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<br />DEED OF TRUST 2 0110 219 4
<br />(Continued) Page 2
<br />Nuisance, Waste. Trustor shalE not ceuse, conduct or permit any nuisance nor commit, permit, or suffer anV s��pping of or waste on or to
<br />the Proparly or anY portiat of the ProperH. Wkhout limiting the yenerality ot the toregoing, Trustor wll not remove, a gra�t to anv ather
<br />partv the right to remove, arry timber, minerals (including oil and gasj, coal, clay, scoria, soll, gravel or rock products without Lender's prior
<br />written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove erry Improvaments rtom the Reel ProperN wNhout Lender's prior written
<br />consent. As a conditlon to the removal of any Improvemerrts, Lender mev require Trustor to make errangements satistactorv ta Lender to
<br />replace such Improvements with Improvements of st leest equal velue.
<br />Lender`s Right to Enter. Lender and Lenders agents and representatives may enter upon fhe Reel PropeAy at all reasonable times to
<br />attend to Lendefs interests and to inspect the Real Properry ta purposes of Trustors compliance with the terms end conditions of this Deed
<br />of Trust
<br />Compllance wRh Govemmental Requirements, Truator ahall promptly compy with afl laws, ordinancea, and regulatians, now or hersafter
<br />m effect, oi all governmentat authoritles applicable to the use or occupency of the Property, including witFrout ifmita6on, the Americans WRh
<br />Disabllitles Act. Trustor may contest In good faith arry sUCh law, ordinance, or regulation and wltlihold complience durinq arn proceeding,
<br />including eppropriate appeals, so long as Trustor has notlfled Lender in writlng prior to doing ao end sa long as, m Lender`s sole opinion,
<br />Lender`s interests in the Properiv are not leoperdized. Lender may require Trustor to p�t adequate security or a surety bond, reasonably
<br />satistactory to Lender, to protect Lendera interest.
<br />Duty to Protect. Trustor agrees neither to abendon or leave unettended 1he PraperN. Trustor ahell do all other acts, in additlon to those
<br />eas set forth above in riils secUOn, whlch trom tlie character and use W the Propertv are reasonably necessary to protect and preserve the
<br />Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender mey, at Lender`s opaon, declare immediately due and payeble all sums secured by this Deed
<br />of Trust upon the sale a Vanster, without I.enders pnor written conserit, oi ell or arry part of the Reei Property, or any interest In the Real ProperN.
<br />A"sale or Vansfer" means the corneyance of Rsel Propertv or any nght, tiUe or mterest In the Real Property; whether legal, 6enef�ial or equiteble;
<br />whether vduMery a irnoluMary; whether by ou6lght sale, deed, i�staNment sale oontrect, land tbntract, coMract for deed, leasehold Interest with
<br />a term greater than three (3) Vears, lease-optlon wniract, or by sale, assignment, or transfer of anv beneflcial interest in or to any land trust
<br />holding title to the Reel Property, or by arry other method oi conveyance oi en irrterest � the Real Properly. However, this option shall not be
<br />exercised by Lender H suoh exerc�se is prohibRed by tederel lew or by Nebraska law.
<br />TAXES AND LIENS. The tdlowing provisions releting to the taxes and Ilens an the Property are pert of this Deed of Trust:
<br />Payment. Trustor shell pay when due (end in all events prior to dellnquency) all taxes, special taxes, assessments, charges (including water
<br />end sewer), fines and knpositions levied ageinst or on eccount of the Property, and shsll pav when due ell cla�ms tor work done on or tor
<br />services rendered or materfal Tumfshed to the Proparry. Trustor shall meintau� the Property tree of all liere heving prbrity over or equal to the
<br />interest of Lender under thfs Deed pf Trust, except for 1he lien of texes and essessments not due end except as otherw�se prrnkied in this
<br />Deed of Trust.
<br />Right to Conteat. Trustor mav wHhhold paymen! ot erry tex, assessment, or claim in cannecdon with a good feith dispute over the obligatlon
<br />to pay, so bng as Lenders iMerest in the Property is not Ieoperdized. If a Ilen ariaes or is filed as e resuR oi ranpayment, Trustor shall within
<br />fifteen (15) deys etter the lien arises or, 'rf a lien is filed, wHhin fiiteen (15) deys after Trusta has notice of the fillnfl, secure the discharge ot the
<br />lian, or if requasted by Lender, depasit with lender cash or a sufficient corporete suretv bond or other aecurlty satisractory to Lender in an
<br />amour�t sutficient to discharge the lien plus arn �osis and attorneys' fees, or other cherges that could accrue fls a result ai a toreclosure or
<br />sale under the Ilen. In anv contest, Trustor shall detend Rself and Lerxler end shell satlsN any adverse ludgmerrt before enforcement against
<br />the Property. Trustor shefl name Lender as an additbnal obligee under anV surety 6ond tumtshed in the contest procesdings.
<br />Evidence of Paymeni Trustor shali upon dernand furnlsh to Lender satistactory evidence ot paymern of the mxes or assessments and shall
<br />auttiorize the eppropriate govemmeniel official to deltver to Lender at anY time a written staterr��t of the texes end essessments againsl the
<br />Propertv.
<br />NoBce of Constructlon. Trustor shell notitv Lender at least flkeen (15) davs before any work �a commen�d, eny serv�ces are turnished, or
<br />any mflteriels are supplied to the Property, ff any mechanic's lien, matenatme�`s lien, or other lien could be asserted on account of the work,
<br />services, or materials. Trustor will upon request of Lender tumtsh to Lender advance assurances setisfactory to Lender that Trustor can and
<br />wfll pay me cost ot such improvements.
