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<br />DEED OF TRUST
<br />IContinuedi pese 2
<br />all applicable federal, state, arnl local lews, regulations and ordinences, inciuding without limitation all
<br />Environmentel E.aws. Truetor authorizes LerMer and its agents to enter upon the Pro�rerry to make such
<br />Inspections and teste, at Trustor's exper�ae, as Lender mey deem approp�iate to determirre complienca of the
<br />Property wlth this seCtion of the Deed Of Trust. Any inspeotions or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or Ifability on the pert of Lender to 7ruetor or
<br />ta any other person. The representetions and warrentles conteined herein are based on 7rustor's due diligence in
<br />investlgeting the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />ageinst Lender for indemnhy or conMbution in the everrt Truator becomes liable for cteanup or other costs under
<br />any auch lawa; end i2) agrees to indemnify, defend, and hold harmlesa Lender againet any end all claima, losses,
<br />liabilities, damsges, penalties, a� expensea whioh Lender may directly or indirectly sust�in or sufEer resulUng from
<br />a breach of this section of the Desd of Tnist or as a consequence of eny uae, ganeratEon, manufacture, staraga,
<br />dPeposal, release or threatened release occurring prior to Trustor's ownerahip or Entersst in the Property, whether or
<br />not the seme was or should heve baen known to Trustor. The provisions of this secdon of the Deed of Trust,
<br />including the obligation to indemnify and defend, shell survive the payment af the Indebtedness and the satisfaction
<br />end reconveyanoe of the lien of this Deed of Trust and shall not be affected by Lender's aaquisltlon of any interest
<br />fn the Property, whather by fioreclosure or otherwiae.
<br />Nuisance. Waste. 7rustor shall �t cause, conduct or permit eny nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or eny portfon of the Property. Without limiting the generelhy of the
<br />foragoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gasl, ooal, clay, scoria, sotl, gravel or rock products without Lender's prior wr(tten consent.
<br />Removel of Improvemerrta. Trustor shell not demoltsh or remove any Improvemerns f�om the Real Proparty without
<br />Lender's prlor w�itten conasnt. As e coriditlon to the removel of any Improvements, Lender may raquire Trustor to
<br />meke arrangements eaUstactory to Lender to replace such Improvemerrts with Improvements of at leest equal
<br />value.
<br />Lender's REght to Enter. Lender and Lender's agents and rapreasntetivea may enter upon the Reel Property at ell
<br />reasonable times tv attend to Lender's ir►ter�ts and to inspect the Rea1 Property for purposes of Trustor's
<br />compliance with the terms and conditlons of this Deed of Trust
<br />Complience with Govammerftal Requirernems. Trustor shall promptly comply with all laws, ordinancea, and
<br />regulatlons, now or hereafter in effect, of all governmental authorities applicable to the use or occupenoy of the
<br />Property, including without limitatian, the Americans Wfth pleabilities Act. Trusior mey cootest in good faith eny
<br />such lew, ordinance, or regulation and withhold compliance during any proceeding, including approprlate appeals,
<br />sa long es 7ruetor has notified Lender in wrlting p�ior to doing so and so long as, in Lender's sofe opinlon, Lander's
<br />interests in the Property are not jeopardlzed. Lender may require Trustor to post adequate seou�ity or e surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Proteot. Trustor agrees neither to ebandon or leave unattended the Property. Trusto� shell do all other
<br />acte, In addition to those acts set forth abave in this section, which trom the character and use of the Property are
<br />reasonably rrecassary to protect and preserve the Property.
<br />DUE ON SALE - CQNSENT BY LEIYDER. Lender may, at Lender's optfon, decla�e lmmedtately due end peyable all sums
<br />secured by thla Deed of Trust upon the sale or transfer, without Lender's prior written consent, of ail or any part of the
<br />Real Property, or arry interest In ihe Reel Proparty. A°sale or transfer" meana the conveyance of Real Property or any
<br />right, title or interest In the Real Property; whether legal, beneflclal or. equltsble; whether voluritary or involuntery;
<br />whether by outrlght safe, deed, instellment sale corrtract, land contrect, contract for deed, leasehold fnter�et with a
<br />term greater then three (3) yeara, lease-ciption contraat, or by sale, assignment, or transfer of any beneflcial interest in
<br />or to any land trust holding titte to the Real Property, or by any othsr method of conveyance of an Interest fn the Real
<br />Property. If eny Trustor fs a corporation, partnership or Ilmlted liability company, transfer also includes any chenge in
<br />ownership of more than twenty-flve percerrt (26%1 of the voting stock, partnership interests or limited liability company
<br />intaresta, as the cas� may be, of such Trustor. However, this option shall not be exercfsed by Lendar ff such exerclae
<br />is prohibited by federal law or by Nebraska lew.
