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201200047
<br /> DEED OF TRUST
<br /> Loan No: 810292 (COntlnued) Page 2
<br /> generation, manufacture,storage,treatment,disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about cr from the Property by any prior owners or occupants of the Property, or ic) any actual or
<br /> threatened I�itigation or claims of any kind by any person relating to such matters;and (3) Except as previousiy
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contractbr,agent or other
<br /> authorized user of the Property shail use,generate,manufacture,store,treat,dispose of or release any Hazardous
<br /> Substance on,under,about or from the Property;2nd (b) any such activity shall be conducted in compliance with
<br /> all applicable iederal, state, and locai laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and iis agents to enter upon the Property to make such
<br /> inspections and tests, at Trustor's ezpense, as Lender may deem appropriate to determine compliance of the
<br /> Properiy wiYh Lhis section of the Deed of Trust. Any inspections or tests made by Lender shalf be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on ihe part of Lender to Trustor or
<br /> to any other person. The representations and warraniies contained herein are based on Trustor's due diligence in
<br /> invesYigating the Property for Hazartlous Substanees. 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 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 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,storage,
<br /> disposal,release or threatened release occurring prior to Trustor's ownership or interest in the Property,whether or
<br /> no[the same was or should have been krrown to Trustor. The provisions of this section or the Deed of Trust,
<br /> including the obligation to indemnify and defend,shall survive the payment of the Inde6tedness and the satisfactio�
<br /> and reconveyance of tfie lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Properry,whether by foreclosure or otherwise.
<br /> � Ruisance, 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. Witliout 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 gas},coal,clay,scoria,soil,gravel or rod<producYs without Lender's prior written consent.
<br /> RemoVa!of Improvements. Trustar shall not demolish or remove any Improvements from the Real Property without
<br /> Lender's prior m�ritten consent. As a condition to the removal of any Improvements,Le�der may require Trustor to
<br /> mal<e arrangements satisfactory to Lender to replace such Improvements with Imptovements of at least equal
<br /> value.
<br /> Lender's Right to Enfer. Lender and Lender's agents and representatives may enter upon the Real Property aY 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 Governmental Requiremen'ts. Trustor shall promptly compfy wiih all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applioable to the use or occupancy of the
<br /> Property,including without limitation,the Americans With Disabilities Act Trustor may contest 9n 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 Lender's sole op�inion,Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surery
<br /> bond,reasonably satisfaciory 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 acYS 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�eed of Trust upon th0 sale or transfer,without Lender's prior written consent,of aIl or any part of the
<br /> Real Property,ot any interest in the Real Property. A"sale or transfer"means the conveyance of Real Property or any
<br /> right, title or interesY in the Real Property; whether legal, beneficiai or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale conVact, land contrect, contract for deed, leasehold interest witfi a
<br /> term greater than three(3)years,lease-opiion contract,or by sale,assignment,or transte�r of any beneficial interes2 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. If any Trustor is a corporati.on,partnership or limited liability company,transfer also includes any change in
<br /> ownership of more than twenty-five percent(25°�)of the voting stoelc,partnership inYerests or limited lia6ility company
<br /> interests,as the case may be,of such Trustor. However,this option shaIl not be exercised by Lender if such�exercisz
<br /> is prohibited by federal law or by Nebraska law.
<br /> TAXES AND LIENS. The follotving provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust
<br /> Payment. Ttustor shall pay when due(and in all evenis prior to delinquencyl 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 for worl<done on or for services rendered or material fumished to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority over or equal to the interest oi Lender under this�eed of
<br /> Trust, except for the lien of taxes and assessments not due, except for the Fxisting Indebtedness referred to
<br /> heloUi,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 conneciion with a good faith
<br /> dispute over the obligation to pay,so long as Lender's interest in the Property is riot jeopartlized. If a lien atises 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 tifteen(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 asufficient corporate surety bond or other sec�rity 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. T�ustor shall name Lender ss an additional obligee
<br /> under any surety bond turnished in ihe contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand fiurnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shatl authorize the appropriate governmental official io 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 Lender at least fifteen�151 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�n�ork,services,or materials. Trustor will upon request of Lender
<br /> fumish to Lender advance assurances sati�sfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements. -
<br /> PROPERTY�AMAGE INSURANCE. The fiollowing provisions relating to insuring the Property are a part of this Deed of -
<br /> Trust.
<br /> Maintenance of Insuranee, Trustor shall pracure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the full insurable value covering sll Improvements on Yhe Real
<br /> Property in an amount suFficient to avoid application of any coinsurance clause, and�with a standard mortgagee
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