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20120330� <br />DEED OF TRUST <br />Loan No: 1109363-3 (Continued) <br />Page 2 <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 same was or should hava 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 satisfaction <br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest <br />in the Property, whether by foreclosure or otherwise. <br />Without otherwise limiting Trustor's covenants as provided herein, Trustor shall not without Lender's prior written <br />consent, remove or permit the removal of sand, gravel or topsoil, or engage in borrow pit operations, or use or <br />permit the use of the Property as a land fill or dump, or store, burn or bury or permit the storage, burning or <br />burying of any material or product which may result in contamination of the Property or the groundweter or which <br />may require the issuance of a permit by the Environmentel Protection Agency or any state or local government <br />agency governing the issuance of hazardous or toxic waste permits, or request or permit a change in zoning or land <br />use classification, or cut or remove or suffer the cutting or removal of any trees or timber from the Property. <br />At its sole cost and expense, Trustor shall comply with and shall cause all occupants of the Property to comply <br />with all Environmental Laws with respect to the disposal of industrial refuse or waste, and/or the discharge, <br />processing, manufacture, generation, treatment, removal, transportation, storage and handling of Hazardous <br />Substances, and pay immediately when due the cost of removal of any such wastes or substances from, and keep <br />the Property free of any lien imposed pursuant to such laws, rules, regulations and orders. <br />Trustor shall not install or permit to be installed in or on the Property, friable asbestos or any subatance containing <br />asbestos and deemed hazardous by federal, state or local laws, rules, regulations or orders respecting such <br />material. Trustor shall further not install or permit the installation of any machinery, equipment or fixtures <br />containing polychlorinated biphemyls (PCBs) on or in the Property. With respect to any such material or materials <br />currently present in or on the Property, Trustor shall promptly comply with all applicable Environmental Laws <br />regarding the safe removal thereof, at Trustor's expense. <br />Trustor shall indemnify and defend Lender and hold Lender harmless from and egainst all loss, cost, damage and <br />expense (including, without limitation, attorneys' fees and costs incurred in the investigation, defense and <br />settlement of claims) that Lender may incur as a result of or in connection with the assertion against Lender of any <br />claim relating to the presence or removal of any Hazardous Substance, or compliance with any Environmental Law. <br />No notice from any governmental body has ever been served upon Trustor or, to Trustor's knowledge efter due <br />inquiry, upon any prior owner of the Property, claiming a violation of or under any Environmental Law or concerning <br />the environmental state, condition or quality of the Property, or the use thereof, or requiring or calling attention to <br />the need for any work, repairs, construction, removal, cleanup, alterations, demolition, renovation or installation <br />on, or in connection with, the Property in order to comply with any Environmental Law; and upon receipt of any <br />such notice, Trustor shall take any and all steps, and shall perform any and all actions necessary or appropriate to <br />comply with the same, at Trustor's expense. In the event Trustor fails to do so, Lender may declare this Deed of <br />Trust to be in default. <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 gas1, coal, clay, scoria, soil, 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 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 Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all <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 with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and <br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the <br />Property, including without limitation, 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 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 Property are not jeopardized. Lender may require 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 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 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 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 legal, beneficial 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 shall not be exercised by Lender if such exercise is prohibited 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 prior to delinquency) all taxes, special taxes, assessments, <br />charges (including water and sewer), fines and impositions 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 furnished 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 taxes 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 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 filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, <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 sufficient corporate 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 against the Property. Trustor shall name Lender as an additional obligee <br />under any surety bond furnished in the contest praceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the texes <br />