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201206457
<br /> DEED OF TRUST
<br /> Loan No: 872058713 (Continued) Page 2
<br /> disclosed to and acknowletlged 6y Lender in writing, (a) neither Trusior nor any te�ant,contractor,agent or other
<br /> authorized user of the Proper[y shall use,generate,manufacture,store,treat,dis:pose of or release any Hazardous
<br /> Substance on,undet,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. TrustoY authorizes Lender antl 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 /> Properry with this section of the Deed of Trust. Any inspections oY tests made by Lentler 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 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 ciaims
<br /> against Lender for indemnity or contribution in the event Trustor 6ecomes 1ia61e for cleanup ot other costs under
<br /> a�y 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 indirectly sustain or suffer resulting from
<br /> a 6reach of#his section of the Deed of Trust or as a consequence of any use,generation, manufacture,storege,
<br /> disposal,releass or threatened release accurring 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 Peed of Trust,
<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 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 nat remove,or grant to any other party the right to remove,any timber,minerals(induding
<br /> _oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior wr'itten consent.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lender`s prior written consent. As a condition m the removal of any Improvements,Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Imptovements with Improvements of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's ag�enYs and representaUves 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 ferms antl conditions of this Deed of Trust.
<br /> Compliance with Governmental RequiremeMs. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of a:ll governmental authorities applicable to the use or occupancy of the
<br /> Property. TrusYor may contest in good faith any such law,ordinance,or regulation and withhold compliance during
<br /> any proceeding, induding 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 interes4s in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety 6ond�reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon orleave 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 antl 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 afl or any part of Yhe
<br /> Reaf 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 fegal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright s:ale, 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,or trensfer of any beneficial interest in
<br /> or to any land trust holding title to the Real Property,or by any other merthod of 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 foliowing provisions relating to the taxes and liens on the Property are part of tfiis Deetl of
<br /> Trust:
<br /> Payment. Trustor shall pay when due(and in all events ptior to tlelinquency)all tares,special taxes,assessments,
<br /> charges (including 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 matetial furnished to the Property. Trusto�r
<br /> shall maintain the Property free of all liens having priotity 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 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 ovet the obfigation to pay,so long as Lender's interest in the Prope�ty is not jeopardiied. 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 tlischarge of the lien,or if requested by
<br /> Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfacEory 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 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 the taxes
<br /> or assessments and shall authorize the appropriate govemmental 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(151 days before any work is commenced,any
<br /> services are furnished,or any materials are supplied to tFie Property,if any mechanids lien,materialmen`s lien,or
<br /> other lien could be asserted on accouni 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 PNSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Mairftenance of Insurence. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the fuil insurable value covering all Improvements on the Real
<br /> Property in an amount su�cient to avoid application of any coinsurance clause,and with a standard mortgagee
<br /> clause in favor of Lender,together with such other hazard and tiability insurance as Lender m2y 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 certi#icates of insurance in form satisfactory to Lender,including stipulations that
<br /> coverages will not be cancetied or diminished without at least ten (10)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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