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DEED OF TRUST 2 0� 2 p�, 7 3�
<br />(Continued) Page 2
<br />to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem approprfate to
<br />determine compliance of the Property with this secBon of the Deed of Trust. Any insp�Hons or tests made by Lender
<br />shall be for Lender's purposes only and shall not be construed to create any responsibility or Ilabiliiy on the part of
<br />Lender to Trustor or to any other person. The representations and warranties contained heretn are based on Trustor's
<br />due diligence in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and wafves any
<br />future claims agafnst Lender for indemnity or conMbutlon In the event Trustor becomes liable for cleanup or other costs
<br />under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims,
<br />losses, Ilabilities, damages, penalties, and expenses which Lender may directly or indirectiy sustafn or suffer resulting
<br />from a breach ot this sectlon of the Deed of Trust or as a consequence of any use, generatlon, manufacture, storage,
<br />disposal, release or threatened release axurring prior to TrustoPs ownership or interest in the Property, whether or not
<br />the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the
<br />obligation to indemnify and defend, shall sunrive the paymenf of the Indebtedness and the satisfactlon and
<br />reconveyance of the Ilen of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />Property, whether by for�losure or othervvise.
<br />Without othervvtse Iimittng Trustor's covenants as provided herein, Trustor shall not without Lender's prior written
<br />consent, remove or permit the removal of sand, gravel or topsoil, or engage in borrow pit operatlons, or use or permit
<br />the use of the Property as a{and flll or dump, or sio�e, bs:sn or k�ury o� permit the storage, burning or burying �f any
<br />material or product which. may result in contaminaflon of the Property or the groundwater or which may require the
<br />issuance of a permit by the Environmental Protection Agency or any state or local government agency governing the
<br />issuance of hazardous or to�ac waste permits, or request or permit a change in zoning or land use classification, or cut or
<br />remove or suffer the cutting or removal of any trees or tlmber from the Property.
<br />At its soie cost and expense, Trustor shall comply with and shall cause all occupants of the Property to comply with all
<br />Environmental Laws wfth respect to the disposal of indusMal refuse or waste, and/or the discharge, processing,
<br />manufacture, generatlon, heatment, removal, transportatlon, storage and handling of Hazardous Substances, and pay
<br />immediately when due the cost of removal of any such wastes or substances from, and keep the Property free of any
<br />lien imposed pursuant to such laws, rules, regulations and orders.
<br />Trustor shall not install or permit to be installed in or on the Property, friable asbestos or any substance containing
<br />asbestos and deemed hazardous by federal, state or local laws, rules, regulations or orders respecting such material.
<br />Trustor shall further not install or permit the installatlon of any machinery, equ(pment or foctures containing
<br />polychlorinated biphemyls (PCBs) on or in the Property. With respect to any such material or materials currenUy present
<br />In or on the Property, Trustor shall promptiy comply with all applicable Environmental Laws regarding the safe removal
<br />thereof, at Trustor's expense.
<br />Trustor shall indemnity and defend Lender and hold Lender harmless from and against all loss, cost, damage and
<br />expense (including, without Ilmitatlon, attorneys' fees and costs incurred in the investigation, defense and settlement of
<br />claims) that Lender may incur as a result of or in connecdon with the assertion against Lender of any claim relating to the
<br />presence or removal of any Hazardous Substance, or compliance with any Environmental Law. No notice from any
<br />govemmental body has ever been served upon Trustor or, to Trustor's knowledge after due inquiry, upon any prior
<br />owner of the Property, claiming a violation of or under any Environmental Law or concerning the environmental state,
<br />conditlon or quality of the Property, or the use thereof, or requiring or celling attention to the need for any work, repairs,
<br />constructlon, removal, cleanup, alterations, demolition, renovation or installation on, or in connectlon with, the Property in
<br />order to comply with any Environmental Law; and upon receipt of any such notice, Trustor shall take any and all steps,
<br />and shalt perform any and all actlons necessary or appropriate to comply with the same, at Trustor's expense. In the
<br />event Trustor fails to do so, Lender may d�lare this Deed of Trust to be fn default.
<br />Nulsance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any sMpping of
<br />or waste on or to the Property or any portlon of the Property. Without limitlng the generality of the foregoing, Trustor will
<br />not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay,
<br />scoria, soil, gravel or rock products without Lender's prfor 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 conditton to the removal of any improvements, Lender may require Trustor to make
<br />arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representa8ves may enter upon the Real Property at all
<br />reasonable times to attend to Lender's interests and to fnspect the Real Property for purposes of Trustor's compliance
<br />with the terms and conditions of this Deed of Trust.
<br />Compliance with Govemmental Repuirements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulatlons, now or hereafter in effect, of all governmental authorities applfcable to the use or occupancy of the Property.
<br />Trustor may contest in good faith any such law, ordinance, or regulatfon and withhoid compliance during any
<br />proceeding, including appropriate appeals, so long as Trustor has notifled Lender in writing prior to doing so and so
<br />long as, in Lender's sole opinion, Lender's interests in the Proparty are not jeopardized. Lender may require Trustor to
<br />post adequate s�uriry or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duiy to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in
<br />addlUon to those acts set forth above in thfs section, which from the character and use of the Property are reasonably
<br />necessary to protect and preserve the Prope►ty.
<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 wrftten consent, of all or any part of the Real
<br />Property, or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Property or any right, title or
<br />interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by oufight sale,
<br />deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years,
<br />lease-optlon contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the
<br />Real Properly, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br />charges (including water and sewer), flnes and imposftions levied against or on account of the Property, and shall pay
<br />when due all claims for work done on or for servic�s rendered or material furnished to the Property. Trustor shall
<br />maintain the Property free of all Ifens having prioriiy over or equal to the interest of Lender under this Deed of Trust,
<br />except for the lien of taxes and assessments not due, except for the Exisdng Indebtedness referred to below, and except
<br />as otherwise provided in this Deed of Trust.
<br />Rlght to Contest. Trustor may w(thhold payment of any tax, assessment, or claim in connection with a good faith
<br />dispute over the obligatlon to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is
<br />filed as a result of nonpayment, Trustor shall within fifteen (15) days after the Oen arises or, if a lien is filed, within fifteen
<br />(1b) days after Trustor has notice of the flling, secure the discharge of the Oen, or if requested by Lender, deposit with
<br />Lender cash or a suiflcient corporate surety bond or other security satlsfactory to Lender in an amount sufficient to
<br />discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or
<br />sale under the Ilen. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before
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