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DEED OF TRUST 2 p 12 0 4 9� i
<br />Loan No: 872058641 (Continued) Page 2
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hezardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and locat laws, regulations and ordinances, including without limitation all
<br />Environmental Lews. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shell not be construad to create any responsibility or liability on the part of Lender to Trustor or
<br />to eny other person. The representations and werranties contained herein are based on Trustor's due diligence in
<br />investigating the Properry for Hazerdous Substances. Trustor hereby (1) releases and waives any future claims
<br />ageinst Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; and (2) egrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br />liabilities, 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 es e 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 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 eny interest
<br />(n the Property, whether by foreclosure or otherwise.
<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 wtll not remove, or grant to any other party the right to remove, any timber, minerals (inctuding
<br />oil end gasl, 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 errangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />velue.
<br />Lender's Right to Enter. Lender and Lender's agents end representatives may enter upon the Reai 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 Governmernal 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. Trustor may contest in good faith any such lew, ordinance, or reguletion and withhold compliance during
<br />any proceeding, including appropriate appeals, so long as Trustor has notified Lender in 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 ell 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 necessery 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 eqyitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, instellment 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 eny 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 />Nebreska law.
<br />TAXES AND LIEIVS. 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 end sewerl, fines and impositions levied egainst or on account of the Property, and shall
<br />pey when due all claims for work done on or for seroices rendered or material furnished to the Property. Trustor
<br />shell 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 />Rtght to Contest. Trustor may withhold payment of eny tax, assessment, or claim in connection with a good faith
<br />dispute over the obligetion 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 nonpeyment, 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 cesh 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 proceedings.
<br />Evldence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br />or essessments and shall authorize the appropriate governmental officiel to deliver to Lender at any time a written
<br />stetement of the taxes end essessments 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 furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br />other lien could be esserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender advance assurances satisfactory to Lender that Trustor cen and will pay the cost of such
<br />improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Mairrtenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br />coverage endorsements on a replecement basis for the full insurable value covering all Improvements on the Real
<br />Property in an emount sufficient to avoid applicetion of any coinsurance clause, and with a standard mortgagee
<br />clause in favor of Lender, together with such other hazard end liability insurance as Lender may reasonably require.
<br />Policies shell be written in form, amounts, coverages and basis reasonably accepteble to Lender and issued by a
<br />company or companies reasonably ecceptable 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, including stipulations that
<br />covereges will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
<br />insurence policy etso shall include an endorsement providing that coverage in favor of Lender will not be impeired
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