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DEED OF TRUST n
<br />Loan N�: 123610 (Cantinuedl � � 1�10 9 S� G Page 2
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or ta the Property or any portion of the Property. Without limiting the generality af the foregoing, Trustor will not remove, or grant to
<br />any nther party the right to remove, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements frvm 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 />ta Lender to replace such Improvements with Improvements bf at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives mey enter upon the Real Property at all reasonable times to
<br />ettend to Lender's interests and to inspect the Real Property for purposes of Trustar's compliance with the terms and canditions of
<br />this Deed of Trust.
<br />Complience with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable 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, vr regulation and withhvld compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notifiad Lender in writing prior to dping 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 6ond, reasonably satisfactory to Lender, to protect Lender's interast.
<br />Duty to Prntect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Property ere reasonably necessary to protect and
<br />preserve the Proper#y.
<br />DUE QN SALE - CONS�NT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upon 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 Fiaal Prnperty or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equiteble; whether voluntary or involuntary; whether by outright sale, deed, installment sale con#ract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, leasa-vption contract, or by sale, assignment, or transfer of any
<br />benaficial interest in or to any land trust holding title to the Real Property, nr by any other mathod 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 or by Ne6reska law.
<br />TAXE5 AND LIENS. The following provisions relating to the taxes and liens on the Prnperty are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxss, special taxes, assessments, charges (including
<br />water and sewer►, fines and impositions levied against or on eccaunt of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor shall meintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien pf taxes and assessment5 not due and except as
<br />otherwise provided in this �eed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in ennnection with a good faith dispute over the
<br />obligation to pay, sn long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustvr shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bvnd nr
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and permissible fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shell defend itself and Lander and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor ahall name Lender as an additionel obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments end
<br />shall authnrize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Cnnstruction. 7rustor 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 vther lien could be asserted an
<br />account nf the work, services, or materials. 1'rustor will upon request of l.ender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PRDPERTY DAMAGE INSURANCE. The following 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 insurance with standard extended caverage
<br />endnrsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
<br />sufficient to avoid applicatinn of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also
<br />procure and maintain comprehensive general liability insurance in such coverage ampunts as Lender may request with Trustee and
<br />Lender being named as additivnel insureds in such liability insurance policies. Additionally, 7rustor shall maintain such other
<br />insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender mey reasonably require. Policies
<br />shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company vr companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
<br />af insurance in form satisfantory to Lender, including stipulations that coverages will not be cancelled or diminished without at least
<br />ten (10) days prior written nntice to Lender. Each insurance policy also shall include an endorsement providing that cover�ge in favor
<br />of Lender will not be impaired in any way by any ect, omission or default of Trustor or any other person. 5hould the Real Property be
<br />located in an area designated by the Direc#or nf the Federal Emergency Management Agency as a special flood hazard area, Trustor
<br />agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is
<br />Iocated in a special flood hazard area, for the full unpaid principal balance of the loen and any prior liens on the property securing the
<br />Ioan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to
<br />maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustvr shell promptly notify Lender of any loss or damege to the Property. Lender may make proof of Ioss
<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 />electian, receive and retain the proceeds of any insurance and apply the prnceeds to the reductipn of the Indebtedness, payment of
<br />any lien affecting the Property, or the restoration end repair of tha 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 for the reasonable cost of repair or restoration if
<br />Trustor is not in default under this Deed ot Trust. Any proceeds which have not been disburssd within 180 days after their receipt
<br />and which Lender has not committed to the repair or restoration of the Prvperty shall be used first #o pay any amount owing to Lender
<br />under this Deed of 1'rust, 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 �s
<br />Trus#or's interests may appear.
<br />Trustnr's Report an Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish tv Lender a report
<br />on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the smount of the policy; (4)
<br />the proper#y insured, the then current replacement value nf such property, and the manner of determining that value; and (5) the
<br />expiration date of the policy. Trustor shall, upon rsquest of Lender, have an independent appraiser satisfactory to Lender determine
<br />the cash ualue replacement cnst of the Property.
<br />LENDER'S EXPENDITURES. If any action or proceeding is commenced thet would 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 Documents, including but not limited to Trustor's feilure to
<br />discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any I�elated Documents, Lender
<br />on Trustor's 6ehelf may (but shall not be obligated to) take any action that Lander deems appropriate, including bu[ 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 fnr such purposes
<br />will then bear interest at the rate cherged under the Nota frnm the date incurred or paid by Lender to the date of repayment by 7rustor. All
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