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� 201109707
<br /> DEED OF TRUST
<br /> Loan YUo: 810281 [Continued) Page 2
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, �b1 any use,
<br /> generation, manufacture,storage,treatment,disposal,release or theeatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigaiion or claims of any kind by any perscn relating to such matters;and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (al neithe�Trustor nor any tenant,contractor,ageni 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 activity shall be conducted in compliance with
<br /> all 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 /> inspeciions and tests, at Trustot'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 shail not be construed to create any responsi6ility or liabitity 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 claims
<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 indemnify,defend,and hold harmless Lender against any and all claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may directty or indirectly 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,siorage,
<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 Deed of Trusc and shall noe be affected by Lender's acquisitio�of any iMerest
<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(induding
<br /> oil and gas},coai,clay,scoria,soil,gravel or rocic products without Lender's prior written consent.
<br /> Removal 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 artangements 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 Yimes to attend to Lender's interests and to inspect the Reai Property for purposes of Trustor's
<br /> compliance with the terms and condiCions of this Deed of Trust.
<br /> Compliance witlt Governmental Requirements. Trustor shall prompily comply with all laws, ortlinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupency 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,inciuding appropriate appeals,
<br /> sa long as Trustor has notified Lender in writing prior to doing so and so long as;in Lender's sole opinion,Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor 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 Properry. Trustor shall do all other
<br /> acts,in addition to those acts set forth a6ove in this section,which from the character 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 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 voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, coniract for deed, leasehold interest with a
<br /> term greater than three(3}years,lease-option conYract,or 6y sale,assignment,or trensfer of any benefiicial 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 /> Nebrasf<a 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(including water and sewer),fines and impositions levied against or on account of the Property,and shall
<br /> pay when due all claims fot work done on or for services rendered or material furnished to the Property. Trustor
<br /> shall 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 withhoid paym��ent 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 (15) days after the lien arises or, if a lien is filed,
<br /> within fiftee�(15) days afte�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 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 contest,Trustor shall defend itself and Lender and sha0 satisfy
<br /> any adverse judgment befote 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 Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shali authorize the appropriate govemmental official to deliver to Lender at any time a written
<br /> sta:ement of the taxes and assessments against the Property.
<br /> Notice of Construction. Trustor shall notify Lender at least fifteen (1 51 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 /> other lien could be asserted on account of the work, services,or materials. Trustor will upo�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 extendetl
<br /> coverage endorsements on a replacemerrt basis for the full insurable value covering all Improvements on the Real
<br /> Property in an arriount 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 liability insurance in such
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