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D�ED OF TRUST 2 p i i Q 0 3 8(i
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<br />threatened release occurring prior �o Trustor's ownership or interest in the Property, whether or nat the same was or' should have
<br />been knnwn to Trustor. The provisions of this section of the Deed of Trust, including the o6ligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconueyance of the lien of this Deed of Trust and shall not he
<br />affected by Lender's acquisiiion of any interest in the Property, whether by foreclosure or btherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor cammit, permit, or suffer any stripping af or waste on
<br />or to the Property or any portion of the Property. Withou[ limi[ing the generality of the foregoing, Trustor will not ramova, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and ges►, coal, clay, scoria, soil, gravei ar rock products
<br />without Lender's prior written consent.
<br />Removal nf Improvements. Trustor shall noi demplish or remove any Improvements from the Real Property without Lender's pripr
<br />written consent. As a condition to the removal of any Improvements, Lendar may require 1"rustor to make arrangaments satisfactory
<br />to Lender ta replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and �ender's agents and representatives may enter upon the Real Property at alt reasanable times to
<br />attend to l.ender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed af Trust.
<br />Compliance with Governmental Requirements. 7rustor shall promptly comply with all laws, ordinances, and ragulatians, 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 bisabilities Act. Trustar may contest in good faith any such law, ordinance, or regulatian and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor hes notified Lender in writing prior to doing so and so long as,
<br />in l.ender's sole opinion, Lender's interests in the Property are nat jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. 7rustor agrees neither to abandon or Isave unattended the Property. Trustor shall do all other acts, in additian to
<br />[hose acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDEN. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />peed of "Crust upon the ssle ar transfer, withou[ Lender's prior writ[en consent, of all or any part of the Real Property, or any interest in the
<br />Real Property. A"sale or transfer" means the canvayance of Real Property or any right, title or interest in the Real Property; whether legal,
<br />6eneficial or equitable; whether volun[ary or involuntary; whether by outright sale, deed, installment sale contract, land con[ract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sate, assignment, or transf�r of any
<br />beneficial interest in or to any Iand uust 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 nat be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions rela#ing to tlie taxes and liens on the Property are p�rt of this �eed of Trus[:
<br />Payment. 7rustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water end sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims far work done
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Prnperty free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien ot 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 connection with a good faith dispute over the
<br />obliga[ion to pay, sn long as Lender's interest in ihe 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 efter Trustor has natice of the
<br />filing, secure the dischsrge of the lien, or if requested by Lender, depbsit with Lender oash or a sufficient corporate surety bond or
<br />other security satisfectory to Lander in an amounT sufficient to discharga the lien plus any costs and attorneys' fees, or other charges
<br />that could eccrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shatl defend itself and Lender and shall
<br />satisfy any adverse judgment hefore enforcemsnt against the Property. 7rustor shall name Lender as an additional obligee under any
<br />surety 6ond furnished in the contest proceedings.
<br />Evidance of Payment. Trustor shall upan demand furnish to Lender satisfactory evidencs of payment of the taxes or assessmants and
<br />shall authorize the appropriate governmental official to deliver ta Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />NOtIC6 of Canstruction. Trustor shall notify Lender at least fifteen �15) days before any work is commencad, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, ma[erialmen's lien, or other lien could 6e asserted on
<br />account of the work, services, or materials. 7rustoc will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lendar that Trustor can and will pay the cost of such improvements.
<br />PROPERTY 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 firs insurence with standard extended coverage
<br />endorsements an a replacemen[ basis for the full insurable value covering all Improvements on tha Real Property in an amount
<br />sufficient to avoid application of any coinsurance clause, and wi[h a standard mortgagee clausa in favor of Lender. Trustar shall also
<br />procure and maintain comprehensive general lia6ility insurance in such coverage amounts as Lender may request with 7rustee and
<br />Lender 6eing named as additional insureds in such liability insurance poticies. Additianally, Trustor shall maintain such other
<br />insurance, including but not limi[ed to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies
<br />shall 6e 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 request of Lender, will deliver to Lender from time to time the policies or certificates
<br />of insurance in form satisfactory to Lender, including stiputations that coverages will no[ be cancelled or diminished without at least
<br />thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsemen[ providing that coverage in
<br />favor of Lender will not be impaired in any way tay any act, omissian pr default of Trustor pr any other person. Shpuld the Real
<br />Property be located in en area designated by the Director of the Federal Emergency Management Agency as a special flood hazard
<br />area, Trustor agrees to obtain and maintain Federal Flpod Insurance, if available, within 45 days after notice is given by Lender that
<br />the Property is located in a special flood hazard area, for the full unpaid principal balance of the �oan and any prior liens on the
<br />property securing the loan, up to the maximum polic�� limits set under the Netional Flood Insurance Program, or as otherwise required
<br />by Lender, and to maintain such insursnce for the terrn of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may mske proof ot loss
<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 />election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of
<br />any lien affecting the Property, or the restoratian and repair of the Property. If Lender elects to apply the proceeds to restoretion and
<br />repair, 1"rustor shall repair or replace ihe 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 reasanable cost of repair or restaration if
<br />Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt
<br />and which Lender has nat 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 psy 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 ihe Indebtedness, such proceeds shall be paid to Trustor as
<br />Trustor's interests may appear.
<br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a report
<br />on each existing policy of insurance showing: (1) the name nf the insurer; (2) the risks insured; (3) the amount of the policy; (4)
<br />the property insured, the then current replacement value of such property, and the manner of determining that value; and 15) the
<br />expiration date of the policy. 7rustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender datermine
<br />the cash value replacement cost of the Praperty.
<br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that 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, inctuding but not limited to Trustor's faiture to
<br />discharge or pay when due any amounts 7rustor is required to discharge ar pay under this Deed of Trust or any Related Documents, Lender
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