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201109704
<br /> DEED OF TRUST
<br /> Loan No: 810286 (Continued) Page 2
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trusmr nor any tenant,coMrector,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous
<br /> Substance on,under,about or from the Property;and (b) any such acti�ity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, including without IimitaTion 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 Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability 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 (1) releases and waives any future daims
<br /> against�ender for indemnity or contribution in the event Trustor becomes 1ia61e 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 /> liabilities,damages,penalties,and expenses whicfi Lender may directly or indirectly sustain or suffer resulting from
<br /> a 6reach ofi this 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 or
<br /> not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> induding the obiigation 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 byforeclosvre 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 righY to remove,any timber,minerals (iacluding
<br /> oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall not demofish or remove any Improvements from the Real Property without
<br /> Lender's prior written consent. As a condition to the�emoval 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 wiYh 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,ofi all governmental authorities applicable to the use or occupancy of the
<br /> Property,inciuding 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 in writing prior to doing so and so long as,in Lendet's sole opinion,Lender's
<br /> interests in the Property are not jeopardized. Lender may require TrusYOr to post adequate security or a surety
<br /> bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br /> acts,in addition to those acts set forth a6ove in this section,which from the charecter 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 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 ail or any part of the
<br /> Real Property,or any interest in the Real Property. A"sale or transfer"means the conveyance of Real Properiy or any
<br /> right> title or interest in the Real Property; whetfier legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, i�stallment sale contract; land contracY., contract for deed, leasehold interest with a
<br /> term greater than three(3)years,lease-option contract,or by sale,assignment,or transfe�of any beneficial interest in
<br /> or to any land trust holding title to the Real Properiy,ar 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 Prvperty are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall.pay when due(and in all events prior to delinquencyl all taxes,special taxes,assessments,
<br /> charges(including water and.sewe�),fines and impositions levied against or on account of the Property,and shall
<br /> pay when due all claims for work done on or tor services rendered or material furnished to ihe Property. Trustor
<br /> shall maintain the Property free of all liens having priori�:y over or equal to the interest of Lender under this Deed of
<br /> Trust, 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 witFihold payment of any tax,assessment,or claim in wnnection with a good faith
<br /> dispute over the obligation to pay,so bng 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 days after the lien arises or,if a lien is filed,
<br /> within fifteen (75)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 corporzte surety bond or oYher 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 lien. In any conxest,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 sure#y bond fumished in the contest proceedings.
<br /> Evidence of Payment.. Trustor shall upon dernand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessmeMS and shall authorize the appropnate govemmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of ConstrucYion. T�ustor shall 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 /> otherlien could be asserted on account of the work, services,ot 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 Properry are a part of this Deed of
<br /> Trust.
<br /> MaiMenance 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 /> Property in an amount sufficient to avoid application of any coinsurence clause, and with a standard mortgagee
<br /> clause in favor of Lender. Trustor shall aiso procure and maintain comprehensive general liability insurance in such
<br /> coverage amounts as Lentler may request with Trustee and Lender being named as additional insureds in such
<br /> liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to
<br /> hazard,business interruption,and boiler insurance,as Lender may reasonatily require. Policies shafl be written in
<br /> form, amounts, covereges and. basis reasonably acceptable to Lender and issued by a company or companies
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