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201201954
<br /> DEED OF TRUST
<br /> Loan No: 872058529 (COt1t111ueC1) 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 ofi any kind by any person relating to such matters; and (3) F�ccept as previously
<br /> disdosed to and acknowledged by Lender in writing., (a) neither�Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property sha�ll use, generate, manufiacture, sYOre, 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 /> all applicable federal, state, and local. laws, regul�ations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Properry to make such
<br /> inspections and tests, at Trus'tor's expense, as Lender may deem appropriate to determine co�mpliance of tne
<br /> Property with this section ofi the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shal.l not be construed to create any�esponsibility or liability on the part ofi 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 nereby (1) releases and waives a.ny fiuture ciaims
<br /> against Lender for indemnity or co�niribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify; defend, and hold ti.armless Lender against any and 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 ofi the Deed of Trust or as a consequence of any use, gene�ration, manufacture, storage,
<br /> disposal, release or threatened release occuriing prior to Trustor's ownershi�p 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 /> inciuding the obligation to indemnify and defend, shall survive the paymenY of the Indebtedness and the satisfaction
<br /> and reconveyance ofi the lien of this Deed o-F Trust and shall not be affected by Lender s acquisition of any interest
<br /> in the Property, whether by foreclosure or otnerwise.
<br /> Nuisance., Waste.. Trustor shall not cause, conduct or permit any nuisance nor commit, permit> or suffer any
<br /> stripping of or wasie on or to the Property or any portion of the Property. Without limiting the generatiYy 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 rocic products wifhout Lender`s prior written consent.
<br /> Removal of Improvements. Trustor shall not demol�ish 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 arrangeme�ts 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 /> reasona6le times to attend to Lend�er's interests antl to inspect the Real Property for purposes of TruSYOr's
<br /> compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shail promptly co�mply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applicable [o the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br /> and so bng as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to post ad�equate security or a surety bo:nd,reasonably satisfactory to Lend�er,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neitner to.abandon or leave unattended the Property. Trusto.r 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 protect a:nd preserve the Pro�perty.
<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 written consent, of all or eny part ofi the
<br /> Real Property, or any i.ntereSt in the Real Property. A "sale or transfer" means the conveyance of Reaf Property or any
<br /> righY, tiYle or interest in the Real Property; whether legal, beneficial or equitabie; whether voluntary or involuntary;
<br /> whether by outright sale, deed, instaflment sale contract, land contract, contract for deed, leasehold i.nterest with a
<br /> term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br /> or to any land trust holdin.g title to [he Real Property, or by any other method of conveyance of an interest in the 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 (a:nd in all events prior to delinquency) all taxes, special taxes, assessments,
<br /> charges (including water and sewer), fiines and impositions levied against or on account of the Property, and shaii
<br /> pay when due all claims 'For work done on or for services rende�ed or material fumis.hed to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority over or egual to tne interest of Lender 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 /> Trust.
<br /> Right to Contest. Trustor may withhold payment ofi any tax, assess�menrt, or dai�m in connection with a good faith
<br /> disp�ute 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 /> within fifteen (1 5) days after Trustor has notice of the fili-ng, secure'the discharge of the lien, or if requested by
<br /> Lender, deposit wifh 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 cnarges tnat 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 bond fiumished in the contest proceedings�.
<br /> Evidence of Payment. Trus[or shall upon demand furnish to Lender satisfiactory 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 Pro�perty.
<br /> Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commencetl, any
<br /> services are furnished, or any materials are supplied to tne 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
<br /> fumish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvemems.
<br /> PROPERTY DAMAGE WSURANCE. The fiollowing provisions telating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> MainYenance of Insurance. Trustor shall procure and maintain polieies of fire insurance with standard. extendetl
<br /> coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient Yo avoid applicati�on of any coinsurance clause, and with a standard mortgagee
<br /> c}ause in favor of Lender,together with such other hazard and liability insurance as Lender may reasonably require.
<br /> Policies shall be written in form, amount5, coverages and basis reasonabiy acceptable to Lender and issued by a
<br /> company or companies reaSOnably acceptabie to Lender. Trustor, upon request of Lender, wiil deliver to Lender
<br /> firom time to time the policies or certificates of insurance in form satisfactory to Lender, includ[ng stipulations that
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