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201206278
<br /> DEED OF TRUST
<br /> Loan No: 872058675 (Continued) Page 2
<br /> control of the Property; (2) use,operete or manage the Property;and (3) collect the Rents from tFie Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repaits,
<br /> replacements,and maintenance necessary to preserve its value.
<br /> Compliance WRh Envvronmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br /> Trustor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,
<br /> release or Yhteatened release of any Hazardous Substance by any person on, under,about or from the P�operty;
<br /> (2) Trustor has no knowledge of,or reason to believe that there has 6een,except as previously disdosed to and
<br /> acknowledged by Lender in writing, (a) any 6reach or violation of any Environmental Laws, (b) any use,
<br /> generation, manufacture, storage,treatment;disposal,release or threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> tBreatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<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 /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor auihorizes 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 shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br /> to any other pers.on. The representations and warranties contained herein are 6ased on Trustor's due diligence i�
<br /> investigating the Properry for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution 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 all claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may directly or indirecUy sustain or suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use,generetion,manufacture,storage,
<br /> tlisposal,release or threatened release occurring prior to Trustor's ownership or inierest in the Properry,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 paymeni of the Indetitedness and the satisfactFon
<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,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, co�duct 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,TrusYor will not remove,or grant to any other par[y the right to remove,any timber,minerels(including
<br /> oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent.
<br /> Removal af 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 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 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 /> compGance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Govemmental RequiremeMs. Trustor shall pro:mptly 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 conYest in good faith any such law,ordinance,or regulation and withhold compfiance during
<br /> any proceeding, including apptopriate appeals,so long as Trustor has notified Lentler in wriYing 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 stiall do all other
<br /> acts,in addition to those acts set forth.above in this section,wliich trom tBe charactet 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 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 Proper[y or any
<br /> right, title or interest in the Real Property; whether legal, Lieneficial or equitable; wFiether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract,land contrect, contract for deed, leasehold interest with a
<br /> term greater than three(31 years,lease-option contract,or by sale,assignment,or trensfer of any beneficial interest in
<br /> or to any land trust holding title to the Real Property,or by any other meYhod of conveyance of an�interest in the Real
<br /> Property. However, this option shall not be exercised by Lender if such exercise is prohitiited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Properiy a�e part of this Deed of
<br /> Trust:
<br /> Paymerrt. Trustor shall pay when due(and in all events priot to delinquency)all taxes,special taxes,assessments,
<br /> charges(induding water and sewer),fines and impositions levied against or ort account of the Property,and shall
<br /> pay when due all claims for work done on or for services rendered or material fumishetl to the Properry. TrustoY
<br /> shall maintain the Property free of all liens having priority over or equsl 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 this Deed of Trust.
<br /> Right to Contest. Trustor may withhold payment of 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 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 corporate surety bond or other 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,Trastor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against'the?roperty. Trustor shall�ame Lender as an additiona.l obligee
<br /> under any surety bond furnished in the contest proceecings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental official to tleliver 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)tlays before any work is commenced,any
<br /> services are furnished,o�any materials are supplied to the Property,if any mechanic's lien, materialmen's lien,or
<br /> other lien could be asserted on accouM of the work,services,or materials. Trustor will upon request of Lender
<br /> fumish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
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