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201200746
<br /> DEED OF TRUST
<br /> �oan No: 81000034 (Contlllued) Page 2
<br /> control of the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br /> replacements,and maintenance necessary to preserveits value.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br /> Trustor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,
<br /> release or threatened release of any Hazardous Substance by any person on, under,about or from the Property;
<br /> I21 Trustor has no knowledge of,or reason to believe that there has been,except as previously disclosed to a�d
<br /> acknowledged 6y Lender in writing, (a1 any breach or violation of any Environmental Laws, (b) any use,
<br /> generation, manufacture,storage,ireatmeni,disposal, release or threatened release of any Hazardous Substarice
<br /> on, under, about or from the Property by any prior owners or occupants ofi Yhe Property, or (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Excepi as previously
<br /> discbsed to and acknowledged-by Lender in writing, (a) neither Trustor nor any tenant,contractor,ageni or othe�
<br /> authorized user of t'tie Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous
<br /> Substance on,under,about or from the Property;and (6) any such activity shall be conducted in compliance with
<br /> aU applicable federal, state, and local laws, regulations and ordinances, induding 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 this section of the Deed of Trust. Any inspections or tests made by Lender shall 6e for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are 6ased on Trustor's due diligence in
<br /> investigating the Properfy for Hazardous Subsiances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for intlemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws;and (2) agrees to indemnify,de#end,and hold harmless Lender against any antl 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,manuPacture,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 obligation to indemnify and defend,shall survive the payment of tfie Indebtedness and the satisfaction
<br /> and�reconveyance of the lien of Yhis Deed 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. 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. Without 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 rock products without Lender's prior wYitten 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 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 representaYives may enter upon The Real Property at 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 Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applicabte to the use or occupancy of the
<br /> Property,including without limitation,the Americans With Disa6ilities Act. Trustor may conYest 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,Lender's
<br /> interests In the Property are not jeopardized. Lender may require Ttustor to post adequate security or a surety
<br /> bond,reasonably satisfactory to Lende�,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 acts set forth above in this section,which from the character and use of the Property are
<br /> reasonably necessary to proYect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,decla�e 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, beneficial or equitable; whether volu�ntary or involurtary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three 13)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in
<br /> or to any land trust holding title to the Real Property,or 6y any other method of conyeyance of an interest in the Real
<br /> Property. Howeve�, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by
<br /> Nebreska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and Iiens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor sfiall pay when due(and in all everts prior to delinquency)all taxes,special taxes,assessmeMS,
<br /> charges(including water and sewer),fines and imposiSions levied against or on account of the Property,and shall
<br /> pay when due all daims for work done on or for services tendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority over or equsl m the interest of Lende�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 /> T�ust.
<br /> Right to CoMest. Trustor may withhold payment of any tax,assessment,or daim 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 resuit of nonpaymeM,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 Lendet cash or a sufficient corporate surety bond or arher security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attomeys'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 6ond furnished in the contest proceedings.
<br /> Evidence of Paymerr[. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments 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 shali hotify Lender at least fifteen(15)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 work,services,or materials. Trustor will upon requesi of Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
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