<br />PROPERTY DAMACiE INSURANCE. The followmg prov�srons relating to insunng ihe PropeM are a part o� this Deed of Trust.
<br />Mamtenance of Insurance. Trusror sheil procure and maiMain policies of fire insurence wfth standard extended coverage erxlorsements on
<br />a ia�r value basis ror the tull insurabie vetue covenng all Improvements on the Real Property m an amount sufFlciem to avokl applicatan of
<br />any cansurance clause, and wHh a standard mortgagee clause in tawr of Lender. TrusWr shell elso procure and memtam camprehensive
<br />general IlabElfry msurance in such coverage amounts as Lender may request wNh Trustee and Lender being named as additionel insureds in
<br />such liabiliry insurance policies. Additionely, Trustor shall maintain such other ir�surance, including bul notJimited to hezarcl, business
<br />interruption, and boiler msurence, as Lender may reasanaMy require. Pol�ies shall be wrltten in torm, amounts, coverages and besis
<br />reasanaWV acceptable to l.ender end Issued bv a compeny or compenies reasonably acceptable m Lender. Trusror, upon request o�
<br />Lender, will dellver to Lerder trom Ume to Ume the pollcies or certificetes of insurance m tOrm satistactory to Lender, inCluding stipulatbns
<br />that coverages wlll rat be cancelled or dlminlshed without at least thirty (30) days priw written notice to Lender. Each insurance policy also
<br />shell include an endorserr�ent provldfng that cwerage m tavor of Lender will not be Impaired in any wav by arn ect, omission or defautt oi
<br />Trusror or arrv other person. Should the Heal PropeAV be located m an erea designated by the Director of the Federal Emergency
<br />Manegement Agencv as a speciel flood hazard erea, Trustor agrees to oMain arxi matrrtain Federal Fbod Insurance, If availeble, ior the full
<br />unpald principal balance of the ben and any prior liens on the property securinp the ben, up to the mauimum pollcv limits set under the
<br />Natlonal Flood Insurance Program, or as otherw�se required by Lender, and to maintain suCh insurance ror the term of the loan.
<br />Applicatlon of Proceeds. Trustor shail promptty notiN Lender ot any bss or dert�age to the Property. Lender maV meke proot of toss If
<br />Trustor faAs to do so withln flfteen (i6) days of the casualtv. Whether or not Lenders seauritv is impaired, Lender may, at Le�ers election,
<br />recerye and retain the procesds af any maurance and appty the proceeds to the reductlon of the IrWebtedness, peymeM ot arry lien affecting
<br />the Property, or the restoratlon and repeir of the Property. If Lsnder elects to appty the proceeds to resmratbn end repair, 7rusWr shall
<br />repair or replace the damaged or destroyed Improvements In a manner satistactory to Lender. Lender shall, upon satistactory proot of such
<br />expendfture, pev or reimburse Trustor irom the prooeeds ror the reasoneble cost ot repair or restoratlon It Trustor is not �n default uoder this
<br />Deed of Trust. Any proceeds which have not been dlsbursed within 180 days atter their receipt and whlch Lender has not commltted to the
<br />repair or restoretion af the Property shell be used flrst W pay enY amour�t owing to Lender unrler this Deed of Trust, then to pay accrued
<br />irnerest, and the rememder, 'rf any, ahalf be applled to the principal balance ot the I�debtedness. H Lender holds erry proceeds aner peyment
<br />in tull of the Indebtedness, such proceeds shall be pald to Trustor as Trustor's interests may appeer.
<br />Trustor's Report on Insunnca Upon request of Lender, however not more than once a year, Trustor shall tumish ro Lender a report an
<br />each existinp pollcy of insurance ahowmg: (1) the neme of the insurer, (2) the r�sks insured; (3) the amount of the policy; (4) the
<br />properry insured, the then curreM replacertrent value m such property, and the menner of determinmg thet valus; and (5) the expiration
<br />date of the pollcy. Trustor shell, upon �equest W Lender, heve an independeM appreiser setistactory [o Lender deterrnine the cash value
<br />replacement cost of the Property.
<br />LENDER'S EXPENDITI)RES. If anv action or proceedinq is catrnenced that would materially afEect lender's interest in the Propertv or i} Trustor
<br />tails to comply with eny provision of thls Deed of Trust or arn/ Related Docurrfents, mcluding bul not limfted to Trustor`s fallure to discharge or pey
<br />when due any artaunts Trustor is reqwred to dlscharge or pay undar ihls Deed of Trust or arry Refated, Documents, Lender on Trustors behalf
<br />mey (but shell not be obligated to) take anv action tliat Lerxier deems appropnate, including but not Ilmited to dlschergmg or paying all taxes,
<br />Ilens, security interests, encumbrarfces and other claims, at any time levied or placed on the PropertV and paying all costs Tor Insuring, mamtaining
<br />and preaerving the Properry. All auch expendllures incurred or pald by Lender for such purposes wlll then bear interest et the rate charqed under
<br />the Note trom tl�e date incurred or pald by Lender to fhe date ot repayment by Tnmtor. Alt such expenses will become a part of the Indebtedness
<br />and, ai Lenders optbn, will (A) be payaWe on demend; (BZ( be added to the belance of the Note entl be apportloned among end be payable
<br />with any installment payments ro become due during etther i(1) the term W anV appl'�caWe insuranoe policy; or (2) the remaining term of Uie
<br />Note; or (C) be treated as a balloon peyment which w111 be due and payahle at the Note's maturitv. The Deed of Trust also will secure payment
<br />of these artrounts. Such right shall be in addltlon to all other riQhb and remediea to which Lender may be entlded upon Detault.
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