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201201531
<br /> DEED OF TRUST
<br /> Loan No: 87 20 5848 7 (Continued) Page 2
<br /> possession and use of the Property shall be governed by the following provisions:
<br /> Possession and Use.. Until the occurrence of an Event of �efault, Trustor may (1) Pemain in possession antl
<br /> confroi 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 good condition and prompYly perform all repairs,
<br /> replacements,and maintenance necessary to preserve its value.
<br /> Gompliance With Environmental Laws. Trustor represents and warrants to Lender that: (1�1 During the periotl 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 /> (2) Trustor has no knowledge of,or reason to befieve that there has been,except as previously disclosed io and
<br /> � ackno��ledged by Lendet in writing, �a) any breach or violation of any Environmental Laws, (b) any use,
<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 occupants of the Property, or (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and f3) Except as previously
<br /> discl�osed to and acknowledged by Lender in writing, (a) neitheY Trustor nor any tenant,coniractor,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treai,dispose of or release any Hazardous
<br /> Substance on,under,about or from the Property;and (b) any sucli 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 and its agents to enter upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate Yo 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 /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trusfor 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 indemniry or contributian 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 all claims,losses,
<br /> liabilitias,damages,penalties,and expeoses which Lender may directly or indirecYly sustain or suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use,generation, manufacture,stotage,
<br /> disposal,release ot threatened re{ease occurring prior to Trustor's ownership or intetest 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 the Indebtedness and the satisfaction
<br /> and reconveyance of tfie lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property,whether 6y foreclosure or otherwise.
<br /> Nuisance,Vl/aste. 7rustor shalf not cause, conduct or permit any nuisance nor commit, permit, or suffer a�y
<br /> stripping of o�r waste on or to the Property or any portion of the Property. Witho�ut limiting the generality of thB
<br /> foregoing,Trustor will not remove,or grant to any other parry the right to remove,any timber,minerals (induding
<br /> oil and gas),coaJ,clay,scoria,soii,gravel or rock products without Lender's prior written consent�.
<br /> Removal ofi Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lender's prior written consent. As a condiiion 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 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 /> tegulations, now or he�eafter in effect,of all governmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such iaw,ordinance,or regulation and withhold compliance during
<br /> any proceeding, induding 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 interests in the Property are notjeopardized. 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 m a6andon or leave unattended the�Property. Trustor shall do all other
<br /> acts,in addition to those acts set fotth above in this section,which from the charac'ter 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 opYion,declare immediately due and payable all sums
<br /> secured by Yhis 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 Yhe Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installme�t sale contract, land conirect, contrect for deed, leasehold interest with a
<br /> . term greater than three(3)years,lease-option contract,or by sale,assignment,or transfier 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 interest in Yhe Real
<br /> Property: However, this option shall not 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 dalinquency)all taxes,special 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 or for services rendered or material furnished to tfie 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 Existing Indebtedness referred to
<br /> below,antl except as otherwise provided in this Deed of Trust.
<br /> Right to ContesY. Trusmr may withhold payment of any tax,asses.smen#,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 /> wiihin fi.fteen (15) days after Trustor has notice of Yhe filing,secu.re the discharge of the lien,o�if requesYed by
<br /> , Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lentler'rn 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 untler the lien. In any contest,Trustor shall defend itself and Lender and shall satisfy
<br /> any adv,erse jurJgment before enforcement against the Property. Trustor shall 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 assessme�ts and shall authorize the appropriate governmental official to deliver to Le�nder 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 commencetl,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,or materials. Trustor will upon request of Lender
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