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201206110
<br /> DEED OF TRUST
<br /> Loan No: 872058667 (Colltitlued) Page 2
<br /> disdosed to anB acknowledged by Lender in writing, (a) neiiher Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property shall use, generate, manufiacture, 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 wiih
<br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor autho�izes Lender and its agents to enter upon the Property to make such
<br /> Enspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compli�ance of the
<br /> Property with this section of ihe Deed of Trust. Any inspections 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 Trustor or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating tne Property for Hazardous Substances. Trustor hereby (1) releases and waives any future daims
<br /> against Lender for indemnity or contri�bution 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 afl claims, losses,
<br /> .Iiabiliiies, damages, penalties,and expenses which Lender may directly or indirectly sustain or suffer resuRing from
<br /> a breacn of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release ot 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 defiend, shall survive the payment of the Indebtedness and tne 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,wnetner 6y foreclosure or otherwise.
<br /> Nuisance, Waste_ Trustor shall not cause, co�nduct 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 P�operty. Without limiting the generality of tne
<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, day,scoria,soil, gravel or rock products without Lende�'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 condifion to the removal of any ImprovemeMs, Lentler may requi�re Trustor to
<br /> make arrangements satisfactory to Lender to replace such ImprovemenYs with Improvements of at least equal
<br /> value.
<br /> Lender s Right to Enter. Lender and �ender's agents and represe�ntatives 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 ofi 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, and
<br /> regulations, now or hereafter i.n effect, of all governmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may eontest in good faith any such law, ordinance, or regulation and withho:ld 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 tne Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond, reasona6ly 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 secti.on, which from the character and use of the Proper[y 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 tYansfer,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, iitle or interest in the Real Property; whether legal, beneficial or equitabie; 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 Yhree (3) years, lease-option contract, or by sale, assignment, or transfer of any benefici�al interest in
<br /> or 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 ihe iaxes 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 and sewe:r), fines and im:positions levied agai��nst or on account of the Property, and shall
<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 Property free of all liens having priority over or equal to the interest of Lender under this Deed ofi
<br /> Trust, except for the lien of taxes and assessments not due, except for the Existing Inde:bted:ness referred to
<br /> below, a�nd except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhold payment ofi 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 fifteen (15) days after the lien arises or, if a lien is fiile8,
<br /> within fifteen (l5) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lende�, deposit with Lender cash or a sufificient corporate surety bond or otner security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attotneys' 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. Ttustor shall name Lender as an add.itional obligee
<br /> under a�y surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfaetory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assess:ments 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 ihe Property, if any mechanic's Iie�n, materialmen's lien, or
<br /> other Iien could be asserted on account of the work, services, or meterials. Trustor will upon request ofi Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> i m p roveme nts.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance_ Trustor shall procure a:nd maintain policies of fire insurance 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 ofi any coinsurance clause, and with a standa�d mortgagee
<br /> clause in favor of Lender,together with such other hazard and liability insurance as Lender may reasonably require.
<br /> Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lende�r and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request ofi Lender, will deliver to Lender
<br /> from time to time the policies or certificates of insurance in fiorm satisfactory to Lender, including stipulations that
<br /> coverages will not be cancelled or diminished without at least ten {1 O) days prior written notice to Lender. Each
<br /> insurance policy also shall include an endorsement providing that coverage in favor of Lender will noi be impai:red
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