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201109750
<br /> DEED OF TRUST
<br /> Loan No: 10000931 (COYltillue[!) Page 2
<br /> Su6stance on,under,about or from the Property;and 161 any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, inctuding 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 tiiis section of the Deed of Trust. Any inspecYions or tesfs made 6y Lender shall be for Lender's
<br /> purposes only and shall not be construed io create any respansibility 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 i❑
<br /> investigating the Property for Hazardous Substances. Trustor liereby (11 releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for deanup 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 directly or indire�tly 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,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 /> including the obli.gation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of ihis Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property,whether 6y foreclosure or otherwise.
<br /> Nuisance, Waste. Trusto� shall not cause, conduct or permit any nuisance �ior 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 gra�t to any other party the right to remove,any timber,minerals(inclutling
<br /> oil and gas),coal,clay,scoria,soil,gravel o�rock products without Lender's prior written conseM.
<br /> Removal of lmnrovements. 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 ImprovemeMS,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 /> reasonahle times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br /> compliance with�the terms and co:ndi�[ions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shail promptiy comply with ail laws, ordinances, aod
<br /> regulations,now or hereafter in effect, of all governmental auihorities applicable to the use or occupancy of ihe
<br /> Property. TrusYOr may contest in good faith any such law,ortlinance,or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeais, 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 /> TrusYOr to post adequate security or a surety bontl,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,i�addition m 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 all of the proceeds of the loan creating the Indebtedness are to be used to consYruct
<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 Lende�may reasona6ly estabiish)and Tiustor shall pay in full
<br /> all costs and expenses in connection with the work. Lender wiil dis6urse loan proceeds under such terms and
<br /> conditions as Lender may deem reasona6ly necessary to insure that the interest created by this Deed of Trust shall
<br /> have priority over all possibie liens,including those of material suppliers and workmen. Lender may require,among�
<br /> other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens,
<br /> construction progress reports,and such other documentation as Lender may reasona6ly request.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare immediately due and paya6le all sums
<br /> secured 6y this Deed of Trust upon ihe sale or transfer,wiihout Lender's prior written consent,of all ar any part of ihe
<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, contract ior deed, leasehold interest with a
<br /> term greater than three(3)years,lease-option contract,or by sale,assignment,or ts'ansfer of any beneficial interest in
<br /> or to a�y land trust holding title to the Real Property,or by any other method of conveyance of an interest in the Real
<br /> Property, However,Yhis option shall not be exercised by Lender if such exercise is prohibited by federal law or by
<br /> Nebraska 1aw.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed ofi
<br /> Trust:
<br /> Payment. Trustor shall pay when due(and in all events prior to delinquency)all taxes,special taxes,assessments,
<br /> charges(induding water and sewer),fines and impositions levied against or on account of the Property,antl shall
<br /> pay when due all claims for work done on or for seroices rendered or material furnished to the Property. Trustar
<br /> shall maintain the Property free of all liens having priority over or equal to the in4erest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due, except for the Ezisting Indebtedness referred to
<br /> below,and�except as otherwise provided in this Deed of Trust. �
<br /> Right to Contest. Trustor may withhold payment of an/tax,assessment,or claim 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 wfthin fifteen (15) days 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 surety bond or other securiry satisfactory to Lender in an
<br /> amount sufiicient 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 sBall 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 Payment. Trustor shall upon demand furnish to Lender saYisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate govemmental official to deliver to Lender at any time a evritten
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construction. Trustor shall notify Lender at 12ast fifteen(95)days befoie any work is co.mmenced,any
<br /> services are furnished,or any materials are supplied to the Property,if any mechanids lien,materialmen's lien,or
<br /> other lien could be asserted on account of the work,services,or materials. Trusto�r will upon request of Lender
<br /> fumish 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 /> Maitrtenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard eziended -
<br /> coverage entlorsements on a replacement basis for the full insura6le 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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