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DEED OF TRUST � O�� O�� 2�
<br />(Continued) Page 2
<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 any 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 d(sclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<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 (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, 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 />atl applicable federal, state, and local laws, regulations and ordinances, including without IimitaUon 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, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of Trust My inspedions or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or Uability on the part of Lender to Trustor or
<br />to any other person. The representaYlons and v�rarranUes contained herein are based on Trustor's due diligence tn
<br />investigatlng the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />against 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 indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirecUy sustain or suffer resufting from
<br />a breach of this section of the D�d of Trust or as a consequence of any use, generatlon, manufa�ture, storage,
<br />disposal, release or threatened release occuMng prior to Trusto�'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 />including the obligaUon to indemnify and defend, shalt survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the Ilen of this Deed of Trust and shall not be affected by Lender's acquisftion of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall 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 Bmiting 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 and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prfor wrftten consent
<br />Removal of Improvements. Trustor shall not demoUsh or remove any Improvements from the Real Property without
<br />Lender's prfor written consent. As a conditfon to the removal of any Improvements, Lender 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 Rlght to Entar. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br />reasonable tlmes to attend to Lender's interests and to inspect the Real Property for purposes of TrustoPs
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compllance wlth Govemmental Requlrements. Trustor shall prompUy comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all govemmental authorities applicable to the use or occupancy of the
<br />Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance durfng
<br />any proceeding, including appropriate appeals, so long as Trustor has notlfied Lender in writing prior to doing so
<br />and so long as, in Lender's sole opinion, Lenders interests in the Property are not jeopardized. Lender may require
<br />Trustor to post adequate security or a surety bond, reasonably satlsfactory to Lender, to protect Lender's interest.
<br />Duty 4o Protect Trustor agrees neither to abandon or.leave unattended the Property. Trustor shall do all other
<br />acts, in addition to those acts set forth above in this sectlon, which from the character 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 payable all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of ail or any,part of the
<br />Real Property, or any interest in 1he 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 voluntary or involuntary;
<br />whether by ouMght sale, deed, installment sale contract, land contract, contra�t for deed, leasehold interest w(th a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneflcfal (nterest 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. However, this optlon shall not be exercised by Lender if such exercise is prohibited by federal law or by
<br />Nebraska law.
<br />TAXES AND LIENS. The followfng provisions relating to the taxes and ifens on the Property are part of this Deed of
<br />Trust:
<br />Paymant Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br />charges (including water and sewer), fines and imposftfons levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material fumished to the Property. Trustor
<br />shall maintain 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 ta�ces 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 fafth
<br />dispute 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 flfteen (15) days after the lien arises or, if a lien is flled,
<br />within fifteen (15) days after Trustor has noUce of the filing, secure the discharge of the Iten, or if requested by
<br />Lender, depos(t wfth Lender cash or a suff(cient corporate surety bond or other security saUsfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attomeys' fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the lien. In any contest, Tn�stor shall defend ftself and Lender and shall saUsTy
<br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br />under any surery bond fumished in the contest proceedings.
<br />Evidence of Payment Trustor shall upon demand fumish to Lender saUsfactory evidence of payment of the taxes
<br />or assessments and shall authorize the appropriate govemmental official to deliver to Lender at any time a written
<br />statement of the taxes and assessments against the Properly.
<br />NoUce of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are fumished, or any materials are supplied to the Property, if any mechanic's lien, materfalmen's Ilen, 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 />improvements.
<br />PROPERTY DAMAGE INSURANCE. The follow(ng provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of flre insurance with standard extended
<br />coverage endorsements on a replacement basis for the full insurable value coverfng all Improvements on the Real
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