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201206456
<br /> DEED OF TRUST
<br /> Loan No:872058683 (Contlnued} Page 2
<br /> control of the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br /> replacements,and maintenance necessary to preserve its value.
<br /> Compliance With EnvironmeMal Laws. Trustor represents and warrants to Lender that: (1) During ihe period of
<br /> Trustor's ownership of the Property,there has beeh no use,generation,manufacture,storage,treatment,disposal,
<br /> release or threatened release of any Hazardous Substance by any person on,under, about or from the Property;
<br /> (2) Trustor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach ot 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, a6out or from the Property try any prior owners or occupanis of the Property,o�r (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br /> disdosed to and acknowledged by Lendet in writing, (a) neither Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shali use,generate,manufacture,store,treat,dispose of o�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 Iocal laws, reguiations and ordinances, including without limitation all
<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 of the
<br /> Proper[y with this section of the Deetl of Trust. Any inspections or tests made by Lender shali be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the part o#Lender to Trustor or
<br /> to a�y other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contri6ution in the eveM Trustor becomes Iiable foe cleanup or other costs under
<br /> any such laws;and (2) agrees to indemnify,defend,and hold ha�mless Lendei against any and all claims,losses, .
<br /> liabilities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this 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 of the Deed of Trust,
<br /> induding the obligation to indemnify and defend,shall survive the payment of the Inde6ted�ess and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Le�der's acquisition of any interest
<br /> in the Property,wfiether by foreclosure or otherwise.
<br /> Nuisance.Waste. Trustor Shail 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 g�ant to any other party the right to�emove,any timber,minerals(including
<br /> oil and gas),coal,day,scori�a,soil,gravel or rock products without Lender's prior wtitten consent.
<br /> Removal of Improvements. Trustor shall not demotish or remove any Improvements from the Real Property without
<br /> LendePs prior written consent. As a condition to the removal of any Improvements,Lender may require Trustor to
<br /> make arrangements satisiactory 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 m inspect the Real Property for purposes of Trustor's
<br /> compliance with the terms and conditions of this�eed of Trust.
<br /> Compliance with GovernmeMal Requirements. Trustor shali 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. 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 notified 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,Yo 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 /> reasonably necessary to protect and preserve the Properry.
<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 tPansfier,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, title or inierest in The Real Property; whether legal, beneficial ot equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehoid interest with 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 the Real Property,or by any otFier method of conveyance of an interest in the Real
<br /> Properiy. However, thiS option shall not be exercised by Lender if such ezercise is prohibited by fetleral law or by
<br /> Nebraskalaw.
<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. Trusior shall pay when due(and in all events prior to delinquency)all taxes,special taxes,assessments,
<br /> charges (including water and sewerL fines and impositions levied against or on account of the P�operty,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 Deetl 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 paymenY 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 noi jeopardized. If a lien arises or
<br /> is fi�led as a resuit of nonpayment.;Trustor shall within fifteen (15) days after the lien arises or,if a lien is filed,
<br /> within fifiteen(1 5)days after Trustor has notice of the filing,secure the discharge of the lien, or if requested by
<br /> Lender,deposit with Lender cash ot a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amou�t sufficient to discharge the lien plus any costs and attorneys'fees,or other charges that could acc�ue as a
<br /> resuft of a foreclosure or sale under the lien. In any contest,Trustor shall defentl itself and Lender and shall satisPy
<br /> any adverse judgment before enforcement against the Property. Trusmr shall name Lender as an additionai obligee
<br /> under any surety bond furnished in the contesY 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 governmental official to delive�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 leasi fifteen (15)days before any work is commenced;any
<br /> services are furnished,or any materials are supplied to the Property,if any mechanic's lien,materialmen's lien,or
<br /> otherlien could be asserted on account of the work,services,or materials. Trustor will upon request of Lender
<br /> furnish to Lender advance assurances satisfiactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
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