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� 201109747
<br /> DEED OF TRUST
<br /> Loan No: 10001021 (COntlnued) Page 2
<br /> authorized user of the Property shall use,generate,manufa�.cture,store,treat,dispose�of or release any Hazardous
<br /> Substance on,under,about or from the Property;and Ib) any such activity shall be conducted in compliance with
<br /> ail applicable federal, state, and local laws, regulations avd ordinances, including without limitation alI
<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 consirued to create any responsibility or liabiliry on the part of Lender to Trustor or
<br /> to any other person. The representations and wairanties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (11 releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other wsts 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 directly or indiPectly sustain or suffer resuiting from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use,generation, manufacture,storage,
<br /> tlisposal,release or threatened release occurring prior to Trustor's ownership or interest in the Property,wliether 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 /> antl reconveyance of the lien of this Deed of Trust aod shall not be affected by Lender's acquisition of any interest
<br /> in the Property,whether by foreclosure or otherwise.
<br /> Nuisance., Waste. Trustor shall not cause, contluct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Properry 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);coal,clay,scoria,soil,gravel or rock protlucts without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall not demolis6 or remave any Improvements from the Real Property without
<br /> Lender's prior written consent. As a co�dition to the removal of any Improvements,Lender may require Trustor to
<br /> ma�ke ar�angements satisfactory to Lender to replace such Improvements with Improvemenis of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents 2nd 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 with the terms and conditions of Yhis Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now o�hereafter in effect;of all govemmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law,ordinance,or regulation and withhold compliance during
<br /> any p�oceeding, including appropriate appeals,so long as Trustor has notified Lender in writing prior to doing so
<br /> � and so long as;in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trusxor to posE adequate security or a surety bond,reasonably satisfactory to Lentler,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 atldition 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 /> 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 a�y interest in the Real P�operty. A"sale or transfer"means the conveyance of Real Property or any �
<br /> right, title or interest in the Real Property; wheYher legal; beneficial or equita6le; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contrect for tleed, leasehold interest with a
<br /> term areater than three(31 years,lease-option contract,or by sale,assignment;or transier of any beneficial interest in
<br /> or to any fand 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 foilowing provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shali pay when due(and in all events prior to delinquencyl all taxes,special taxes,assessments,
<br /> charges(including water and sewer),fines and impositions levietl against or on account of the Property,and shall
<br /> pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens having prioriry over or equal to the interest of Lender under this Deed of
<br /> Trust, except fior the lien of taxes and assessments not due, ezcept for the Existing Indebtedness referted to
<br /> below,and except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax,assessment,or claim in connection with a goad 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 resWt of nonpayrnent,Trustor stiall within fifteen (15) days after the lien arises ot, 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 Le�der 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 shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond fumished 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 shall authorize the appropriate govemmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Gonstruction. Trustor shall notify Lender at least fifteen(15) days before any work is commenced,any
<br /> services are fuFnished,or any materials are supplied to the Property,if any mechanic's lien,materialmen's lien,or
<br /> other lien could be asserted on accoant of the work,services,or materials. TNstor will upon request of Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cosY of such
<br /> improvements.
<br /> PROPERTY bAMAGE 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 replacement basis for the fult i:nsura6le value covering all Improvements on Yhe 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,together with such other hazard and liability insurance as Lentler may reasonably require.
<br /> Policies shall be written in form,amouMS, coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonatrly acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> from time to time the policies or certificates of insurance in form satisfactory to�Lender,including stipulations that
<br /> coverages will not be cancelled or diminished without at least ten �10)days prior written notice to Lender. Each
<br /> insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired
<br /> in any way by any act,omission or default of Trustor or any other person. Should the Real Property be located in
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