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201200629
<br /> DEED Of TRUST
<br /> Loan No: 872058423 (Continued) Page 2
<br /> disclosed to and acknowledged by Lender in v✓riYing, (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 activiYy shall be conducted in compliance wiih
<br /> all applicable federal, state, and local laws, regulations and ordinances, induding without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents Yo entet upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compl7ance 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 /> p�rposes only and shall not be consvued to create any responsibility or liability on the part of Lender to Trustor or
<br /> . to any other person. The represe�tations 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 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 afl claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may direcily or indirectly sustain¢r 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 inte�est in the Property,whether or
<br /> not the same was or should have bee:n known to Trustot. 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 6eed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property,whether by foreciosure or otherwise.
<br /> Nuisance, Waste. Trusto�shall not cause, conduct or permit any nuisance nor eommit, permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of the Property. Wthout limiting the ge�erality of the
<br /> foregoing,Trustor will not remove,or grant to any other par[y the right to remove,any timber,minerals(including
<br /> Dil and gasL coal,clay,scoria,soil,gravel or rock�products without Lender's prior written consent.
<br /> Removal of Improvements. 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 Improvements,Lender may require Trustor to
<br /> make arrengements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and LendePs agents and representatives may enter upon the Reai Property at all
<br /> reasonable times to attend to Lender's interesYs 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,now or hereafter in effect,of ali gouernmental authorities applicable to the use or occupancy of the
<br /> Property. Trusror may cantest in good faith any such law,ordinance,.or regulation and withhold compliance during
<br /> any proceeding,including appropriate appeals,so long as Trustor has notifietl Lender in writing prior to doing so
<br /> and so long as,in Lender's sole opinion,Lender's interesis in the Property are not�eopardized. 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 a6andan or leave unattended the Property. Trustor shall do all other
<br /> acts,in addition to those acts set forth a6ove in this section,which from Yhe 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,dedare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfer,without Lender's pYior 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, be�eficial or equita6le; whether voluntary or involuntary;
<br /> whether by outright sale,deed, installment sale contract, land contrect, contract for deed, leasehold interest wiYh a
<br /> Yerm greater than three C3)years,lease-option contraet,or by sale,assignment,or transfer of any beneficial interest in
<br /> or to any land trust holding title to the Real Property,or by any other method of conveyance of an i�terest in the Real
<br /> Property. However, this option shall noY be exercised by Lender if such exercise is prohibited by 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,special tazes,assessments,
<br /> charges�inclutling 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 se�vices rendered or material furnished 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 /> Trust, except for the lien of taxes and assessments not due, except for the F�cisting Indebtedness referred to
<br /> below,and except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhofd payment o#any taz,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 within 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 security satisfactory ao 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 /> resuli of a fioredosure or sale under the lien. In any contest,Trustar sh�all defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor sha.11 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 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 Cons4ruction. Trustor shall notify Lender at least fifteen(75)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 /> othe�lien could be asserted on account of the work,services,or 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 /> PROPERTV DAMAGE INSURANCE. The following ptovisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain poficies of fire insurance with standard eMended
<br /> coverage endorsements on a replacemeni 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 /> dause in favor of Lender,together with such other hazard and li.ability insurance as Lender may reasonably require.
<br /> Policies shall be 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,includi�g stipulations that
<br /> coverages will not 6e cancelled or diminishe.d without at least ten (70)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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