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DEED OF TRUST � o�� 0 5� 7 9
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<br />cleanup ar other. costs under any such laws; and (2) agrees to indemnify,. defand, and hold harmless Lender against any and atl
<br />claims, losses, liabilities, damageS, penalties, and expenses which Lender may directly or indirectly sustain or suffer resutting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Pcoperty, whether or not the same was or should have
<br />been known to Trusior. The provisions of this section of the Deed of Trust, including #he obligation to Pndemnify 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 />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or othenrvise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other 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 />Removal of Improvements. Trustor shall not demolfsh or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the �emoval 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 interasts and to inspect the Real Property for purposes of TrustoPs compliance with the terms and conditions of
<br />this Deed of Trust
<br />Compliance wtth Goverr►mentat Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all govemmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any 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 in the Property are
<br />not jaopardized. Lendar may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duly to Protect. Trustor agrees nefther to abandon or leave unattended the Property. Trusto� shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Property are reasonabiy nec�ssary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSEIdT 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 wrftten consent, of all or any part of the Real Property, or any interest in the
<br />Real Properly. A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Pcoperty; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale c:ontract, 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 tftle to the Real Properly, 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 />7AXES AND LIENS. The following provisions relating to the taxes 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, speciai taxes, assessments, charges (including
<br />water and sewer), fines and impos(tions levied against or on acxount of the Property, and shall pay when due all claims for wark done
<br />on or for services rendered or materlal fumished to the Property. Trustor shall maintain the Property free of all Ifens having priosity
<br />over or equaf to the Interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise provided in thia Deed.of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assassment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's intersst in the Property is not Jeopardized. If a Ilen alises or is flled as, a result of nonpayment,
<br />Trustor shaq within fifteen (15) days a#ter the lien arises or, if a lien is fiiled, within fiReen (15) days after Trustor has rrotice 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 satisfactory to Lender in an amount sufficient to discharge the lien 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 enforeement 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 fumish 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 wrttten statemant of the taxes and assessments
<br />against the Property.
<br />Notfce of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materiafinen's lien, or other lien could be asserted on
<br />account of the work, senrices, or materlals. Trustor will upon request of Lender fumish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relaUng to insuring the Property are a part of this Deed of Trust.
<br />Malnfenance of Insurartce. Trustor shall procure and maintain polides of fire insurance with standard 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 applicafion of any coinsurance clause, and with a standard mortgagee cfause in favor of Lender, together with such
<br />other hazard and Ilability insurance as Lender may reasonabty 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 certifiicates of insurance in form satisfactory to Lender, including
<br />stipulations that coverages will not be cancelled or diminished without at least ten (10) days p�ior written notica to Lender. Each
<br />insurance poliCy also shall 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 obtatn and maintain Federal Flood
<br />Insurance, if available, within 45 days aRer notice is given by Lender that the Property is focated in a special flood hazard area, for the
<br />full unpaid principal balance of the loan. and any prior Itens on the properky securing the loan, up to the maximum policy limits set
<br />under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the
<br />loan.
<br />Applicatlon of Proceeds. Trustor shali prompNy 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 impalred, Lender may, at Lender's
<br />election, receive and retain the proceeds of any insurance and appiy 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 appiy 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 Tn�stor from the proceeds for the reasonable cost of repair or r�storation if
<br />Trustor is not 9n default under this Deed.of Trust: Any proceeds which have not been disbursed within 180 days after thetr ceceipt
<br />andwhich 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 Qeed 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 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 />Comp{iance with E�dsting Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance
<br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the
<br />insurance provisfons under thfs Deed of Trust, to the extent compliance wlth the terms of this Deed of Trust would cons#itute a
<br />duplication of tnsurance requirement. If any proceeds from the insurance become payable on loss, the provisfans 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 Existing Indebtedness.
<br />LENDER'S EXPENDITURE3. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other
<br />claims, (B) to provlde any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to
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