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201109475
<br /> DEED OF TRUST
<br /> Loan No:810287 (Continued) Page 2
<br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br /> replacements,and maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br /> Trustor's ownership of the ProperGy,there has been no use,generation,manufacture,storage,treatment,disposal,
<br /> release orthreatened release of any Haza�dous Substance by any person on, under,about orfrom the Property;
<br /> (21 Trustor has no knowledge of, or reason to believe that there has been,except as previously disclosed to and
<br /> acknowledged by Lender in writing, ia) any breach or violation of any Environ�mental Laws, (b) any use,
<br /> generetion, manufacture,storage,Veatment,disposal, telease or th�eatened release of any Hazardous Substance
<br /> on, untler, a6out or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> Threatened litigation or ciaims of any kind by any person relating to such matters;and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenarrt,contractor,agent ot other
<br /> authorized user of the Property shall use,generaYe,manufacture,store,treat,dispose of or release any Hazardous
<br /> Substance on,u�der,about or from the Property;and (b) any such activity shall be conducted ln compliance with
<br /> ali applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this secTion of the Deetl of Trust. Any inspections or tests made 6y Lender shall be far Lender's
<br /> purposes only and shall not be construed to create any responsibiiity or lia6ility on the part of Lender to Trustor or
<br /> to any oiher person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1� releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor bewmes liable for cleanup or other costs under
<br /> any such laws;and (2) agrees to indemnify,defend,and hold harmless Lender against any and all claims,losses,
<br /> liabitities,damages,penalties,antl expenses which Lender may direcUy or indirectly sustain or suffer resulting from
<br /> a 6reach of this section of the Deed of Trust or as a consequence of any use,generation,manufacture,storage,
<br /> disposai,release or threatened release occurring prior to Trustor's ownership or interest in the Property,whether or
<br /> not the same was or should ha�e 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 liert of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property,whether by foreclasure 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 /> foregoi�g,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 p�oducts without Lender's prior written consent..
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from the R.eal 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 ImprovemenYS with Improvements of at least equal
<br /> value.
<br /> Lender's Right to Errter. 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 /> compiiance wiih the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. 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,i�eluding without limitation,the Americans Nlith Disatiilities 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 in wriiing prior to tloing so and so long as,in Lender's sole opini.on,Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br /> bond,�easona6ly satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor sYiall do ail 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 /> Construction Loan. If some or ali ofi the proceeds of the loan creating the Indebtedness are to be used to construct
<br /> or complete construction of any Improvements on the Property,the Improvements shall be completed no later than
<br /> the maturity date of the Note(or such earlier date as Lender may reasona6ly establish)and Trustor shall pay in full
<br /> all costs and expenses in connection with the worl<. Lentler will disburse loan proceeds under such terms and
<br /> conditions as Lender may deem reasona6ly necessary to insure that the inteTest created by this Deed of Trust shali
<br /> have priority over all possible Iiens,including those of material suppliers and workmen. Lender may require,among
<br /> other things, ihat disbursement requests be supported by receipted bil4s, expense affidavits, waivers of liens,
<br /> construction progress reports,and such other documentation as Lender may reasonably request: .
<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 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, beneficial or equitable; whether voluMary or involuntary;
<br /> whether by outright sale; deed, instaliment sale coMract, land contract,. contract for deed, leasehold interest wi2h a
<br /> term greater than three(3�years,lease-optioo 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 meYhod of conveyance of an interest in the Real
<br /> Property. However,this option shaii not be exercised by Lender if sucfi 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(includ�ing water and sewer),fines and impositions levied against or on account of the Property,and shall
<br /> pay when due aU 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 unde�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 faifh
<br /> dispute over the obiigation to pay,so loog 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 fi'led,
<br /> within fifteen (1 5)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 securiry satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys'fees;or other charges that could acerue as a
<br /> result 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 enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Paymerit. Trustor shall upon demand furnisli to Lender satisfactory evidence of payment of the taxes
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