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2012U4062
<br />DEED OF TRUST
<br />Loan No: 1109364-3 (Continued) Page 2
<br />purposes only and shall not be construed to create any responsibitity or tiabitity on the part of Lender to Trustor or
<br />to any other person. The representations and warrantles contained herein are based on Trustor's due diligence in
<br />investigating the Properly for Hazardous Substances. Trustor hereby (1) releases and waives any future clalms
<br />against Lender for indemnity or contributlon 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 />I(abilities, damages, penalties, and expenses which Lender may directly 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, generatfon, 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 />inctuding the obligation to indemnify and defend, shall survfve the payment of the Indebtedness and the satlsfaction
<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 otherwfse.
<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 Umber, minerals (including
<br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written con�nt
<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 conditlons of this Deed of Trust.
<br />Complfance with Govemmental Requirements. Trustor shall prompUy comply �nrith 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 withhoid compliance during
<br />any proceeding, including appropriate appeals, so long as Trustor has notifled Lender (n writing prior to doing so
<br />and so long as, in Lender's sole opinion, Lender's interests in the Property 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, whlch 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 transfeP' means the conveyance of Real Property or any
<br />right, tiUe or interest in the Real Properly; 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 beneflcial interest in
<br />or to any land trust holding tftle to the Real Property, or by any other method of conveyance of an interest in the Real
<br />Property. However, this opdon shall not be exercised by Lender if such exercfse fs 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, specfal 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 aIl 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 Ilen 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 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 flfteen (15j days after the Ifen arises or, if a lien is flled,
<br />within fifteen (15) days after Trustor has notice of the fiUng, secure the discharge of the Ilen, or if requested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satlsfactory 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 foreGosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy
<br />any adverse judgment before enforcement aga(nst the Property. Trustor shall name Lender as an addftional 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
<br />or assessments and shall authorize the appropriate govemmental official to deliver to Lender at any Ume a whtten
<br />statement of the taxes and assessments against the Property.
<br />Notice 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 Ilen, materialmen's Ifen, or
<br />other lien could be asserted on account of the work, services, or materials. Trustor w(II 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 policles of flre fnsu�ance with standard extended
<br />coverage endorsements on a replacement basis for the full insurable 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 Ilability insurance as Lender may reasonably require.
<br />Policies shall be written in form, amounts, coverages and basis reasonably acceptabie 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, inGuding stipulatlons that
<br />coverages will not be cancelled or diminished without at least ten (10) days pr(or written notice to Lender. Each
<br />fnsurance policy also shatl include an endorsement providing that coverage in favor of Lender will not be impaired
<br />in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in
<br />an area designated by the Director of the Fedaral Emergency Management Agency as a special flood hazard area,
<br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of
<br />the loan and any prior liens on the property securing the loan, up to the maximum policy Iimits set under the
<br />National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term
<br />of the loan.
<br />Application of Proceeds. Trustor shall prompUy notity Lender of any loss or damage to the Properly. Lender may
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