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
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