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201206066
<br /> DEED OF TRUST
<br /> Loan No: 81000950 (Continued) Page 2
<br /> threatened litigation or daims of any kind by any person relating to such matters; and (3) Except as previously
<br /> disclosed to and acknowledged by Lender irt writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user ofi the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<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 local laws, reg.ulations and ordinances, including w�ithout limitation all
<br /> Environmental Laws. 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 witn this se.etion of the Deed of Trust. Any inspe.ctions or tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to TrusYor or
<br /> to any other person. The representations a�nd warranties contained herein are based on Trustor's due diligence in
<br /> investigating tne Property for Hazardous Substan.ces. Trustor hereby ("I) releases and waives any futute daims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cieanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harm�less Lender against any and all claims, losses,
<br /> liabilities, tlamages, penalties, and expenses which Lender may di�ectly or i.ndirectly sustain or sufifer resulting from
<br /> a breach of this section of the Deed ofi Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release or threaYened release occurring prior to Trustor's ownership or interest in the Property,whether or
<br /> not fhe same was or shouid have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shail survive the payment of the Indebtedness and Yhe satisfiaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender'S acquisitio�n of any interest
<br /> in 4he 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. Witnout Timiting the generality of the
<br /> foregoi.ng, 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, soii, 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 ProperYy 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 Improvement5 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 /> Gompliance with Governmental Requirements. Trustor shall promptly comply with atl 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 Witn Disabilities Act. Trustar may contest in good fiaith.any
<br /> such law, ordinance, or regulati�.on and withhold compiiance during any proceeding, including appropriate appeals,
<br /> so long as Trustor has notified Lender in writing prior to doing so and so tong as, in Lender's sole opinion, Lender`s
<br /> interests in the Propetiy 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 o#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, dedare immediately due and payable all sums
<br /> secured by this Deed of Trust upo�n the sale or iransfer, wifhout 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 outri�ght sale, deed, instailment sale contract, land contract, contract for deed�, leasehold interest with a
<br /> term greater than Yhree (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficiai interest in
<br /> o�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 tne Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due (and in.all evenrts prior to delinquency) all taxes,special taxes, assessments,
<br /> charges (including water and sewer}, fines and impositions levied against or on account ofi the Property, and shall
<br /> pay when due all claims for work done on or for services rendered or material fiurnished to the Property: Trustor
<br /> shall maintain the�Property free ofi aIl liens naving priority over or equal to the inierest of Lender under this Deed ofi
<br /> Trust, except for the lien of iaxes and assessments not due and except as otherwise provided in this Deed of
<br /> Trust.
<br /> Right ta Contest. Trustor may withhold payment of any tax, assessment, or daim in connection with a good faith
<br /> dispute over tne ob[igaiion to pay, so fong as Lender's interest in tne 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 ot, if a lien is filed,
<br /> within fiifteen (15) days after Trustor has notice of the fili�ng, secure the discharge of the lien, or if requested by
<br /> Lender, deposit witn Lender cash or a sufficient corporete 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 /> resuli of a fioreclosure or sale under the lien. 1n any contesi,Trustor shall defend iYself and Lender and shall satisfy
<br /> any adverse judgment befo�re enforcement against the Property. Trusror shall name Lender as an additional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor snall upon demand furnish to Lender satisfactory evidence of payment of tne taxes
<br /> or assessments and shall au�thorize the a.ppropriate g�overnrnental official to deliver to Lender at any time a written
<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 furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien could be asserted on accoun�t of the work, services, or materials. Trustor will upon request of Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPEFiTY DAMAGE lNSIiRANCE. The following provisions relating to insuring the Property are a pari of this Deed of
<br /> Trust.
<br /> i1/f.aintenance of insurance. Trustor shafl procure and maintain po�licies of fire insurance witfh standard ex�tended
<br /> coverage endorsemenis on a replacement basis for the fulf insurable value covering all Improvements on the Real
<br /> Property in an amount sufificient to avoid appiication of any coinsurance clause, and with a standard mortgagee
<br /> clause in favor of Lender. Trustor shall also procure and maintain comprehensive generai liability insurance in such
<br /> coverage amounts as Lender may request wlth Trusiee and Lender being named as additional insureds in such
<br /> liability insurance policies. Additionally, Trustor shall mai.nYain such other insurance, induding but not li�mited to
<br /> hazard, business interruption, and boiler insurance, as Lender may reasonably require. Polieies shall be written in
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