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DEED OF TRUST � 0�. 2 018 8'7
<br />Loan No: 524517 (Continued) Page 2
<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 13) Except es previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shell use, generate, manufacture, store, treat, dispose of or release any Hezardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitetion 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, es 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 be for Lender's
<br />purposes only and shall not be construed to create any responsibility or IiebiUty on the part of Lender to Trustor or
<br />to eny other person. The representetions and warranties contained herein are based on Trustor's due diligence in
<br />Investlgating the Property for Hazerdous Substancea. Trustor hereby (1) releases and waives any future clalms
<br />ageinst 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 ind�mnify, defend, and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penelties, and expenses which Lender may directly or indirectly sustein or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, menufacture, 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 />fncluding the obligation to indemnify and defend, shall survive the peyment of the Indebtedness end the 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, whether by toreclosure or otherwise.
<br />Nulsance, Waste. Trustor shall not cause, conduct or permit eny nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Properry. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grent to any other party the right to remove, eny timber, minerais (including
<br />oil and gas►, coal, ciay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvemerrts. Trustor shaii not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. As a condition to the removel of any Improvements, Lender may require Trustor to
<br />make arrangements satisfactory ta Lender to replace such Improvements with Improvements of at least equal
<br />value.
<br />Lender'a Rtght to Enter. Lender and Lender's agents and representatives mey ente� upon the Real Property at all
<br />reasonable times to ettend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br />complience with the terms and conditions of this Deed of Trust.
<br />Complience wkh Governmental Requiremerrts. Trustor ahell promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br />Property, including without limitation, the Americens With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate eppeals,
<br />so long es Trustor has notified Lender in writing prior to doing so and so long es, in Lender's sole opinion, Lender's
<br />interests in the Property ere not jeopardized. Lender may require Trustor to post adequate security or e surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to ebendon or leave unattended the Property. Trustor shall do all other
<br />acts, in addition to thoae acts set forth above in this section, which ftom the charecter 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 payeble 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 equiteble; whether voluntery or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contrect for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, essignment, or transfer of any beneficial interest in
<br />or to any land trust holding title to the Real Property, or by eny other method of conveyance of an interest in the Real
<br />Property. However, this option shell not be exerclsed by Lender if such exercise fs 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 />Peyment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, essessments,
<br />charges (including water and sewer), fines and impositions levied against or on account ot the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material turnished to the Properry. Trustor
<br />shall maintein 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 texes and assessments not due and except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br />• dispute over the obligation to pey, so long as Lender's interest in the Property is not jeopardized. If e Ilen arises or
<br />is filed as a result of nonpeyment, Trustor shall within fifteen (15) deys after the lien arises or, if a lien is filed,
<br />within fifteen (16) 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 />emount sufficient to discherge the lien plus any costs and attorneys' 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 agalnst the Property. Trustor shell name Lender as an additionel obligee
<br />under any surety bond furniahed In the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the texes
<br />or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br />statement of the texes end assessments against the Property.
<br />Notice of Construction. Trustor shall notify Lender et least fifteen (15) days before eny work is commenced, any
<br />services ere furnished, or any materials are supplied to the Property, if any mechenic's lien, materialmen's lien, or
<br />other Ifen could be esserted on account of the work, services, or materiels. Trustor will upon request ot 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 e part of this Deed of
<br />Trust.
<br />Malrrtenance of Insuranca. Trustor shall procure and maintain policies of fire Insurance with standard extended
<br />coverage endorsements on a fair value 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 mortgegee
<br />clause in favor of Lender. Trustor shall also procure end maintain comprehensive general liability (nsurance in such
<br />coverage amounts as Lender may request with Trustee end Lender being named es additionel insureds in such '
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