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� � � � � 201201010
<br /> DEED OF TRUST
<br /> Loan No: 872058457 (Continued} Page 2
<br /> on, under, about or from the Property by any prior owners or occupants of the Property; or (c) any actual or
<br /> threatened litigation or daims of any kind by any person relating to such matTers; and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neiiher Trustor nor any tenant,contractor,agent or otheF
<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;and (b) any such activity shall be conducted in compliance with
<br /> ail applicable federal, state, and local laws, regulations and ordinances, including without limitation aIl
<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 /> Ptoperty with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liatiility 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 contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws;and f2) agrees to indemnify,defend,and hold harmless Lender againsi any and all claims,losses,
<br /> liabilities,damages,penaities,and expenses which Lender may tlirectly 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,generatio�,manufaccure,storage,
<br /> disposai,release or threatened release occurring prior to Trustor's ownership or interest in the Property,whether or �
<br /> not the same was or shouid have been known io Trustor. The provisions of this sectlon of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shall survive the payment of the Indebtedness and ihe satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property,whettier by foreclosure or othenrJise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisa�ce nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of the Property. Withaut limiting the generality of the
<br /> foregoing,Trustor will�ot remove,or gra�t to any other party the right to remove,any timber,minerals(including
<br /> oil and gas),coal,clay,scoria,soil,gravel or rocl<products without Lender's pYior written consent.
<br /> Removal of Improvements. Trustor sFi.all 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 representatives may enter upon the Reaf Property at all
<br /> reasona6le �imes to attend to Lender's interests and m 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 shaii promptly comply with all laws, ordinances, and
<br /> regulations,now or hereafter in effeci, of all governmental authorities applicable to tfie use or occupancy of the
<br /> Property. Trustor may contest in good fiaith any such law,ordinance,or regulation and witihhold compliance during
<br /> any proceeding,including appropriate appeals,so long as Trustor has notified Lend�er in writing prior to do�ing so
<br /> and so long as,in Lender's sole opinion,Lender's interests 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. Trusmr agrees neither to abandon or leave unattended the Property. Trustor shall do ail 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 paya6le all sums
<br /> secured by this Deed of Trust upon the sale or transfer,witho�ut Lender's prior written co�nsent,of aU or any part of the
<br /> Real Property,or any interest in the Real Property. A"sale or transfer"means the canveyance of Real Property or any
<br /> right, title or }.nterest in the Real Property; whether legal, beneficial or equitable; whether voluniary 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 6y sale,assignment,or transfer of any neneficial interest in
<br /> or to any land trust holding title to the Real Property,or by any,other method of conveyance of an interest i�n the Real
<br /> Property. HoweveT,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,special t�es,assessments,
<br /> cHarges(including water and sewer),fines and impositions levi.ed 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 Prooerty. 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, sxcept for the lien of taxes and assessments not tlue, except for the Existing Inde�tedness referred to
<br /> below,and excEpt as otherwise provided in this Deed of Trust.
<br /> Right to Con4est. Trustor may withhold payment of any tax,assessment,or claim in connection with a good faith
<br /> dispute over the obfigation to pay,so long as Le�der'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 (151 days after the lien a�ises or, if a lien is filed,
<br /> within fifteen (75) 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 foteclosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shall satisfy
<br /> any ativerse j�dgment before enfiorcement against the Prope�rty. Trustor shall name Lender as an additional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence ot Payment. Trustor shafl upon demand furnish to Lender satisfactory evidence of paymeni of the taxes
<br /> or assessments and shall authorize the appropriate govemmental official to deliver to Lender at any time a written
<br /> statemeni 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 materials are supplied to the Property,if any mechamc's lien,materiafinen's lien,or
<br /> other 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 /> 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 shail procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the fuli 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 of Lender,together with such other hazard and liability insurance as Lender may reasonably require.
<br /> Poiicies shall be written in form,amounts, coverages and basis reasona6ly acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender,will deliver Yo Lender
<br /> from time to timE the policies or certificates of insurance in form satisfactory to Lender,including stipulations that
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