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201200607
<br /> DEED OF TRUST
<br /> Loan No:872058449 (Continued) Page 2
<br /> disclosed to and acknowledged by Lende�in writing, (a) neither Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Properry shall use,generate,manufacTUre,store,treat,dispose of or release any Hazardous
<br /> Substance on,under,about or from the Property;and Ib) a�y such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws; regulations and ordinances, inclutling 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 YM1is section of the Deed of Trust. Any inspections or tests made hy Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsibi:lity 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 daims
<br /> � against Lender for indemrtity 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 againsc any and all ciaims,losses,
<br /> lia6ilities,damages,penalties,and expenses which Lender may directly or indirectly 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 /> 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 ofi the Deed of Trust,
<br /> including ihe obligafion to indemnify and defend,shall survive the payment of the Indebtetlness and the satisfaction
<br /> and reconveyance of the lien of this�eed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustof shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of o�waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br /> foregoing,Trustor will not temove,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 products without Lender's prior written conseM.
<br /> Removal of Improvements. Trustor shall not demolish or remove any 4mprovements 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 arrangements saCisfactory to Lender to replace such Improvements with Improvements of aY least equal
<br /> vafue.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br /> reasona6le 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 camply with all Iaws, ordinances, and
<br /> regulations, now or hereafter in effect,of all governmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may coniest in good faith any such law,ordinance,or regulation and withhold compiiance during
<br /> any proceeding,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 inierests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unatEended the Property. Trustor shall do all other
<br /> acts,in addition 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 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, beneficPal 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 heneficiai interest iri
<br /> or to any land trust holding Yitle 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 6y federal law or by
<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 events prior to delinquency)all taxes,speciaf taxes,assessments,
<br /> charges(including water and sewerl,fines and impositions levied against or on account of the Property,and shall
<br /> pay when due all claims for work done on orfor services rendered or materiatfurnished 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 /> Tmst, 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 daim in connection with a good faith
<br /> dispute over the oBligation to pay,so I�ong 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 i75) days after the lien arises or, if a lien is filetl,
<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 witfi 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 shall 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 coniest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furntsh to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate govemmental official to deliver m 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 fumished,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,o�materials. Trustor will upon 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 stantlard extended
<br /> coverage endorsemenYS 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 clause, and with a standard mortgagee
<br /> clause in favor of Lender,togetFier with such other hazard and liabifity insurance as Lender may reasonably require.
<br /> Policies shall 6e written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably 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
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