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201109703
<br /> DEED OF TRUST
<br /> Loan fUo: 8T0280 (COn#Inued) Page 2
<br /> (2) Trustor has no Icno�vledge of, or reason to believe that there has been,except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a1 any breach or violation of any Environmental Laws, (b) any use,
<br /> generation,manufacture,storage,treaiment, disposal, release or threatened release of any Hazardous Su6stance
<br /> on, under, about or from the Property tiy any prior ovuners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or claims of any Icind by any person relating to such matters; and (3) Except as previously
<br /> � disclosed to and acl<nowledged by Lentler in writing, (a) neither Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shafl use,generate,manufiacture,store,treat,dispose of or release any Hazardous
<br /> Substance on„under,about or from the�Property;and (b) any such aciivity strall be conducted in compliance wlth
<br /> all app}icable 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 tletermine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspecYions or tests made by Lender shall be fior Lenders
<br /> purposes only and shall not be construed to create any responsibility or liatiility on the part of Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (7) releases and waives any future daims
<br /> against Lender for indemnity or coMribution in the event Trustor becomes liable for deanup or other costs under
<br /> any such laws;and (2) agrees to indemnify,defend,and hold harmiess Lender against any and all claims,losses,
<br /> liabilities,damages,penaliies,and expenses which Lend�er may directly or indirectly sustain or suffer resulting from
<br /> a breach of tfiis 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�oF
<br /> not the same was or should have been known to Trustor. The provisinns 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 Deed of Trust and shall not be affected 6y Lender's acquisition of any interest
<br /> in the Property,whether by foredosure or otherwise.
<br /> Nuisance, Waste. Trustor shall nof cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> st�ipping of or waste on or to the Proper[y 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 gas1;coal,clay,scoria,soil,grevel or rock products without Lender's prior written consent.
<br /> Remova!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 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 tepresentatives 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 with Govemmental Requirements.. Trustor shall promptly comply with all laws, ordinances, and �
<br /> regulations, now or hereafter in effect, of all govemmental autharities appticable to the use or occupancy of the
<br /> Property,incWding without limitation,the Americans VVith Disabilities Act. Trustor may contest in go�od faith any
<br /> such law, ordinance,or regul.ation and wiihhold compliance during any proceeding,including appropriate appeals,
<br /> so long as Trustor has noiified Lender in writing prior tc doing so and so long as,in Lender's sole opinion,Lender's
<br /> interesTS in'the Praperty are not�eopardized. Lender may require Trustor to post adequate security or a surery
<br /> bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon orleave unattended the Property. Trustor shall do all oiher
<br /> acts,in addition to those acts set forth above in this secti�.on,which from the character and use of the Property are
<br /> reasonably necessary to protect and preserve th.e Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's opYion,declare i�mmediately due and payable all sums
<br /> secured by�this Deed of Trust upon the sale or transfer,without Lender's prior written consent,of a:ll or any part of the
<br /> Real Property,or any interest in the Reai 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 voluntary or involuntary;
<br /> whether by outright sale, deed, installment.sale contract, land contract, coMract for deed, leasehold interest with a
<br /> term greater than three(3�yeare,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 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,assessmeMS,
<br /> charges(induding water and sewer),fines and impositions levied.against or on account of the Property,and shall ��
<br /> pay when due all daims for work done on or for seNices rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all 4iens having prioriy over or equal to the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments noY 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 daim 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 (151 tlays 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 surery 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 o�sale under the lien. In a�y contesL Trusmr shail defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement againsY the Property. Trustor shafl name Lender as an additional obligee
<br /> under any surety bond furnished in the confest 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 shall notify Lendet at'east fifteen(151 days before any work is commenced,any
<br /> services are turnished,or any materials are supplied to the Property,if any mechanic's lien,materialmen's lien,or
<br /> otherlien 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 lnsurance. Trustor shall procure and maintain policies of fire insurance with standard e�ctendetl
<br /> coverage endorsements on a replacement basis fo�the full insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause,and with a standard mortgagee
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