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DEED OF TRUST q nc �
<br />(Continued) ,G O � � V ,G 1 � �'a�page 2
<br />Nuisance, Waste. Truator shall not cause, conduct or permit anv nuisence rar commn, permk, or suffer any shippmg of or waste on or to
<br />the Property or erry portlon ot the Property. Without IlmPong the generaiity of the toregoing, Trustor will rat remove, oY grant to any other
<br />party the right to remove, arry timber, minerels ('�duding oil and gas), coal, clay, scona, soil, gravel w rock products wNhout l.enders prwr
<br />written conseM.
<br />Removal ot Improvementg. Trustor ahaA rat demolish or remove eny Improvements trom the Real Property wfthout Lender's prwr wrmen
<br />consent. As a conditlon to Uie removal ot anv Improvaments, Lsnder may require Trustor to make arrangemeMS satisfactory to Lender M
<br />replace such Improvements with Improvernents or at least equal value.
<br />. Lendera Rtght to Ent�. Lender and lender's agents and representatives mev enter upon the Real Property at all reasoneble times to
<br />ettend to Lsnders interests and to inspect the Real Property tor purposes of TrustoYS canplience with the tarms and conditions of this Deed
<br />of Trust
<br />Comp�lanq wlth Oovernmental Requlremenb. Ttustor shall prompUy compiy wfth ail laws, ardinences, and regulations, now ar hereafter
<br />in effect, of all govemmentai authorlties applicable to the use or occupancy of the Properry, including without Ilmitatbn, the Americans With
<br />D'uabilities Act Trustor may conteat fn good faith arry such law, ordinance, or regulation end wflhhdd compllance during any proceeding,
<br />tncluding appropnate appeels, so long as Trustor has notifled Lender in wrifing prior b doing so and so long as, in tenders sde opinan,
<br />Lenders interests m the Property are rwt Ieopardized. Lender may reqWre Tnutor to poat edequate securiry or a sureiv bond, reasonabry
<br />satistactory to Lender, to protect Lenders interest.
<br />Outy to Protect Trustor agrees neither to ebendon or leave unattended the PropeRy. Trustor shall do all other acts, in addition to ttase
<br />acb set forth above m this section, whbh irom Me character and use of the Property are reasonahlv necessery to protect and preserve the
<br />Propertv.
<br />QUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option, declare immediately due end payeble all sums secured bV lhis Deed
<br />of Tnrst upon the sale or transiar, wdhout Lender's pnor wrliten conse�t, ot all or any part of the Reai Property, or any irrterest in the Real Property.
<br />A"sale or trenster" means the conveya�ce of peal PropeAy or arry rlght, title or iriterest in the Real ProperW; whether Ieqai, beneficiel or equltable;
<br />whether voluntarv w involuntary; whether bV outrlght sale, deed, instellment sale crontract, lend cantract, contract for deed, leasahold irker�t whh
<br />a term graater than tkree (3) yeaB, lease-option cantrect, or bv sale, essi�ment, or tfansfer oi arry bene8cfai interesf in or ta am land trust
<br />holding tRle tp the Real property, or bv arrv other method of conveyance ot an irrterest in the Real Propertv. However, this optlon shall not be
<br />exerc�sed bv Lender If such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The rollowing prdvisions relating W the taxes and liens on the Properry are part of this Deed of Trust:
<br />Payment Trustor shall pav when due fand In aN eventa prior to delinquency) ell taxes, special taxes, assessments, charges (Including water
<br />and sewer), flnes and Impositlons le�ed against or on aocount of the Property, end shall pav when due all claims for work daie on or tor
<br />aervqes rendered or materlal fumished to the Property. Trustor shall maintain the ProperN free ot al� Ilens having prioritv over or equal to lhe
<br />iMerest of Lender under this Deed of 7rust, except for thellen of taxes and assessments not due and except as otherwise provkled fn this
<br />Deed of Trust.
<br />Risht to Cantest 7rustor may withhold payment ot arn/ tflx, assessment, or clalm in connectlon with a good fefth dlspute over the obligetlon
<br />to pay, so long as Lenders interest in the Property is not Isoper'dized• If a lien arises or is Nled as a resuN or nonpaymerrt, Trustor shell within
<br />fifteen (15) davs after the lien azieas or, tf a Ilen is filed, witliin fifteen (15) days after Trustor hes notice of the ffling, secure the diacharge of the
<br />lien, or if requeated by Lender, deposlt wNh Lender cash or a suHlclent corporete surety borW w other secuAry satistectory to Lsnder in an
<br />amount sufficient to discharge the Ilen plus any costs and attameys' fees, or olher charges that could acorue as a resuk ot a toreclosure or
<br />sale under the lien. In any contest, Trustor shell defend itself and Lender arxJ shell satlsiV anY adverse tudgment betore entorcement ageinst
<br />the Propertv. Trustor ahell name Lender as en additionel obligee under any surety bond fum�shed (n the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand fumish to Lender saUstactory evidence oi payment of the texes or assessments and shall
<br />authorize Ihe appropriate govemmental offidal lo deliver to Lender at arry ttme a wrinen sffitement of the taxes and assessmeMs ageinst the
<br />Properry•
<br />Notice of Construction. Trustor shall notity Lender at leest fiiteen (15) davs betore arry work is commenced, any serv�ce, are tumished, or
<br />any meterials are supplled to the Property, if arry mechanic`s lien, meterielmen's lien, or other lien could be asserted on acxount of the work,
<br />serv�ces, or materiels. Trustar wiil upon request of Lender tumish to Lender advance essurences satisfactory to lender that Trustor can and
<br />will pay the cost ot such improvemenls.
