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201200123
<br /> DEED OF TRUST
<br /> Loan No: 870295 (Contlnued) Page 2
<br /> generation,manufacture, storage,treatment,disposal, release or threatened release of any Hazardous Substance �
<br /> on, under., about or from the Property by any prior owners or occopants of the Property, or {c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br /> disdosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,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 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 a�d its agents to enter upon the Property to make such
<br /> inspections and tesYS, 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 /> putposes only and shall not be construed to c�eate 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 claims
<br /> against Lender for indemnity or co�tribution in the event Trusto�r 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 al�l claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a 6reach of this section of the Deed of TrusY 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 6een 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 Trust and shall not be affected by Lender's acquisition of any interesf
<br /> in the Property,whether by foreclosute or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct ar permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Property oF any portion of the Property. Without limiting the generality of the
<br /> foregoing,Trustor will not remove,or graM to any other party the right to remove,any timber;minerals�including
<br /> oil and gas),coal,clay,scoria,soil,gravel or rock products without LendePS prior written consent.
<br /> Removal of Irnprovements. Trustor shall not demolish or remove any Improvements from the Reai Property without
<br /> Lender's prior written consent. As a condition to the removal 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 ali
<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 Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, nouv or hereafter in effect, of all govemmental authorities applicable to the use or occupancy of the
<br /> Property,induding without limitation,the Americans With Disabilities Act.. Trustot 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 Lender's sole opinion,Lende�'s
<br /> interests in the Property are not jeopardiied. 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 Property. Trusior shall do all other
<br /> acts,in addition to those acts set forth above in this section,which from the charactet 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 tlie
<br /> Real Prope�ty,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 legai, beneficial or equita6le; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three(3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in
<br /> or to any land Yrust 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 prohi6ited by federal law or 6y
<br /> Nebraska 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 eveMS 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 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 priority ouer 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 withhold payment of any tax,assessment,or clai�m in connection with a good faith
<br /> dispute ove�ihe 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 U 5) 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 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 contesY,Trustor shaii 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 rurnished in the contest proceedings.
<br /> Evidence of Payment Trustor shall upon demand furnish to Lendar satisfactory evidence of payment of the taxes
<br /> or assassments and shall authorize the appropriate governmental official to 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(15)days before any work is commenced,any
<br /> services are furnished,or any maYerials 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 materiats. Trustor wifl upon request of Lender
<br /> furnish to Lender advance assurances satisfiactory 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 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 coinsurance dause, and with a standard mortgagee
<br /> . clause in favor oi Lender. Trustor shall also procure and maintain comprehensive general lia6ility insurance in such
<br /> coverage amounts as Lender may request with Trustee and Lender being named as adtlieional insureds in such
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