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DEED OF TRUST 2 0110 4 2 3 5
<br />(Continued) Page 2
<br />Geanu or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender agatnst any and all
<br />claims, Iosses, liabflities, damages, penalties, and expenses which Lender may directly or indirecUy sustain or suffer resulting from a
<br />breach f this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threate ed release occurring prior to Trustor's ownership or (nterest in the Property, whether or not the same was or should have
<br />been k own to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affecte by Lender's acquisition of any interest fn the Property, whether by foreclosure or otherwise.
<br />Nuisan a, Waste. Trustor shall not cause, conduet or perm(t any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to th Property or any portlon of the Property. Without limitlng the generality of the foregoing, Trustor will not remove, or grant to
<br />any oth r party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Remov I of Improvements. Trustor shatl not demolish or remove any Improvements from the Real Property without Lender's prior
<br />wrltten consent As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lend r to replace such Improvements with Improvements of at least equal value.
<br />LendeP$ Right to Enter. Lender and Cender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this D d of Trust.
<br />Compll nce with Govemmental Requirements. Trustor shall prompUy comply with all laws, ordinances, and regulatlons, now or
<br />hereaft r in effect, of all govemmental authorities applicable to the use or occupancy of the Property. Trustor may contest (n good
<br />faith an such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests fn the Property are
<br />not jeo ardized. Lender may requfre Trustor to post adequate security or a surety bond, reasonably satlsfactory to Lender, to protect
<br />Lender' interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those a set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserv the Property.
<br />DUE ON SA E- CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Tru t upon the sale or transfer, wfthout Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Prope . A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
<br />beneflcial or equitable; whether voluntary or invotuntary; whether by outrtght sale, deed, installment sale contract, land contract, contract
<br />for deed, le sehold interest with a term greater than three (3) years, lease-optfon contract, or by sale, assignment, or transfer of any
<br />beneftcial int rest in or to any tand trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br />Property. H wever, 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 />Paymen Trustor shalt pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water a d sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material fumished to the Property. Trustor shall maintafn the Properly free of all liens having priori
<br />over or�qual to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />othervvi e provided in this Deed of Trust.
<br />Right to Contest Trustor may withhold payment of any tax, assessment, or cla(m in connection with a good faith dispute over the
<br />obligati n to pay, so long as Lender's interest in the Property (s not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor hall within fifteen (15) days after the Ifen arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />filing, s�cure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surery bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the Ifen plus any costs and attomeys' fees, or other charges
<br />that co Id accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shatl
<br />satisfy ny adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety b nd fumished in the contest proceedings.
<br />Evidenc of Payment Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall aut orize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />agafnst �he Property.
<br />NoUce f Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />furnishe , or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materfals. Trustor wfll upon request of Lender fumish to Lender advance assurances satisfactory to
<br />Lender t at Trustor can and will pay the cost of such improvements.
<br />PROPERTY D�MAGE INSURANCE. The following provisions relatfng to insuring the Property are a part of this Deed of Trust.
<br />Malnten nce of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorse ents on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
<br />sufficien to avoid application of any cofnsurance clause, and with a standard mortgagee clause in favor of Lender, together with such
<br />other h ard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
<br />reasona ly acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of
<br />Lender, ill deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including
<br />stipulaU ns that coverages will not be cancelled or dlminished without at least ten (10) days prior written notice to Lender. Each
<br />insuran policy also shall include an endorsement prov(ding that coverage in favor of Lender will not be impaired in any way by any
<br />act, omi sion or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of
<br />the Fed ral Emergency Management Agency as a specfat flood hazard area, Trustor agrees to obtain and maintain Federal Flood
<br />Insuran , if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the
<br />maximu policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
<br />insuran for the term of the loan.
<br />Applicati n of Proceeds. Trustor shall prompUy notify Lender of any loss or damage to the Property. Lender may make proof of loss
<br />if Trusto fails to do so within flfteen (15) days of the casualty. Whether or not Lender's security fs impaired, Lender may, at Lender's
<br />electlon, receive and retain the proceeds of any fnsurance and apply the proceeds to the reduction of the Indebtedness, payment of
<br />any lien ffecting the Property, or the restoratlon and repair of the Property. If Lender elects to apply the proceeds to restoration and
<br />repair, T stor shalt repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfact ry 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 whiah Lender has not committed to the repair or restoration of the Praperty shall be used first 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 />Indebtedness. If Lender hotds any proceeds after payment in futt of the Indebtedness, such proceeds shall be paid to Trustor as
<br />Trustor's fnterests may appear.
<br />Compltance with Existing Indebtedness. During the periad fn which any Existing Indebtedness described below is in effect, compliance
<br />with the insurance provisions contained in the instrument evidencing such Exfstfng Indebtedness shalt constitute compliance with the
<br />insurance provisions under this Deed of Trust, to the extent compllance with the terms of this Deed of Trust would constitute a
<br />duplicati0n of insurance requfrement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust
<br />for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the F�cisting 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 make repairs to the Property or to comply wlth any obligation to
<br />maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that
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