|
DEED OF TRUST � a 12 a 2� 7�
<br />(Continued) Page 2
<br />Duty to Maintain. Trustor shell maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period 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 an.y person on, under, about or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br />acknouvledged by Lender in writing, (a) any breach or violation of any Environmentel Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, refease 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 tc) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; end (3) Except as 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 shall use, generate, manufacture, store, ireat, dispose of or release any Hezardous
<br />Substance on, under, about or ftom the Praperty; and lb) any such activity shall be conducted in compBance with
<br />ali applicebie federal, state, end local laws, regulations and ordinances, including without limftation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections end tests, at Trustor`s expense, as Lender may deem appropriate to determine compliance of the
<br />Propern/ 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 Trustor or
<br />to any other person. The representadons and warranties contained herein are based on Trustor's due diligence In
<br />investigating the Property for Hazardous Substances. Truator hereby (1) releases and waives any future claims
<br />egainst Lender for Indemnity or conVibution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; and {2) agrees to indemnify, defend, and hold harmleas Lender against eny and all claims, losses,
<br />Iiabilities, damages, penalties, and expenses which Lender may directly or indirectly 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, storage,
<br />disposal, release or threatened release occurring prior to Trustor`s ownership or interest in the Property, whether or
<br />not the seme was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the obligation to indemntfy and defend, shall sunrive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the Iten of this Deed of Trust and shall not be effected by Lender's acquisition of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shell not cause, conduct or permit any nuisance 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 rfght to remove, eny timber, minerals (including
<br />oil and gasf, coal, clay, acorie, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of improvemer�. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's prior wrritten consent. As a condition to the removal of any Improvements, Lendar 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 Errter. Lender and Lender's agents end representatives may enter upon the Real Property et ell
<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 whh Qovernmental Requiremerrts. Trustor shall promptly comply with all laws, ordinances, end
<br />regulations, now or hereafter in effect, of all governmental authorities appUceble to the use or occupancy of the
<br />Property, including without limitation, the Americans �th Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or regulation and withhold compllance during any proceeding, including appropriate 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 securtty or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended ihe Property. Trustor shall do all other
<br />acts, in addition to those acts set forth above in this section, which from the charecter and use of the Property ere
<br />reasonably necessary to protect and preserve the Proparty.
<br />DUE ON SALE - CONSENT BY LENDER. Lender mey, 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 ell or eny 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 equitable; whether voluntery 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 conuact, or by sele, assignment, or transfer 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 the Real
<br />Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any chenge in
<br />ownership of more than twenty-five percent (25%) of the voting stock, partnarship interests or limited liability company
<br />interests, as the case may be, of such Trustor. However, this option 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 and liens on the Property are part of this Deed of
<br />Trust:
<br />`
<br />
|