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DEED OF TRUST 2 � � 2 � � � � �`
<br />(Continued) Page 2
<br />Duty to Matr�tain. Trustor shall meintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compiiance With Environmer�tal Laws. Trustor represents and warrants to Lender that: f1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposai,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br />(2) Trustor hes no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br />ecknowledged by Lender (n writing. (a) any breach or vfolatfon of any Environmental Laws, (b) any use,
<br />generat(on, manufecture, storage, treatment, disposal, release or threatened release ot 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 />threatenad I'ttigation or claims of any kind by any person relating to such matters; and (3! Except es previously
<br />disGlosed to and ecknowledged by Lender in writing, (a) neither Trustor nor eny tenant, contractor, agent or other
<br />authorized user of the Proper4y shall use, generete, manufacture, store, treat, dispose of or release any Hazerdous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all appliceble federal, stete, and locel laws, regulations and ordinances, including without limitation all
<br />Environmentel 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 />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 shell not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br />to any other person. The representetions and warrantfes contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives eny future claims
<br />against Lender for indemnity or contribution in the event Trustor becomes liabie for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hoid hermless Lender against any and ali cleims, losses,
<br />liabilities, damages, penalties, end expanses which Lender may dirsctly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of eny use, generation, manufacture, 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 provisfons of this section of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indabtedness and the satisfection
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisitlon of any Interest
<br />in the Property, whether by foreclosure or otherwrise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisence nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil end gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removai of Improvemer�ts. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. As a condition to the removal of eny Improvements, Lender may require Trustor to
<br />make arrangements satisfectory to Lender to replace such Improvements whh Improvements of at least equal
<br />value.
<br />Lender's Rtght to Enter. Lender and Lender's agents and rapresentatives may enter upon the Real Property at all
<br />reasoneble times to attend to Lender`s interests and to inspect the Real Property for purposes of Trustor's
<br />compifance with the terms and conditions of this Deed of Trust.
<br />Compiiance with Govemmental Requlremer�ts. Trustor shall promptiy comply with all laws, ordinances, and
<br />regulatlons, now or hereafter in effect, of ell governmental authorities appliceble to the use or occupancy of the
<br />Property, including wtthout Umitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including approp�iate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Properry are not jeoperdized. Lender may require Trustor to post adequate security or a surety
<br />bond, reasonably setisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees nehher to abandon or leave unattended the Property. Trustor shall do ell other
<br />acts, in addition to those acts set forth ebove in this section, which from the character and use of the Property are
<br />reasonably necessary to protect end preserve the Property.
<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 prfor 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 legel, beneticial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br />term greater then three (3) years, lease-option contract, or by sale, essignment, or transfer of any beneflcial interest in
<br />or to any land uust hoiding title to the Real Property, or by any other method of conveyance of an interest in the Reai
<br />Property. If eny Trustor is a corporation, partnership or limited liability company, transfer also includes any change in
<br />ownership of more than twenty-five percent (25%) of the voting stock, partnership interasts or limited liabil'�ty company
<br />interests, as the cese may be, of such Trustor. However, this aption shall not be exercised by Lender if such exercise
<br />is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes end liens on the Property are part of this Deed of
<br />Trust:
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