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201206263
<br /> DEED OF TRUST
<br /> Loan No: 872058705 (Colltinued) 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 Hazardous
<br /> Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br /> aIl applicable federal, state, and local laws, regulations and ordinances, including without lirnitation ali
<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 ofi 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 shail not be construed to create any responsibility or liability on the part of Lende�to Trustor or
<br /> � to any other person_ The representations and warranties contained nerein are based on Trustor's due dilige�nce in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any fiuture daims
<br /> against Lender fior indemnity or coMribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnifiy, defend, and nold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses whicn Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of ihis section of the Deed of Trust or as a 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 ofi the Deed of Ttust,
<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 affecYed by Lender's acquisition of any interest
<br /> in the Property,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suifer any
<br /> stripping of o� waste on or to the Property or any portion ofi the Property. Without limiting the generality of the
<br /> foregoing, Trustor wili 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 shall not demolish or remove any Improvements from the Real Property wiihout
<br /> Lender's prior written consent. As a condition to the removal of any Improvemen'ts, Lender may require Trustor to
<br /> make arrangements 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 represeMatives may enter upon the Real Property at all
<br /> reasonable times to attend to Lender's interests and to inspect the Real Property fior 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 alI Iaws, 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 law, ordinance, or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals, so long as Trustor has notifiied 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 all otner
<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 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 a[I sums
<br /> secured by this Deed of Trust upon tne sale or transfer, without Lender's prior written consent, ofi ai1 or any part of the
<br /> Real Proper;y, 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 outright sale, deed, installment 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, o�t�ansfier of any beneficial iMerest in
<br /> or to any land trust holding title to the Real Property, or by any other method ofi 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 p.rovisions relating to the taxes and liens on the ProperYy are part of this Deed ofi
<br /> Trust:
<br /> Payment. Trustor shall pay when due (and in all eve:nts prior to delinquency) all taxes; speciai taxes, assessments,
<br /> charges (:i.ncluding water and sewer), fines and impositions levied against or on account of the Property, and shall
<br /> pay when due all daims for work done on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free ofi 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, except for the Existing Indebtedness referred to
<br /> below, and except as otherwise provided in Yhis Deed of Trust.
<br /> Rjght to Contest. Trustor may withhold payment of any tax, assessment, or ciaim in connection with a good faith
<br /> dispute over tne obligation to pay, so IOng as Lender's inierest 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 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 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 /> result of a foreclosure or sale under the lien. In any coniest,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 /> urider any surety bond furnished in the contest proceedings. � .
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfiactory evidence of payment of the taxes
<br /> or assessments and shall authorize ihe appropriate governmental 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 (1 5) days before any work is commenced, any
<br /> services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materi.almen'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 that Trustor can 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 /> Maintenance of Insurance. Trustor shall procure and maintain policies ofi fiire 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 amo�unt sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> clause in favor ofi Lender, together with such other hazard and liability insurance as Lender may reasonably require.
<br /> Policies shall be written in form, amounts, coverages antl basis reasonably acceptable to Lender and issued by a
<br /> company or comparties reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> from tim�e to time the policies or certificates of insurance in form safisfacto:ry to Lender, including stipulations that
<br /> coverages wiFl not be cancelled or diminisned 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 not be impaired
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