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2011U28i�
<br />3. Borrower shall pay all general real estate taxes and special assessments against the Property
<br />befare the same become delinquent.
<br />4. Borrower shall keep the improvements on said Property insured against loss by fire and
<br />hazards included with the term "extended coverage" for their insurable value and policies far the same shall
<br />include a standard mortgage clause showing Lender herein. In event of loss, Lender may make proof of loss
<br />if not promptly made by Borrower. Insurance proceeds shall be applied to restoration or repair of the
<br />Property damaged, unless both parties otherwise agree, except if restoration or repair is not economically
<br />feasible or Lender's security is not lessened, otherwise said proceeds shall be paid on the debt herein,
<br />whether or not then due.
<br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds from
<br />insurance shall not extend or postpone the due date of the payments provided in said instrument of
<br />indebtedness, or change the amount of the payments.
<br />5. Borrower shall keep the described Property in good condition and repair; shall promptly
<br />repair, or replace, any improvement which may be damaged or destroyed; shall not commit ar permit any
<br />waste or deterioration of the real estate hereinabove described, shall not remove, demolish or substantially
<br />alter any of the improvements on the Property; shall not commit, suffer or permit any act to be done in or
<br />upon the property in violation of any law, ordinance or regulation; and shall promptly discharge at
<br />Borrower's cost and expense all liens, encumbrances, and charges levied, imposed or assessed against the
<br />described real estate or any part thereof.
<br />6. Borrower shall keep the Property in compliance with all applicable laws, ordinances, and
<br />regulations relating to industrial hygiene or environmental protection (collectively referred to herein as
<br />"Environmental Laws"). Borrower shall keep the Property free from all substances deemed to be hazardous
<br />or toxic under any Environmental Laws (collectively referred to herein as "Hazardous Materials"). Borrower
<br />hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property.
<br />Borrower hereby agrees to indemnify and hold harmless Lender, and any successors to Lender's interest,
<br />from and against any and all claims, damages, losses and liabilities arising in connection with the presence,
<br />use, disposal, or transport of any Hazardous Materials on, under, from, or about the Property. THE
<br />FOREGOING WARRANTIES AND REPRESENTATION, AND BORROWER'S OBLIGATIONS
<br />PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS
<br />DEED OF TRUST.
<br />7. Borrower shall not sell, transfer, assign, convey or further encumber all or any part of or any
<br />interest in the Property hereinabove described, either voluntarily or involuntarily, without the express prior
<br />written consent of Lender ar as otherwise herein permitted, and in the event of any such sale, transfer,
<br />assignment, conveyance or transfer in violation of this provision, Lender shall have the option to declare all
<br />sums secured hereby immediately due and payable.
<br />8. If Borrower fails to perfortn the covenants and agreements herein contained, Lender may
<br />do and pay for whatever is necessary to protect the value of the Property, and Lender's rights in the Property,
<br />including the paying of any sum secured by a lien which has priority over this Deed of Trust, appearing in
<br />court, paying reasonable attorney fees and entering the Property to make repairs. Any amount disbursed by
<br />Lender under this paragraph shall become an additional debt of Borrower, secured by this Deed of Trust, to
<br />bear interest from the date of disbursement and said amount, together with the then unpaid principal amount,
<br />shall bear interest at the highest lawful rate until refunded by Borrower.
<br />9. The proceeds of a condemnation award are hereby assigned and shall be paid to Lender and
<br />shall be applied to the sums secured by this Deed of Trust, whether or not then due, with any excess to be
<br />paid to Borrower. �
<br />10. Any extensions or modifications of the loan granted by Lender to any successor in interest
<br />of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
<br />interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude
<br />the exercise of any right or remedy.
<br />11. Any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or
<br />mailing it by first class mail unless Nebraska Law requires use of another method, at the Borrower's last
<br />known address.
<br />12. This Deed of Trust shall be governed by Nebraska Law.
<br />13. Lender shall give notice to Borrower following Borrower's breach of any covenant or
<br />agreement in this Deed of Trust and the Debt which it secures. The notice shall specify (a) the default, (b)
<br />the action required to cure the default, (c) a date not less than sixty (60) days from the date the notice is given
<br />to Borrower by which the default must be cured, and (d) that failure to cure the default on or before the date
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