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DEED OF TRUST
<br />(�ont�nued) 2 0110 3 9 4� PaJe 2
<br />Removal of Improvements. 7rustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect tha Real Property for purposes of TrustoPs compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compllance with Govemmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effec#, of all govemmental authoritles applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compflance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender in wrifing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Properry are
<br />not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, fn addition to
<br />those 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 LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, of ap or any part of the Real Property, or any interest in the
<br />Real Property. A"sale or transfer" means the conveyance of Real Propetty or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment saie contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any
<br />beneficial interest in or to any land trust 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 not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shaf( pay when due (and in all events prior to delinquency) all taxes, speclal taxes, assessments, charges (inciuding
<br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due aIl claims for work done
<br />on or for services rendered or material fumished to the Property. Trustor shal( matntain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the Iien of taxes and assessments not due, except for the
<br />Existing Indebtedness refeRed to below, and except as 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 />obligation to pay, so long as Lender's interest in the Property fs not jeopardized. if a lien arises or is filed as a result of nonpayment,
<br />Truslor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />filing, secure the discharge of the Ifen, or if requested by Lender, deposit with Lender cash or a sufficienf corporate surety bond or
<br />other security satisfactory to Lender frt an amount su�cienY to discharge the Ilen plus any costs and attorneys' fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bond fumished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate govemmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Nottce of ConstrucUon. Trustor shall notify Lender at least fifteen (95) days before any work is commenced, any services are
<br />furnished, or any mateHals are supplled to the Property, if any mechanic's lien, materialmen's lien, or other Ilen could be asserted on
<br />account of the work, services, or materials. Trusfor wilf upon request of Lender fumish to Lender advance assurances saYisfactory to
<br />Lender that Trustor can and will pay fhe cost of such improvements.
<br />PROPERTY DAMAGE 1NSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Malntenance of Insurance. Trustor shall procure and maintain policies of flre insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Rea( Property in an amount
<br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such
<br />other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certiflcates of insurance in form satisfactory to Lender, including
<br />stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
<br />insurance poficy also shaff include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
<br />act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of
<br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to o6tafn and maintafn Federal Fiood
<br />Insurance, if available, for the full unpaid princlpal balance of the loan and any prior Ifens on the property securing the loan, up to the
<br />maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
<br />insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall prompt(y notify Lender of any loss or damage to the Property. Lender may make proof of 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 restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
<br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration 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 not committed to the repair or restoration of the Property shall be used flrst to pay any amount owing to Lender
<br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
<br />lndebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as
<br />Trustor's interests may appear.
<br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described 6elow is in effect, compliance
<br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the
<br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a
<br />duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in ihis Dead of Trust
<br />for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
<br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other
<br />claims, (B) to provide any required insurance on the Property, (C) to �ke repairs to the Property or to comply wifh any obligation to
<br />maintain Existing Indebtedness in good standing as required below, then Lender rrmy do so. If any action or proceeding is oommenced that
<br />would materially affect Lender's interests in the Properly, then Lender on Trustor's behalf may, but is not required to, take any ac#ion that
<br />Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes wili then bear
<br />Interest at the rate charged under the NoYe from the date incurred or paid by Lender to the date of repayment by Trustor. All such
<br />expenses will �me a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of
<br />the Note and be apportioned among and be payabie with any installment payments to become due during either (1) the term of any
<br />appllcable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable
<br />at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The r(ghts provided for in th(s paragraph shall be in
<br />addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall
<br />not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all
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