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201101554
<br />���� o� TR��
<br />Laan No: 80II394 (Con$ittued)
<br />Page 2
<br />hereby 11) releases and waives any future ciaims against Lender for indemnity or contribu[ion in the eve��t Trustor becomes liab(e for
<br />cleanup or other costs under any such laws; and (ZI ayre�:s to indemnify, deFend, and hold harmiess Lender against any and all
<br />claims, losses, li�lailities, damages, penalties, and expenses which Lencier rnay directiy or indi�ectly sustain or suifer resuiting from o
<br />breaoh af this section oF the Deed of Trust or as a consequence of any use, yenera[ion, manufacture, storage, disposal, release �r
<br />fhreatened relsase occurring prior to Trustor's owriershi�.� or interest +n the Property, whetFier or nof the sarne was or should Fiave
<br />been knowt� to Truscor. The provisians of fhis section of the Dead Uf Trusf, inclucling the obligation to indemnify and cleFencl, shall
<br />survive the payment oF the Indebtedness arid the satisfaction and recc�nueyai�ce af the licn o( this Desd of Trust and shail not be
<br />afFected by Ler�der's acquisition vF any interest in the PrUper[y, whether by foredosure or okherwise.
<br />Nuisance, Waste. lrustor shall not cause, conciuct or ��eni�it any nuisance nor corr�mit, permit, vr suffer any stripping of or was[e on
<br />or co the Propercy or any partion of the Properry. Without limiting the generality of the toregoing, Trustor will no[ remvve, or grant to
<br />any other party the ric�ht ro remove, any timber, minesals (including oil and gas1, coal, clay, scoria, soil, gravel or rocic products
<br />without Lender's prior written consent.
<br />Removal of ImproveiYients. Trustor shall not demolish or rernove any Irnpravc�ments irom the Real ('roperty without l_ender's pric�r
<br />writte� consent. As a candition to the removal of any Irnprovements, Lender may require Trustvr to malce arrangernents satisfacrory
<br />to Lender to repiace such Irrrprcavements with Improvements oF at least equal va(ue.
<br />Lendor's Rigl�t to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonabie tin,es to
<br />2ttencl to Lender's interasts ancf to inspect the Real Property for purposes of TrusCOr's eampliance with the tenns and c;vndifians oF
<br />this Deed of Trust.
<br />Compliance with Gavernmental Requireme��ts. Trustor shall pramptly camply with all la�rs, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to fhe use or occupancy oi the Proper[y. Trust�r iTiay contest in yood
<br />fait�h any sucl� law, ordinance, or regulakion ancl vvithhald compliance during any proceecling, includiny apprc�priate �ppeais, so long as
<br />Tnastor has notifiecl lender in writing �rior cv doing so and so lona as, in Lender's sole o�.ainion, Lender's interests in the Property are
<br />not jeo�arclized. Lender may require Trustor to post adec�uate security or a surety bond, reasonably satisFactory to �r:nder, to protect
<br />Lender's interest. �
<br />Ruty io Proteot. Trustor ac�rees nc;ither to abandon or leave unaktended t:he Property. Trustor shaii do all other a�ls, in addition to
<br />those �uts set forth a�ove in Chis sectian, which from tf�ie character and use of ti�e F�roperty �re reasvn�bly n?cess�ry to proteck and
<br />preserve tl�e Property.
<br />DUE QN BALE - GONSENT CiY LENDER, L.encier may, at Lender's option, deciare immediately due and payaUle ail surns secured t�y this
<br />Deed o( Trusc upon the sale or transfer, withouk lender's ��rror writt�:n c�nsent, oi all or any part of the Reai Property, or any interes[ in the
<br />R�aal Property. A"sale or transFer" rneans ttie conveyance vf Reai Pro��ercy or any riyht, tikle ar interest in the Fieai Pron�rfy; whecher legal,
<br />beneficial or equitabis; whether vc�luntary or involuncary; whe[her by autri�ht sale, cleed, i�stallment sale concr�ct, land contract, caritract
<br />for deed, leasehoicl interest wilh a term c�reater than three (31 ye>.ars, lease-opUon cor�tract, or hy sale, assignrnent, or transfer of any
<br />beneficial interest in or to any land trust holding title ta Che Real Property, or by any other metlind of conveya�ce of an interest in the Real
<br />Pro�erty. Nowever, this opti�n shall not be exeroised by l.ender iP sucli exercise is prohibifed by federai law or by Nebraska law.
<br />TAXES ANLI UENS. The follQwing provisic�ns relacing to tfie t�xes and fiens on tfhe Property are part vf this Deed oF Trust:
<br />Payment. Trustor shall pay wlien due (�r�� in ail evenfs priar [a deliriquencyl all taxes, special taxes, assessments, charges (including
<br />water and sewerl, fines and irnpositions levied against os on acco�mt of lhe F'roperty, and shall pay when due all dainis for work done
<br />an or far services rendered or material furnished to fhe �'ror�erty. Trustor shall maintain tl�e Pro��erty free of al! liens hauing priority
<br />over or equal to the interest oF Lender under this Ueed c�f Trust, except for the lien of taxes and assessmenks not due, except i��ar fhe
<br />Existing Indebtedness referred to below, and except as otherwise pravided in this Deed of Trusk.