<br />PROPERTY DAMAGE INSURANCE. The folbwing prowswns relating to insuring the Propertv ere a part of this Deed of Trust.
<br />INamtenance of Insurance. Trustor shall procure and maintein pdicies ot fire ir�surance with standard extended coverage eridoreements on
<br />a fair value 6asis ro� the NII Insurable value covering all Improvements on the Real Property in an amount suHlcieM ro avWd application of
<br />any coinsuraroe clause, and wRh a standard rtartgagee clause in favor of Lsrxier. Trustor shal{ also procure end maurtam comprehensive
<br />general Ilablury msurance in auch coverage amounts as Lender maV request with Trustee and Lender bemg nemed as additfonal insureds in
<br />such liebility insurence policies. Addltlonally, Trustor sfiell mavNain such other insurance, including but not limited to hazard, busmess
<br />interruptbn, and boiler insurance, as Lender may reasonabry require. Pdicies shall be wriKen in fortn, amounts, coverages and basis
<br />reasonablv accepteWe to Lender and issued bV e companv or companies reasonably accepfable to l.ender. Trustor, upon request ot
<br />Lender, wlll delNer to Lender ttom time to time the poltcies or certficates of Inaurence in torm satisfactory W Lender, including stlpulaUOns
<br />thet covereges wlll not be cancelled or diminished wlthout at least thirty (30) days prqr wrltten rrotice to Lentler. Each insurance policy also
<br />shell include an encioraemenl providing that coverage m tavw of Lender wfll not be �mpaired in flny way by any act, omission or default at
<br />Trustor or any other person. ShouW the Real Praperry 6e located in en area d�igrtated by the Dlrector ot the Federal Emergencv
<br />Manegement Agancy as a spec�al tlood hezard area, Trustor agrees to obtain and maiMein Federal Flood Insurance, N avauable, for Uie fu9
<br />unpeid principel balance of the ban and erry pnor Ifens on the propertv secunng the ban, up to the maximum polfcy Itmlts set under the
<br />National Flood Insurence Program, a as otherwise required by l.ender, and to maiMain such insurence tor the term of the loen.
<br />Application of Proceeds. Trustor shall promptly rwUfy Lender ot anv loss or demage to Uie F'roperry. Lender may make prooi of loss if
<br />TrusMr fails to cb so within flfteen (15) davs of the casualry. Whether or not Lender`s security is impalred, Lender may, at Lender's e�cUon,
<br />recelve and retain the proceeds o( any msurance and apply the proceeds to 1he reductlon of the Indebtedness, paYment oi any lien affecting
<br />the Property, or the restoretion and repeir of the Propertv. If Lender elects to applv the proceeds to restoration and repeir, TnuMr shall
<br />repair or replace 1he dameged or destroyed Improvements m a menner satlstactory to Lender. Lender sheli, upon satistacrory proof of such
<br />expenditUre, pay w reimburse Trustor ttom ttie proceeds tor the reasonable cost or repair or restaratlan B Trustor is not in defaWt under this
<br />Desd of Trust. Anv proceeds whbh have not been disbursed within 180 days after their recaipt and wh�h Lender has not oommitted to the
<br />repair or restoration of the PropertY shell be used first to pay any amount owing � Lender under this Deed of Trust, then to pay accrued
<br />interest, end the remeinder, N arry, shall be applied to the pnncipal belanCe ot the Indebtedness. H Lender hdds anV proceeds atter pavment
<br />in tull of fhe Indebtedness, such proceeds shall be paid to Trusior as Trustors interests mav appear.
<br />Trustora Report on tnaurance. Upon requeat of LerWer, however not rtare then once a year, Trustor shell fumish to Lender a report on
<br />each existlnQ policv of insurance showmg: (1) the neme ot the msurer, (2) the risks maured; (3) the amount of the policy; (4) the
<br />property insured, the then current replacement velue of such property, and the manner of determining that value; and (5) the expiratlon
<br />date of the policy. Trustor shell, upon request of Lender, have an Independent appraiser setistactory to Lender determme the cash value
<br />replacement cost of the Property.
<br />LENDER'5 EXPENDITUHES. If any actlon or pra:eedinp is commenced that would materiellV affect Lenders interes! in the Property or H Trustor
<br />tails to comply with any provlsan of this Deed of Trtist w arry Related pocumeMS, inctuding but not Iirtilted to Trustors failure to dlscharge or pay
<br />when due any amouMS 7rusior is required to discharpe a pav under this Deed ot Trust or eny Related Dxuments, Lender on Trustors behalf
<br />may (but shall not be obligated M) take arry action that Lender deems eppropnate, mciudtng but not Ilmited to discherqing or paying all lexes,
<br />liens, secudry iMerests, encumbrances and other deima, at anV time levied a placed on the Property and payinp all cwsts for msuring, maintam�ng
<br />and preserving the Property. All such expendfturea incurred or pald by Lender tor such purposes will then bear Interest at the rate charged under
<br />the Note irom the dete mcurred or peid by Lender to the date ot repevment bv Trustor. All such expensea will become a part of the Indebtedness
<br />and, at Lender`s optbn, wlll (A) be payable on demand; (B) be added to the balance of the Note end be apporlioned among and be paVable
<br />with any instailment payments to become due during either (1) the term af any appl�ade insurance pol�y; or (2) the remeiNng term oi the
<br />Note; or (C) be treated as a balloon pevment which wlll be due end payeble et the Note`s meturny. 7he Deed of Trust also will secure paymeM
<br />ot these amounts. Such rigM shall be in addition to all other rights and remedfes to which Lender mav be entided upon Detault.
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