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2a1202991
<br />DEED OF TRUST
<br />(Continued) Page 2
<br />Duty to Maintaln. Trustor shall maintain the Property (n tenantable condftlon and prompUy pertorm all repafrs,
<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 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 disclosed 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 relatlng 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 />autho�ized 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 activiry shall be conducted in complfance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without Iimftatfon all
<br />Envlronmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspectfons 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 Lenders
<br />purposes only and shall not be construed to create any responsfb(lity or liability on tha part of Lender to Trustor or
<br />to any other person. The representations and warranties contained herein are based on Trustors due d(ligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />against Lender for indemnity or contribution in the event Tn.istor 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 />IiabiliUes, damages, penalties, and expenses which Lender may direcUy 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 occur�ing prior ta TrustoPs ownershfp 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 ta indemnify and defend, shall survive the payment of the Indebtedness and the sat(sfaction
<br />and reconveyance of the lien of this Deed of Trust and shall nat be affected by Lender's acquisition of any interest
<br />in the Property, whether by foreclosure or othervvise.
<br />Nuisance, Waste. Tnrstar shall not cause, conduct or perm(t any nuisance nor commft, 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 />foregaing, Trustor wfll not remove, or grant to any other party the right to remove, any timber, minerals ((ncluding
<br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lenders prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lenders prior written consent. As a condition 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 Wght to Enter. Lender and Lender's agents and rep�esentatives may enter upon the Real Property at all
<br />reasonable times to attend to Lenders 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 with Govemmental 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 />Properry, Including without Iimitation, the Americans With Disabflities Act. Trustor may contest in good faith any
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including approp�late appeals,
<br />so long as Trustor has notifled Lender in writing pr(or to dofng so and so long as, (n Lender's sole opinion, Lenders
<br />interests in the Properly are not jeopardized. Lender may requfre Trustor to post adequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees nefther to abandon or leave unattended the Properly. Tnastor shall do all other
<br />acts, in addiUon to those acts set forth above in this section, which from the character and use of the Property are
<br />reasonably necessary to protect and preserve the Property.
<br />ConstrucUon Loan. If some or all of the proceeds of the loan creating the Indebtedne,ss are to be used to construct
<br />or complete construction of any Improvements on the Property, the Improvements shall be completed no later than
<br />the maturity date of the Note (or such earUer date � Lender may reasonably establish) and Trustor shall pay in full
<br />all costs and expenses in connecdon with the work. Lender will disburse loan prooeeds under such terms and
<br />conditfons as Lender may deem reasonably neoessary to fnsure that the interest created by thfs Deed of Trust shall
<br />have prio�ity over all possible Ilens, including those of material suppliers and workmen. Lender may require, emong
<br />other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens,
<br />construction progress reports, and such other documentation as Lender may reasonably request.
<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, w(thout 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 />�ight, title or interest in the Real Properry; whether legal, beneflcial 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 than three (3) years, lease-option contract, or by sale, 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. However, this option ahall not be exercised by Lender if such exercise is prohibited by federal law or by
<br />Nebraska law.
<br />TAXES AND UENS. The following provisions relatlng to ihe taxes and ifens on the Property are part of this Deed of
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events prior 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 clalms for work done on or for services rendered or material fumished to the P�operty. Trustor
<br />shall maintafn the Property free of all liens having prfority over or equal to the 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 af
<br />Trust.
<br />Right to Contest. Tnistor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br />dispute over the oblfgatton to pay, so long as Lenders interest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shall wfthin fifteen (15) days after the Uen arises or, if a lien is flled,
<br />within tiftean (15) days after Trustor has noNce of the flling, secura the discharge of the Ilen, or ff requested by
<br />Lender, deposft with Lender cash or a sufflcient cotporate 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 charges that 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 agalnst the Property. Trustor shall name Lender as an additlonal obligee
<br />under any surety bond fumished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes
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