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201206311
<br /> DEED OF TRUST
<br /> Loan No: 872058095 (COntinued) Page 2
<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 Proper[y;antl (b) any such activity shall be conducTed in compliance with
<br /> all applicable federal, state, and local Iaws, regulations and ordinances, including without limitation all
<br /> Environmental Laws.. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspecYions and tests, at Trustor's expense, as Len�'er 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 LendePs
<br /> purposes only and shali not be construed to create any responsi.bility or liability on the part of Lender to Trustor or
<br /> to any other person. The represe�tations and warranties contained herein are based on Trustor's tlue diligence in
<br /> investigating the Property for Hazardous Substances. Trusior hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contri6ution in the event Trustor becomes liable for cleanup o�other cosTs under
<br /> any such laws;and I2) agrees to i�demnify,defend,and hold harmless Lender against any and all claims,Iosses,
<br /> liabilities,damages,.penalties,and expenses which Lende�may directiy or indirectly sustain or suffer resulting from
<br /> a breach of this section of the Deed of Ttust 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 Proper[y,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,shail survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall�ot 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, 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. Without limiting the generality of the
<br /> foregoing,Trustor will not remove,or graM to any other party the right to remove,any tirnber,minerals(including
<br /> oil and gas1,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 without
<br /> Lender's prior written co�sent. As a condition to the removal of any Improvements,Lender may require Trustor to
<br /> make arrengements satisfactory to Lender to replace such ImprovemeMs with Improvements of at least equsl
<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 tNis Deed of Trust. -
<br /> Compliance with @overnmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations,now or hereafter in effect, of all govemmental autfiorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any sucB 18w,ordinance,or regulation and withhold compliance during
<br /> any proceeding,induding appropriate appeafs, 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 inierests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate secu�ity or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> DuYy 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 fiorth above in.this section,which from the character and.use of Yhe 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 wriften 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; wheiher voluntary or involuntary;
<br /> whether 6y outright sale, deed, installment sale contrect, land contrect, contract for deed, leasehold interest wiYh a
<br /> term greater than three(3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in
<br /> or to any land trust holding title to fhe Real Property,or by any other method of conveyance of an interest in.the Real
<br /> Property. However, this option shall not be exercised 6y Lender if such exercise is prohibited by fede�al law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes 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(includiog water a�d sewer),fines and impositions levied against or on account of the Property,and shall
<br /> pay when due all claims for work tlone on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Properry free of 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 and except as otherwise provided in this Deed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax,assessment,or claim in conneetion 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,Ttustor shall�within fiifteen (15) days after the lien arises ar, if a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of the filing,secure the discl�arge of the lien, or if requested by
<br /> Lender,deposit with Lendet cash or a sufficient corporate surety bond or other security satisfactory to Lender irt an
<br /> amou�t suffici�ent 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 contest,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 /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of tfie 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 assessments against the Property.
<br /> Notece of Gonstruction. Trustor shall novfy Lender at least fifteen (15)days before any work is commenced,any
<br /> services are fumished,or any meterials are supplied to the Property,if any mechanic's lien,materialmen'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 foilowing 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 of fire insurance with standard extended
<br /> coverage endorsements on a replacement 6asis for the full insurable value covering all Impeovements on the Real
<br /> Property in an amount sufficieM to avoid application of any coinsurance clause,and with a standard 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 Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> from time to time the policies or certificates of insurance in form satisfactory to Lender,including stipulations that
<br /> coverages will not be cancelled or diminished without at least ten(10)days prior written notice to Lender. Each
<br /> insurance policy also shall indude an endorsement previding that coverage in favor of Lender will not be impaired
<br /> in any way by any act;omission or default of Trustor or any other person. Should the Real Property be located in
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