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201206366
<br /> D�ED OF TFiUST
<br /> Loan BVo: S'100'[02�& (COn$inueCi) Page 2
<br /> authorized user of the Property shall use, generate, menufacture, store, treat, dispose of or release any Hazardous
<br /> Substance on, under, about or from tne Property; and (b) any such activity shall be conducted in compliance with
<br /> � all applicable federal., state, and local laws, regulatio�ns and ordinances, induding without limitaiion atl
<br /> Envi�onmental Laws. Trustor authorizes Lender and its agents to enYar 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 liabi�lity on the part ofi Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due d-i:(igence in
<br /> investigating the Property fior Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the evenrt 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, d:amages, penalties, and expenses which Lender may directly or indirectly s.ustain or suffer resulting firom
<br /> a breach of this section of the Deed of Trust or as a conseque��ce of any use, generation, manufacture, storage,
<br /> disposal, reJease or threatened release occurring prior to Trustor's ownership or interest in the Property, w�hether or
<br /> not tne 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 payment ofi the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shail not 6e 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, Trusior will not remove, or grant to any other party the right to remove, any timber, minerals (includi.ng
<br /> oil and gas), coal, clay, scoria, soil, gra�el or rock products without Lender's prior written consent.
<br /> Removal o#Improvements_ Trustor shall not dernolisn or remove any Improvements from the Real Property without
<br /> Lend.er's prior wtitten consent. As a condition to Yhe removal of any improvements, Lender may require Trustor to
<br /> make arrangements satisfiactory to Lender to replace such Improvemerts 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 /> reasona�bie 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 /> Compliance with Governmental Requirements. Trustor shall promptly 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, including without limitation, the Americans With Disabilities Act. Trustor m�ay contest in good faith any
<br /> such law, ordinance, or reguiation and withhold compliance during any proceeding, includ"ing appropriate appeals,
<br /> so long as Trusto�r has notified Lender in wriTing pri�or to doing so and so long as, in Lender's sole opinion, Lender�'s
<br /> interests in the Property are not jeopardized� Lender may require Trustor to post adequaCe 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 of the Property are
<br /> re.asbnably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lende�.r may, at Lender's option, declare immediate��ly due and payable a[I sums
<br /> secured by this Deed of Trust upon the sale or transfer, without Lender's p�ior written consent, of all or any part of the
<br /> Real Property, or any interest in the Real Property. A "sale or trensfer" means the conveyance of Real Property or any
<br /> right, title or interest in the Real Property; whether lega�:l, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold i:nierest with a
<br /> term greater than three (3) years, lease-option contract, or by sale, assi�gnment, or transfer ofi any beneficial 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. 1F any�rustor is a corporation, partnership or limirted i�isbility company, trensfer aiso includes any change in
<br /> ownership of more than twenty-five percent (25%) of the voting siock, partnership interests or limited Iiability company
<br /> interesfs, as the case may be, of such T�ustor. However, this option shall not be exercised by Lender if such exercise
<br /> is prohibited by fecleraf law or by Nebreska law.
<br /> TAXES AN�.D LIEI1f�S. The foliowing provisions relating to the taxes and liens on the PropeYty are part o�f this Deed of
<br /> Trust;
<br /> Payment_ Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assess�ments,
<br /> charges (including water and sewer}, fiines a�nd impositions levied against or on account of the Property, and shall
<br /> pay wnen due all daims for work done on or for services rendered or m�ateri�al fumished to the Property. Trustor
<br /> � shall main'tain the Property free of ail 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 with:hold payment ofi any'tax, assessment, ar 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 iien arises or
<br /> is fi}ed as a result of nonpayment, Trustor shafl within fiifteen (15) days after the iien arises or, if a lien is filed,
<br /> . wit�in fi�Yeen (15) days after Trustor nas notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufricient corporate surety bond or otner security satisfiactory to Lender in an
<br /> amount sufificient 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 u�.nder the lien. In any contest, Trustor shall defend itself and Lende.r and shall satisfiy
<br /> any adverse judgment befiore enforcement against the Property. Trustor shall nam�e Lender as an additional obligee
<br /> under any surety bond fiurnished in the contest proceedings. _
<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 govern�mental official to d�eliver 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 (9 5) days 6efore any work is oommenced, any
<br /> services are furnished, o.r any materials are supplied to the Property, if any mechanic's lien, materialrnen's lien, or
<br /> other lien could be asserted on account of the work, services, or materi�als. 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 foliowing provisions relating to insuring the Property are a part of this Deed ofi
<br /> Trust.
<br /> M�aintenance of Insurance. Trustor shali procure and maintain policies of fire insurance with standard extended
<br /> cove�age endorsements on a replacement basis for the full insurable value cove�ing all Improvements on the Reat
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a siandard mortgagee
<br /> clause in favor of Lender. Trustor shall also procure and maintain comprehe�sive general liability insurance in such
<br /> coverage amounts as Lender may re4uest with Trustee and Lender being named as additional insureds in such
<br /> liability insurance policies. Additionally, Trustor snall maintain sucn other ins�urance, including but not limited to
<br /> hazard., bus�ness inte.rruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in
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