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DEED OF TRUST
<br />(Continued) 2 O i��(� !�'� � Page 2
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of 7rust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed tp create any responsibility or liability on the part of Lender to Trustor ar to any othar person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous 5ubstances. 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; and (7) agrees to indemnify, defend, and hold harmless Lender against any and aii
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of 7rust or as a consequence of any use, generation, manufacture, storsge, disposal, relesse 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 knawn to Trustor. 7he provisions of this section of the Deed of Trust, including the obligation ta indemnify and defend, shall
<br />survive the payment af the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Truat and shall nat ba
<br />atfected by Lender's acquisition of sny interest in the Property, whether by. foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, condu�t or pierm{t�y ,n�isance nor commit, permit, or suffar any stripping of or waste on
<br />or to the Property or any portion of the Property. �Withdlit�lim) ng" tlie generality of the foregoing, Trustbr will noC remove, or grant to
<br />any other party the right to remove, any timber, minerals (including ail and gas�, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Ramoval ef Imprnvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />•r✓riiten cor.ser.t. As a cor,datpon ta the removal of anq lmpra�zmerr!s; Lsnder may require Tr►:stor to make arra�gements aatisfacto:y
<br />to Lender to reptace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasanable times ta
<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 Dead of Trust.
<br />Compliance with Govarnmental Requirements. Trustor shall promptly camply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authori[ies applicable to the use or occupancy of the Prnperty, including without limitation, the
<br />Amsricens With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appaals, so long as Trustor 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 requira Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory tn Lender, to protect Lender's in[erest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. 7rustor shall do all other acts, in addition to
<br />thase acts set forth above in this section, which from the characcer and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, a# Lender's aption, declare immediately due and payable all sums secured by this
<br />beed of Trust upon the sale or transfer, withaut Lender's prior written consent, of all or any part of the Real Praperty, nr any interest in the
<br />Real Property. A"sale or transfer" means the conveyence of Real Property or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involun[ary; whether 6y outright sele, deed, installment sale con[ract, land contract, con�ract
<br />for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, ar 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 />Property. If any Trustor is a corporation, partnership or limited liability compeny, transfer also includes any change in ownership of more
<br />than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interes[s, as the csse may be, of such
<br />Trustor. Mowever, this option shall not be exercised by Lender if such exercise is prahibitad by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustar shall pey w.hen due (and in all events prior to delinquency) all taxes; special taxes, assessments, charges (including
<br />_.. ..._ _._ . waterand�ewer), fines anciim!ansitinnsJevied ac�inst � ca���c�un? clf-�1t� Prc�perty, a�sh�a��ay-wk�e� due a!I claim8 far werk �one
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Proper#y free of ell liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the 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 jeopardized. If a lien arises or is filed as a resul[ 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, secure the discharge of [he lien, or if requested by Lender, deposi[ with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory io Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />that cauld accrue as a result of a foreclosure or sale under the lien. In any contes[, Trustor shall defend itself and Lsnder and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name l.ender as an additional obligae under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence af Peyment. Trustor shall upon demand furnish to Lender satisfactory evidence of paymen[ of the taxes or assessmen[s and
<br />shall authorize the appropriate governmental official ta deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lendar at least fifteen (15) days before any work is commenced, any servicas are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, ma[erialmen's lien, or other lien could be asserted an
<br />account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trus[or can and will pay the cost of such improvemen[s.
<br />pROPERTY DAMAGE INSURANCE. 7he following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shalt procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements an a replacement basis for the full insursble 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 Lendar. Trustor shall also
<br />procure and meintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
<br />Lender being named as additional insureds in such lia6ility insurance policies. Additionally, 7rustor shall maintain such other
<br />insurance, inciuding but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies
<br />shall pe written in form, amounts, coverages and basis reasonably acceptable to Lender ar►d issued by a company pr companies
<br />reasonably acceptable to Lender. Trustor, 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 or diminished without at least
<br />thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing [hat coverage in
<br />favor of Lender will not be impaired in any way by' any act, omission or default of Trustor or any oiher person. Shauld the Real
<br />Property be located in an area designated by the Director of the Federal Emergency Management Agency as e special flood hazard
<br />area, Trustor agrees to ohtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and
<br />any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or
<br />as otherwise required 6y 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 the Property. Lender may make proof of loss
<br />if l"rustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender mey, et Lender's
<br />election, receive and retain the pracaeds nf any insurance and apply the proceeds ta tha reduction of the Indebtedness, payment of
<br />any lien affecting the Proparty, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
<br />repair, Trustor sMall repair or replace the damaged or.destroyad Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimb�arse Trustor fram the proceeds for the reasonable cost of repair or restaratian if
<br />7rustnr is not in default under this peed of Trust. Any proceeds which have not been disbursed within 18p 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 Dead of Trust, then to pay accrued interest, and the remainder, if eny, 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 Trustar as
<br />Trustor's interests may appear.
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