<br />TAXFS ARID UENS. The following provlsions relating to the texes and liens on the Property are pert of this Deed of
<br />Trust:
<br />Paymerrt. Trustor shall pey when due land in all evems prlor to delinquency} ell ta�ces, specfal taxss, assessmants,
<br />chargas iinaluding water and sewer►, firtes and lmpositions levied against or an account of the Property, and shall
<br />pay when due alf alaims for wark done on or far services renderad or material furnished to the Property. Trustor
<br />shall maintain the Property fres of all (iens having priority over or equal to the interast of Lender under thls Deed of
<br />Trust, except for the Ilen af taxes and essesamente not due and exoept es otherwise provided in this Deed of
<br />Truat.
<br />iilght to Comest. Tnlstar maq withhold payment of any tax, esseesment, or cfaim tn connection with a good feith
<br />dispute over the obliAation to pay, so long ae Lender's int�rest in the Property is not jeopardlzed. If a lien arises or
<br />is filed ea a result of nonpaymer�i, Trusto� shall wfthin fifteen 118) days after the Ifen arises or, If a lien Is filed,
<br />writhin fifteen l7 6} days after Trustor has notice of the filing, aecure the d(scharge of the Nen, or if requested by
<br />Lendar, deposit with Lender cash ar a sufflclent corporate surety bornJ or other secur[ty satlsfactory to l.ender in en
<br />amount sufficient to discharge the Ifen plue any costs and attorneys' fees, or other charges that could accrue as 8
<br />result of a foreclasure or sele under the iien. In any aontest, Trustor sfiaU defe� itsalf and Lender and shall sat(siy
<br />any adverse judgment before enforcemerrt against the Property. Trustor shall name l.ender es en additlonal obligee,
<br />under any aurety bond fumished in tha contest proceedings.
<br />Eviderece at Payme�tt. Trusto� shall u�son demend furnish to Lender satisfectory evidence of peyment of tha taxes
<br />or assessments end shall authorize the appropriete governmental official to deliver to Lender at eny time e written
<br />statement of the taxes and assessments against the Property.
<br />Notfce of Constructiqn. Trustor shall no8ty Lender et least ftfteen (15y days before any work is commenced, any
<br />servicea are furnished, or any materlais are supplf�d to the Properiy, if any mechanic's lien, materislmen's lien, or
<br />other iten could be esserted on aaoount of the work, aervicas, or materials. Trustor will upon request of Lender
<br />fumish to Lender advence essurencea satisfactory to Lender that Trustor can and wilt pay the aost of auch
<br />improvements.
<br />PROPERTY DAMAQE INSURANCE. The foliowing provislons releting to Inauring the Propariy are a psrt of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shal! procure and maintaln policfes of flre irtsuranca wiih standard extended
<br />eoverage endorsements on a fair value besfa for the full Insurable velue covering all Improvements on the Real
<br />Froperry in an amount suffialent to avoid applicetion of any coinaurartce cla�e, and with a star�dard mortgagee
<br />cleuae (n tavor of Lender. Trustor shaq atso procure a� maintafn comprehenaive gerteral tiabflity tnsurance In such
<br />coverage amounts as l.ender may request with Trustee and Lender being nemed as additionsl insureds in 'such
<br />liability (nsurance policies. AdditionaEly, Trustor shap meintefn such other insurance, including but not tl►rited to
<br />hazard, busi�ss irterruption, and boller fnsurance, as L�ndar may reasonably repuire. Policies shall be written in
<br />form, amounts, coverages and besis reasonebly eccepteble to Lender and issued by a company or companies
<br />reasonably acoeptable to Lsnder. Trustor, upon request of lander, will defiver to Lender from time to time the
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