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201202�79
<br />DEED QF TRUST
<br />Loan No: 1109353-3 (Colltlnued) Page 2
<br />dlsclosed 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 Properly; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without IimitaUon all
<br />Environmental Laws. Trustor author(zes 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 complfance 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 liability on the part of Lender to Trustor or
<br />to any other person. The representations and wamantles contained herein are based on Trustor's due diligence in
<br />investigaUng the Properiy for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />against Lender for indemnity or contribution in the event Trustor becomes Ifable 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 />Ilabilities, damages, penafties, and expenses which Lender may directly or indirectly sustain or suffer resuiting 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 TrustoPs 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 obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfacUon
<br />and reconveyance of the lien 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 othervvise.
<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 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 and gas), coal, clay, scoria, so(I, gravel or rock products without Lender's prior written consent
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. As a condiUon 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 Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br />reasonable Umes to attend to LendePs interests and to inspect the Real Properly for purposes of Trustor's
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compltance with Governmental Requlrements. Trustor shall promptly 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 during
<br />any proceeding, including appropriate appeals, so long as Trustor has notffied Lender in writing prior to doing so
<br />and so long as, in LendePs sole opinion, Lender's interests in the Properly are not jeopardized. Lender may require
<br />Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to 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 section, which from the character and use of the Property are
<br />reasonably necessary to proteet 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 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, tiUe or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interesf with a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneflcial 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. However, this option shall not be exercised by Lender if such exercise is prohib(ted 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 (and in all events prfor to delinquency) all taxes, special taxes, assessments,
<br />charges (including water and sewer), flnes and impositions levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for serv(ces rendered or material fumished to the Property. Trustor
<br />shall maintain the Property free of all Ifens having priohty over or equal to the fnterest of Lender under this Deed of
<br />Trust, except for the lien of taxes and assessments not due, except for the F�cisting Indebtedness referred to
<br />below, and except as otherwise provided in this Deed of Trust.
<br />Right to Contest Trustor may wfthhold payment of any tax, assessment, or claim in connection with a good faith
<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 fited as a result of nonpayment, Trustor shall within flfteen (15) days after the lien arises or, if a I(en is ftled,
<br />within fifteen (15) 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 sufflcient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the Ilen plus any costs and attomeys' fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the Ilen. 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 add�ional obligee
<br />under any surety bond fumished in the contest proceedings.
<br />Evidence of Payment Trustor shall upon demand fum(sh to Lender sat(sfactory 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 Property.
<br />Notice of Constructlon, Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are fumished, or any materials are supp;Eed to the Property, if any mechanic's lien, ►na4erfalmen'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 />improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Malntenance of Insurance. Trustor shall procure and ma(ntain policfes of flre insurance with standard eutended
<br />coverage endorsements on a replacement basis for the full fnsurable value covering all Improvements on the Real
<br />Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br />clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require.
<br />Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br />company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br />from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulaHons that
<br />coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement provfding that coverage in favor of Lender will not be impaired
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