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DEED OF TRUST �
<br />(Continued) � 0�. � V s g 5� page 2
<br />liabilities, damages, penalties, and expenses which Lander may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br />not the sama was or should have been known to Trustor. The provisions of this section of the Deed of 7rust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyanca of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br />in the Property, whether by foraclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting The generaliYy of the
<br />toregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. 7rustor shali not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consant. As a condition to the remova! ot any Improvements, Lender may raquire Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvemants with Improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon tha Real Property at alf
<br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br />compliance with the terms and conditions of this Deed of 7rust.
<br />Compliance with Govemmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br />ragulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br />Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during
<br />any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br />and so long as, in Lender's sole opinion, Lendar's interests in iha Property are not jeopardized. Lertder may require
<br />Trustor to post adequate securiry 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 ali other
<br />acts, in addition to those acts set forth above in this section, which from the character and use of the Properky are
<br />reasonably necessary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br />secured by this Deed ot Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br />Real Property, or any interest in the Real Proparty. A"sale or transfer" means the conveyanca of Real Property or any
<br />right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial intarest in
<br />or to any (and trust holding title to the Real Property, or by any other method ot conveyance of an interest in the Real
<br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federai law or by
<br />Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Daed of
<br />Trust:
<br />Payment. Trustor shall pay when due land in aII events prior io delinquency) all taxes, special taxes, assassments,
<br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or materiaf furnished to the Property. Trustor
<br />shall maintain the Property free of a!! liens having priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the lien of taxas and assessments not due and except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, 7rustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br />within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' faes, or other charges that could accrue as a
<br />result of a foreclosure or safe under the lien. In any contest, Trustor shal! defend itself and Lender and shal! saiisfy
<br />any adversa judgment before enforcement against the Property. Trustor shall name Lander as an additional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of tf�e taxes
<br />or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br />statement of tha taxes and assessments against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materiatmen's tien, or
<br />other lian couid be asserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender advance assurancas satisfactory to Lender that Trustor can and will pay the cost of such
<br />improvemants.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Maintertance of Insurance. Trustor shall procure and maintain policies of fira insuranca with standard extended
<br />coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
<br />Property in an amount sufficient to avoid appfication of any coinsurance ctause, and with a standard mortgagee
<br />clause in tavor of Lender, together with such othar hazard and liability insuranca as Lender may reasonably requira.
<br />Policies shall be written in form, amounts, coverages and basis reasonably ecceptable to Lender and issued by a
<br />company or companies reasonabfy acceptabla to Lendar. Trustor, upon request of Lender, wiN de!lver to Lender
<br />from time to time the policies or certificatas of insurance in form satisfactory to Lender, including stipulations that
<br />coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Eech
<br />insurance policy also shaff include an endorsamant providing that coverage in tavor ot Lender will not be impaired
<br />in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in
<br />an area designated by the Director of tha Federal Emergency Management Agency as a special flood hazard area,
<br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by
<br />Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan
<br />and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood
<br />(nsurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shsll promptly notity Lender of any loss or damage to the Property. Lender may
<br />make proof of loss if Trustor faiis to do so within fifteen (15) days of the casualty. Whether or not Lender's
<br />security is impaired, Lender may, at Lender's elaction, receive and retain the proceeds of any insurance and apply
<br />the proceeds to the reduction ot the Indebtedness, payment of any lien affecting the Property, or the restoration
<br />and repair of the Property. If Lender elects to apply the procaeds to restoration and repair, Trustor shall repair or
<br />replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
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