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201109426
<br /> DEED OF TRUST
<br /> Loan No:810291 (Continued) Page 2
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws;and (2) agrees to indemniiy,defend,and hold harmless Lender against any and all claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may directly ot indirectly sustain or suffer resulting from
<br /> • � a breach of 2his section of the Deed ofi 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 same was or should have been known to Trustor. The provisions of this section 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�eed of Trust and shall not be affected by Lendsr's acquisition of any i�terest
<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),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent.
<br /> Remo�al of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lender's prior written consent. As a condition to the removal oP 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 Errter_ 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 wiih the terms and conditions of this Deed of Trust.
<br /> Campliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, antl
<br /> regulations, now or hereafter in eifect,of all govemmental authorities applicatile to the use or occupancy of the
<br /> Property, including without limitation,the Americans With DisabiliTies Act. Trustor may contest in good faith any
<br /> such law,ordinance,or regulation and withhold compliance during any proceeding,including appropriate appeals,
<br /> so long as Trustor has notified Lender jn writing prior to doing so and so long as,in Lender's sole opinion,LendePs
<br /> interests in the Property are not jeopardized. Lender may require T�ustor to post adequate security or a surety
<br /> bond,reasonahly satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shali do all other
<br /> acts,in addition to those acts set forth above in This section,which from the cBaracter and use of the Property are
<br /> reasonably necessary to proiect 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 of Trust upon the sale or transfer,without Lender's prior written consent,of all or any pari of tlie
<br /> Real Property,or any interest in 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, 6eneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale,�deed, installment sale contract, land contract, contract fior deed, leasehold interest with a
<br /> term gieater ihan three(3)years,lease-option contraci,or by sale,assignment,or transfer of any beneficial interest in
<br /> or to any land trust holding tftle to the Real Property,or by any othe�method of conveyance of an interest in the Real
<br /> Property. If any Ttustor is a corporation,partnership or limited liability company,trans#er also includes any change in
<br /> ownership of more than twenty-five percent(25%)of ihe voting stock,partnership interests or limited lia6ility company
<br /> interests,as the case may be,of such TrustoF. However,this option shall not be exercised 6y Lender if such exercise
<br /> is prohibited 6y federal law or by Nebraska law.
<br /> TAXES AND LIENS. The foflowing 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 sewer),fines and impositions levied against or on account of the Property,and shall
<br /> pay when due all claims for work tlone on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Properry free of all Iiens having priority over or equal to the interest of Lender under this Deed ofi
<br /> Trusi, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of
<br /> Trust.
<br /> Right to CoMest. Trustor may withhold payment of any tax,assessment,or claim in connection with a good faith
<br /> dispute over the ohligation 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 of the lien,or if requested by
<br /> Lendet,deposit with Lender cash or a sufficient corparate surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys'fees,or other charges that could accrue as a
<br /> result of a foreclosure or sale under the Iien. In any cQntest,Trustor shall defend.itself antl Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall oame Lender as an additi.onal obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trusmr shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessmeMS 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 ConstructBon. Trustor shall notify Lender at least fifteen(151 days before any work is commenced,any
<br /> services are fumished,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 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 relating 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 fair value basis for the full insurable value couering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause,and with a standard mortgagee
<br /> clause in favor of Lender. Trustor shall also procure and maintain comprehensive general fiability insurance in such
<br /> coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br /> liability insurance policies. Additi�onally,Trustor shall maintain such othar insurance, including but not limited to
<br /> hazard,business interruption,and boiler insurance,as Lender may reasonably require. Policies shall he written in
<br /> form, amounts, coverages and basis reasona6ly acceptable to Lender and issued by a company or companies
<br /> reasonably acceptable to Lender. Trustot, upon request of Lender, will deliver to Lender from time to time the
<br /> policies or certificates of insurance in form satisfactory to Lender,including stipulations that coverages will not be
<br /> cancelled or diminished without at least ten(10)days prior written notice m Lender. Each insurance policy also
<br /> shall indude an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act.
<br /> omission or default of Trustor or any other person. Should the Real Property be located in an area designated by
<br /> the Director of the Federal Emergency Management Agency as a special flood Yiazard area,Trustor agrees to obtain
<br /> antl maintain Federal Flood Insurance,if available, for the full unpaid principal balance of the loan and any prior
<br /> liens on the property securing the loan, up to the maximum policy limits set undet the National Flood Insurence
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