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<br />DEED OF TRUST
<br />�-� 0� 10.6 ;� v 4 es, (contin�ed) , 2 O 10 019 0 4 Page 2
<br />to make such inspectior�s,end tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />� with this section of the p�,eed of Trust. Any inspactions or tests made by Lender shall be for Lender's purposes tSnly and shall not be
<br />. construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained he�sin are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />� hereby (1) rele�ses and �ives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />`" cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, �d�mages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />� breach of tFus section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />`° �threatened 7etease occur'�n,g prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />'�! been known to Trustor. �Ttie provisions of this secfion of the Deed of Trust, incfuding the obligation to indemnify and defend, shall
<br />survive the p�qment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed o� Trust and shall not be
<br />affacted 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 any stripping of or waste on
<br />or to the Property or any portion of tha 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 gas1, 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.arrangemants 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 timas to
<br />attend to Lender's interests and to inspect the Real Prbperty for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly compiy with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhoid compliance
<br />during any proceeding, including appropciate appeals, 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. Trustor-shall do all other acts, in addition to
<br />those acts set forth abova 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 all or any 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, daed, installment sale 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. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more
<br />than twenty-five percent (25%) of the voting stock, partnership intarests or limited liability company interests, as the case may be, of such
<br />Trustor. 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 shall pay when due (and in alI events prior to delinquency) alI taxes, special taxes, assessments, charges (including
<br />water and sewerl, fine's and impositions levied against or on account gf the Property, and shall pay when due all claims for Work done
<br />on or for services. rendered or material furnished to the Property. Trustor shail maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except far the lien of taxes and assessments not due and except as
<br />atherwise 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 is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor 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 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' faes, 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 judgmer�t before enforcement against the Property: Trustor shall name Lender as an additional obligee under anq
<br />surety bond furnished 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 governmental offioial to deliver to Lender at any 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) days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Prop,erty, 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 satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURAIVCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of, fire insurance with standard extended cavera,ge
<br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real-Property in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall aiso procure
<br />and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender
<br />being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance,
<br />including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be
<br />written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably
<br />acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or cartificatas of insurance
<br />in form satisfactory to Lender, including stipulations that coverages"iivill not be cancelled or diminished without at least thirty (30)
<br />days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverege in favor of
<br />Lender will not be impaired in any way by any act, omission or defiault of Trustor or any other person. Should tne Real Property be
<br />located in an area designated by the Director of the Federal Emergency Management Agency as a speciai flood hazard area, Trustor
<br />agrees to obtain.and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the Ioan 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 any insurance and apply the proceeds to the reduction of the Indebtetiness, payment of
<br />any lien affecting the Proper£y, 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 first to pay any arriount owing to Lentler
<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 holds.any proceeds after payriment in full of the Indebtedness, such proceeds shall be paid to Trustor as
<br />Trustor's inte7ests may appear.
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