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DEED OF TRUST w o�, �, 0 4 4 6 9
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<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall no4 be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer ahy stripping of or waste on
<br />or to the Property or eny portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other parry the right to remove, any timber, minerals lincluding oil end gea), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor 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 />ta Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representetives mey enter upon the Real Property at all reasonable times to
<br />ettend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with th? terms ajnd conditi�ns ��f
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinences, end regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitetion, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such Iew, ordinance, or regulation end withhold compliance
<br />during any proceeding, including appropriate eppeals, so long as Trustor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Truator shail do all other acts, in eddition to
<br />those acts set forth ebove in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />Construction Loan. If some or all of the proceeds of the loan creating the Inde6tedness are to be used to conatcuct or complete
<br />construction of any improvements on the Property, the Improvements shall be completed no later then the maturity date of the Note
<br />(or such earlier date as Lender may reasonably establish) end Trustor shall pay in full all costs end expenses in connection wlth the
<br />work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonebly necessary to insure that
<br />the interest created by this Deed of Trust shall have priority over ell possible liens, including those of material suppliers end workmen.
<br />Lender may require, among other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of
<br />liens, construction progress reports, and such other documentation as Lender may reasonably request.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, et 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 all or eny part of the Real Property, or any interest in the
<br />Real Property. A"sale or transfer" means the conveyance of Real Property 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, lnstellment sale contract, lend contract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, leese-option contrect, or by sale, assignment, or transfer of any
<br />beneficial interest in or to any land trust holding title to the Reai 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 federel law or by Nebraske law.
<br />TAXES AND LIENS. The following provisions releting to the texes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines end impositions levied against or on account of the Property, and shall pay whe� due all ciaims �o� wr,�b drn�
<br />on or for services rendered or materiel furnished to the Property. 7rustor shall maintain the Property tree ot all liens hewng pnorily
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of texes and assessments not due and except es
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with e gpod faith dispute over the
<br />obligation ta pay, so long es Lender's interest in tha Property is not jeopardized. if a lien arises or is filed es a result of nonpeyment,
<br />Trustor shali within fifteen (15) days after the lien arises ar, if a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfectory to Lender in en amount sufficient to discharge the lien plus any costs and ettorneys' fees, or other charges
<br />that could accrue as e result of a foreciosure or sale under the lien. In any contest, Trustor shail defend itself end Lender and shall
<br />satisfy eny adverse judgment before enforcement against the Property. Trustor shall name Lender as en edditional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of peyment of the texes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender et eny time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) deys before any work is commenced, eny services are
<br />furnished, 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 materials. Trustor will upon request of Lender furnish to Lender advance assurances setisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The foliowing provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shell procure and maintain policies of fire insurence with standerd extended coverage
<br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
<br />sufficient to avoid applicetion of any coinsurance clause, and with a standard mortgegee clause in favor of Lender. Trustor ahall elso
<br />procure and maintain comprehensive general liabiliry insurance in such coverage emounts as Lender may request with Trustee and
<br />Lender being named as additional insureds in such liability insurence policies. Additionally, Trustor shall maintain such other
<br />insurance, including but not limited to hazard, business interruptlon, and boiler insurance, es Lender mey reasonebly require. Policies
<br />shall be written in form, amounts, coverages and basis reasonably accepteble to Lender and issued by e compeny or companies
<br />reasonably accepteble to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
<br />of insurance in form satisfactory to Lender, including stipulations that coverayes will not be cenctii�� ur a�n��ru�r�ea w,tr��„i �,, ��-���
<br />ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor
<br />of Lender will not be impaired in any way by any act, omissfon or default of Trustor or any other person. Should the Real Properry be
<br />located in an area designated by the Director of the Federal Emergency Menagement Agency as a special flood hazard area, Trustor
<br />agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens
<br />on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise
<br />required by Lender, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly 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 eny insurance and epply the proceeds to the reduction of the indebtedness, payment of
<br />any lien affecting the Property, or the restoration and repeir 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 heve not been disbursed within 180 days after their receipt
<br />and which Lender has not committed to the repair or restoration of the Property shali 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 principai balance of the
<br />Indebtedness. If Lender holds any proceeds efter payment in full of the Indebtedness, such proceeds shall be paid to Trustor es
<br />TrustoPs interests may appear.
<br />Trustor's Report on Insurance. Upon request of Lender, however not more then once a year, Trustar shell furnish to Lender a report
<br />on each existing policy of insurance showing: (7) the name of the insurer; (21 the risks insured; (3) the amount of the policy; (4)
<br />the property insured, the then current replecement value of such property, and the manner of determining that value; and (5) the
<br />expiration date of the policy. Trustor shall, upon request of Lender, have an independent appraiser setisfectory to Lender determine
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