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DEED OF TRUST `� ��� U 4 3 7'7
<br />Loan No: 135513 (Continued) Page 2
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition end promptly perForm all repairs,
<br />replacements, end maintenance necessary to preserve its value.
<br />Compliance With Environmentel Lews. Trustor represents end warrants to Lender thet: (1) During the period of
<br />Trustor's ownership of the Property, there hes 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 Environmentel Laws, (b) any use,
<br />generation, manufecture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Property by eny prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; end (3) Except es previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenent, contractor, agent or other
<br />authorized user of the Property shall use, generete, manufecture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) any such ectivity shall be conducted in compliance with
<br />all appliceble federal, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections end tests, et Trustor's expense, as Lender mey deem eppropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall ba for Lender's
<br />purposes only and shell 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 warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases end waives any future claims
<br />against Lender tor indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, end hold harmless Lender against any and all claims, losses,
<br />liabilities, demeges, penalties, end 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, generation, manufecture, 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 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 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 />Nuisance, Waste. Trustor shall not ceuse, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Propeny 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, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shell not demolish or remove any Improvements trom 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 arrengements 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 mey 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, end
<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 �th Disabilities Act. Trustor mey contest in good feith any
<br />such law, ordinance, or regulation and withhold compliance during eny 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 shell do all other
<br />acts, in addition to those acts set forth above in this section, which from the character end 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, benaficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with e
<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 Properry, or by any other method of conveyance of an interest in the Real
<br />Property. If any Trustor is a corporation, pertnership or limited liebility company, transfer also includes any change in
<br />ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company
<br />interests, as the case may be, of such Trustor. However, this option shall not be exercised by Lender if such exercise
<br />is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property ere pert 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 eccount of the Property, and shell
<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 Properry free of all liens heving 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 e 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 (1 b) days efter the lien arises or, if a lien is filed,
<br />within fifteen (15) days after Trustor has notice of the filing, secure the discherge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfectory to Lender in an
<br />amount sufficient to discharge the lien plus eny costs and permissible fees, or other charges that could accrue es a
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall setisfy
<br />any adverse judgment before enforcement ageinst the Property. Trustor shall name Lender es an additional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br />or assessments and shall authorize the appropriate governmental official to deliver to Lender et any time a written
<br />stetement of the taxes and assessments against the Property.
<br />Notice of Consuuctlon. Trustor shall notify Lender at least fifteen (15) days before eny work is cammenced, eny
<br />services are furnished, or any materials are supplied to the Property, if any mechenic's lien, materielmen's lien, or
<br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender advance assurances satisfactory to Lender thet Trustor can and will pay the cost of such
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