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201107948
<br /> DEED OF TRUST
<br /> Loan No: 10000287 (Con$inued) Page 2
<br /> investigating the Property for Hazardous Substances. Trustor herehy (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or otfier costs under
<br /> any such laws;and (2) agrees to indemnify,defend,and hold harmless Lender against any and all claims;losses,
<br /> liabilities,damages,penalties,and expenses which Lender may directly or intlirectly sustain or suffer resulting from
<br /> a breach of this section of the�eed of Trust or as a consequence ofi any use,generation,manufacture,storage,
<br /> disposal,release or threatened release occurring priot m Trustor's ownership or interest in the Property,whether or
<br /> not the same was or should have been known to Trustor. The provisions of this secfion of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance 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 foreclosure 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 Proper[y. Without limiting the generality of the
<br /> foregoing,Trustor will not remove,or grant m 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. TrusYOr shall not demolish or remove any Improvements from the Real Properry without
<br /> Lender's prior written consent. As a condition to the removal of any Improvements,Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<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 Trust. ,
<br /> Compliance wRh Governmental Requirements. Trustor shall promptty comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all govemmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may coniest in good faith any such law,ordinance,or Fegulation and withhold compliance during
<br /> any proceeding,including appropriate appeals,so long as Trustor has notified Lentler in writing prior to doing so
<br /> and so long as,in Lender's sole opinion,Lender's interesYS in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond,reasonably satisfaciory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the Proper[y. Trustor shall do all other �
<br /> acts,in addition to those acts set forth above in this section,which from the character and use of the Property are
<br /> - reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at Lentler's option,declare immediately due and payable ail sums
<br /> secured by this Deed of Ttust 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 Property. A"sale or transfeP'means the conveyance of Real Property or any
<br /> right, fitle or interest in the Real Property; whether legal; beneficial or equitable; whether voluntary or involuntery;
<br /> whether by ouiright sale, deed, installment sale contract, land contract, co�Vact for deed, leasehold interest with a
<br /> term greater than three(3)years,lease-option co�tract,or 6y sale,assignment,or trensfer of any beneficial interest in
<br /> or to any land trust hoiding tftle to the Real 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 federal 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 Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due(and in all events prior to delinquency)all taxes,special taxes,assessments,
<br /> charges(including water and sewerl,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 material fumished to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of
<br /> Ttust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to
<br /> below,and except as otherwise 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
<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,Trustor 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 af 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 attomeys'fees,or other charges that coultl acc�ue as a
<br /> resWt of a foredosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment before enfo�rcement against the Property. Trustor shall name Lender 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 the taxes
<br /> or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assessmentS against the Property.
<br /> Notice of Construction. Trustor sliall 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,materialmen's lien,or
<br /> other lien could be asserted on account of the work,services, or materials. Trustor will upon request ofi Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can antl will pay the cost of such
<br /> improvements.
<br /> PRQPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of tFiis Deed of
<br /> Trust �
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the fuli insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a stand�ard mortgagee
<br /> ciause in favor of Lender,together with such other hazard and liability insurance as Lender may reasonably require.
<br /> POlicies shall be written in form,amounts,coverages and basis reasonably acceptable to Lender and issued 6y a
<br /> company or companies reasonabiy acceptable To Lender. Trustor,upon request of Lender,will deliver to Lender
<br /> from time to time the policies or certificates of insuranee in form satisfactory to Lender,including stipulations that
<br /> coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
<br /> insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired
<br /> in any way by any act,omission or defauit ofi Trustor or any other person. Shoultl the Real Property be located in
<br /> an atea desigriated by the Director of the Federal Emergency Management Agency as a special flood hazard area,
<br /> Trustor agrees to obtain and maintain Federal Flood Insurance,if available,for the full unpaid principal balance of
<br /> the loan and.any prior liens on the property securing the loan, up to the maximum policy limits set under the
<br /> National Rood Insurance Program,or as otherwise required by Lender,and to maintain such insurance for the term
<br /> of the loan.
<br /> Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may
<br /> make proof of Inss if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's
<br /> security is impaired,Lender may,at Lender's election,receive and retain the proceeds of any insurance and apply
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