ihe Property, whether by foreclosure or otherwise.
<br />Nuisanca, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping af or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will nat removs, or grant to
<br />any other party the right to remove, any timber, minerais (including oil and gasl, coal, clay, scorie, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Remaval nf Improvements. Trustor shall not demolish ar remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Impravements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal valus.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect #he Real Property far purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Truat.
<br />Compliance with Governmental Requirements. Trustar shall promptly comply with all laws, ordinances, and regulations, now ar
<br />hereaiter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compliance during any prpceeding, including apprppriate appeals, so long as
<br />Trustar has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Praperty are
<br />nvt jeopardized. Lender may require Trustor to post adequate security ar a surety h�ond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duty ta Protect. Trustor agrass neither to abandon or leave unattended the Property. 7rustor shall do all other ac#s, in addition to
<br />those acts set forth abovv in this section, which from the character and use of the Prvperty are reasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT 8Y LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upon the ssle or transfer, without Lender's prior written consent, of all ar any part of the Real Property, or any interest in the
<br />Real Property. A"sale ar transfer" means the cnnveyance of Real Property or any right, title or interes# in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, Innd contract, contract
<br />for deed, leasehold interest wi#h a term greater than three (3) years, lease-nption contrsct, or by sale, assignment, or transfer of any
<br />beneficial interest in or ta 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 Lender it such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LI@NS. The fqllowing provisians relating to the taxes and liens on ths Property are part of this aeed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (inciuding
<br />water and sewerl, fines and impositions levied against or on account of ths Property, and shall pay when due all cleims for work done
<br />on or for services rsndered or material furnished to the Property, Trustor shall maintain the Property free ot all liens having priority
<br />nver or equal to tha interest of L.ender under this beed of Trust, except for the lien of taxes and assessments not due, except for the
<br />Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust.
<br />fiight to Contest. 7rustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation 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 after the lien arises or, if a lien is filed, within fifteen (15) days after 7rustor has notice of the
<br />filing, sacure the discharge of the lien, ar if requested by Lender, deposit with Lender cash or 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' feas, or other charges
<br />that could accrue as a result of a foreclosure 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 Lender as sn additional oblig�a under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfar,tory evidence of payment ot the taxes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at any time a written statement nf the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days befare any work is commenced, any services are
<br />furnished, or any materisls are supplied to the Property, if any mechianic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. 7rustor will upon request af Lender furnish to l.ender advance assurances satisfactory to
<br />Lender that Trustar can and will pay the cost of such improvements.
<br />PROPEitTY DAMAGE INSURANCE. The following provisions relating ta insuring the Property are a part of this deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure end maintain policies of fire insurance with standard extended coverage
<br />endorsements an a replacement basis for the full insurable value covering all Improvements on the Real F'roperty in an amount
<br />sufficient to avoid applicatinn of any cainsurance clause, and with a standard mortgagee clause in favor of Lender, tvgether with such
<br />other hazard and liability insurance as Lender may reasonably require. Policies shall be written in Torm, amounts, coverages and basis
<br />reasonably acceptable tn Lender and issued by a company or companies reasanably acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory ta Lender, including
<br />stipulations that coverages will not be cancelled or diminished without at least ten (1Q) days prior written notice to L.ender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will nnt be impaired in any wey by any
<br />act, omission or default nf Trustor nr any other person. Should the Real Property be located in an area designated by #he Directar of
<br />the �edersl Emergency Management Agency as a special flood hazard area, Trustnr agrees to obtain and m�intein Federal Flood
<br />Insuranca, if available, for the meximum amount of Borrower's credit lina and the full unpaid principal 6alance of any prior liens nn the
<br />proparty securing the loan, up to the msximum policy limits set under the National Fload Insurance Pragram, ar as otherwise required
<br />by Lender, and to maintain such insurance for the term of the loan.
<br />Applicatfon of Proceeds. Trustor shall promptly notify Lender of any Ioss or damage to the Property. Lender may make proaf of loss
<br />if Trustor fails ta do so within fiftean (15) days of the aasualty. 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 af th� Indebtedness, peyment oP
<br />any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration antf
<br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner sstisfactory to Lender. Lender shall, upon
<br />satisfactory proat of 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 Property shall be used first to pay any amount owing to Lender
<br />under this Deed 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 paid to Trustor as
<br />Trustor's interests may appear. �
<br />Compliance with Existing Indebtadness. During the period in which any Existing Indebtedness described below is in effect, compliance
<br />with the insurance prpvisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the
<br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of 7rust would constitute a
<br />duplicstion of insurance requirement. If any procaeds from the insurance become payable on loss, the provisions in this Deed of Trust'
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