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201109048
<br /> DEED OF TRUST
<br /> Loan No: 10000741 (ContinUed) Page 2
<br /> any such laws;and (2) agrees to indemnify,defend,and hold harmless Lender against any and all claims,losses,
<br /> liabilities,damages,pensities,and expenses which Lender may directly or indirecYly 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 /> disposai,refease or threatened telease occurring priot to 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 section ofi the Deed of Trust,
<br /> inclutling the obligation to intlem�nify 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 tiy LendeYs 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 Property. Without limiting the generality of the
<br /> foregoing,Trustor will not remove,or grant to any other party the right to remove,any timber,minerals�including
<br /> oil and gas),coa.l,day,scoria,soil,gravel or rock prod�ucts without Lender's prior written consent.
<br /> . Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Reai Property 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 agenYS 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 Dsed of Trust.
<br /> Compliance with Governmental RequiremeMS. "Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, 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 appropriaxe appeals,so long as Trustor has notified Lender in writing prior to doing so
<br /> and so long as,in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattentled the Property. Trusmr shall do all other
<br /> acts,in addition to those acts set forih above in this section,which from the character and use of the Property are
<br /> reasonably necessary to protect and preserve the Properry.
<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 of Trust upon the sale or transfer,without Lender's prior written consent,of all or any part of the
<br /> Real Property,or any interesi i�the Real Property. A"sale or transfer"means the conveyance of Real Property or any
<br /> right, title or interest in the Real Property; whether legal, beneficial or equitabie; whether volurttary or involuntary;
<br /> whether by outright sale, deed, installment sale contrect, land contract, contract for deed, leasehold interest with a
<br /> term�greater than three(31 years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in
<br /> or to any land trust holding title to the Real Property,or by any other method ofi conveyance o#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 /> YAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> PaymeM. Trustor shall pay when due(and in all events prior to delinquency)all taxes,special taxes,assessments,
<br /> charges(induding 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 furnished to the Property. Trustor
<br /> shaH maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes 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. fF a lien arises or
<br /> is filed as a result of nonpayment,Trustor shall within fifteen (15) days af[er 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 ifi requested by
<br /> Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount suffiaient to discharge the lien plus any costs and attomeys'fees,or other charges that could accrue as a
<br /> result of a foreclosure or sale under the lien. In any contest.Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall�name Lender as an additional obligee
<br /> under any surety bond fiurnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon tlemand 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 Proper[y. -
<br /> Notice of Construction. Trustor shall notify Lender at least fifteen (15)days before any work is commenced,any
<br /> seroices are furnished,or any mate�ials 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 of Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> � improvements. �
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relavng to insuring the Property are a part of this 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 full insurable value covering all Improvements on the Real
<br /> Properry in an amount sufficient to avoid application of any coinsurance clause;and with a standard mortgagee
<br /> clause in favor of Lender,together with such other hazard and liability insurance as Lende�may reasonably require.
<br /> Policies shall be written in form, amounts,coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender,will deliver to Lender
<br /> from time to time the policies or certificates of insurance 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 i�ciude an endorsement providing that coverage in favor of Lender will not be impaired
<br /> in any way by any act,omission or default of Trustor or any oYher person. Should the Real Property be located in
<br /> an area designated by Yhe Director of the Federal Emergency Management Agency as a special flood hazard area,
<br /> Trustor agrees to obiain and maintain Federal Rood Insurance, if available,for the full unpaid principal balance of
<br /> the loan and any prior liens on the property securing che loan, up to the maximum policy limits set under the
<br /> National Flood Insurance Program,or as otherwise required by Lender,and to maintain such insurance for the term
<br /> of the loan.
<br /> Applecation of Proceeds. Trustor shall promptly notify L2nder of any loss or damage to the PYOperty. Le�der may �
<br /> mal<e proof of loss 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
<br /> the proceeds to the reduction of the Indebtedness, payment of any lien affecti.ng the Property, or the restoration
<br /> and repair of the Property. If Lender elects to apply the proceeds to restoraYion and repair,Trustor shall repair or
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