<br />Riyht io Contest, Trusfor may vvithhoid paymenf af any tax, assessment, or ciaim in cpnnection with a gaod faith dispute over the
<br />oblige[ion to pay, so long as Lender's interesk in the F'roperty is not jeapardized. If a lien arises or is filed as a result of nonpaymenf,
<br />Trustnr shall within fifteen (15) days after [he lien arises or, if a lien is filed, within fifteen (15) days after Trustor Iias notice oF the
<br />filing, secure the discharge of the lien, or ii requested h�y Lerider, deposit with Lender cash or a sufFicient corparate surefy bond nr
<br />o(her security satisFaccory to Lender in an arriount sufPicient tv discharge ihe tien +�lus any costs and attorneys' Fees, or ofher charges
<br />that could accrue as e resuit of a foreclosure or sale under the lien. I�i any contest, Trust�r shall defend itself arid �ender and shall
<br />satisfy any adverse judgment hefore enforcemen[ ayainst tlie I'roperty. Trustor shall name Lender as an adclitional obligee under any
<br />surety bond fumished in the contest proceedings.
<br />Evidence of Payment. Trustor shall u�on demand furnish ta Lencler satisfactory evidence of payrrient of tha taxes or assessments an�l
<br />shall authorize the appropriate yovammental official to d�liver ta Lender at any time a written statement of the taxes and assessmenls
<br />against the Property.
<br />Natice of ConstruGtion. Trustor shall natiFy Lencter at least Tifteen (151 days befare any work is cammenced, any services are
<br />fumisheci, o� any materials are supplied ta the Pro�erty, if any mechanic's lien, materialmen's lien, or other lien cotald �e asserted an
<br />account of Che work, serviczs, or materials. Trustor wi14 upon request crf I_ender furnish to Lender advarice assurances satisfactory to
<br />Lender that Trustor can and wil! pay the cost of sur,h improvements.
<br />RRQPERTY UAMAGE INSUFtANCE. The followinc� provisions relating to insuring the Property are a r�ark of Chis Deecl oF Trust.
<br />Maintenance of Msurancs. Trustar shall procure and maintain policies of fire insurance with st�ndard extended coverage
<br />e�dorsements on a re�?tacement basis for the Full ins�.rrabte value cvverir�g all lrt�provements on the Real Froperty in an amounl,
<br />sufficient to avoid application of any coinsurance clause, anci with a standarcl mortgagee clause in Tavor of �ender, together with such
<br />other hazard and liat�ility insurance as Lencler may reason�bly require. Policies shall be written in form, amourits, coverages and Uasis
<br />reasonably acceptaiale to Lencler and issued by a company or r.,ornpanies reasonal�ly acceptable to Lender. Trustvr, upon request of
<br />lender, will deliver to I_ander irom time to tinie the �olicies or certificates af insurance in farm sadsfaccory to Lender, inclucliric�
<br />stipulations chat caverag�s will not be cancellecl or diminisfied without �t least ten 11 Q) days prior written natice to Lender. Ear,h
<br />insurance policy also shall include a� endorsement �roviding that coverage in fauor of Lender will no[ bc: impaired in any w�y by any
<br />act, omission or default of Trustor or any other person. Sho�dd the Real Property be located in ar� area desic�natecl by the Direcror of
<br />the Federal Eme�genay Management Ayenr.y as a sF�ecial ilood hiazard area, Trustor agrees to ol�tain ancl rnaincaii� Federaf Flood
<br />Insurance, ii available, tor the full unpaid principal 6alance oF the laan and any ��rior liens an the property securing khe loan, u�:� to the
<br />maxim��m policy limits s�t under the National Floocl Insurance Program, or as otherwise rec�uired by Lender, t�nd to maintairi such
<br />insurance for the term af the loan.
<br />llpplication of Procseds. Trustor shall prorn�tly nolify Lender of a�iy Ivss or damage to the Property. Lencler rnay inalce proo! of loss
<br />if Trustor fails ta do so within iifteen (151 days of the casualty. Whether or riot Lender's security is impaired, Lend�r may, �t Lender's
<br />electioi�, receive and retairi the proceeds c�f any insurance a�cl anply the proceeds to the reduction of the Indebtedness, payment of
<br />any lien aifecting the Property, or the rest�ration and re�a+r of the Proper[y. If Lender eler,ts to a�:�ply tfie proceeds to restoratian and
<br />repair, Trustor shall repair or replace the damaged or destroyed Improvemerrts in a manner satisfactory t:o Lender. Lender shall, upon
<br />satisfactory propf oF such experiditure, pay or reimb�vs�: Trustor from the praceeds for the reasonable cost of repair or restoral:ion if
<br />Trustor is not in default under this Deed af Trust. F�ny proceec4s whicPi have nat been disbursed within 1$0 days a(fer their receipt
<br />and which Lander has not committed ro the repair or restoration of the Property shall be used first to pay any amv�mr. awing to Lender
<br />under this Deed of Trust, then to pay accr�ed interest, �nd the remainder, if any, shall be applied to lhe �rincipal balance of the
<br />Indebtedness. If Lender holds any proceeds atter �ayment in full pf the Indelitedness, such {xor.eeds shall be paid lo l"rustor as
<br />Trustor's interests may apnear. �
<br />Gomplianee with Existing IndQbtedrjess. During tt�e period in which any Existing Indebfedness descriLied below is in etfec[, campliance
<br />with the insurance provisions contained in [he inskrument evidencina suah Existing Indehcedness shall consticute compliance with the
<br />insurance provisions u�der th+s Deed of Trust, ta the exlent cornpliance with the ferms of tlris Deed of Trust would canslitul:e a
<br />duplication of insurance requiremenk. If any proceeds frprn the insurance become payalale on luss, the provisions in tliis Deed of Trust
<br />for division of prpceeds shall apply only to thal portion of the proceeds not payable to i.he holder qf lhe Existiny Indebtedness.
<br />L.END�R'S EXPENDITURES. !f Trusior fails (A) to keep the Property free of all taxes, liens, security interests, encumhrances, and otl�er
<br />claims, (B) to provide any required inst.irance on the Prc,perty, (C) to make repairs to the Property or to r,amply with any oUligation to
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