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201206621
<br /> DEE� OF TRUST
<br /> Loan No: 81000975 (Continued} � Page 2
<br /> disclosed to and acknowledged by l�ender in wriYing, (a1 neither Trustar nor any tanant, contractor, agent or other
<br /> authorized �ser o#the Properly shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br /> Substance on, uRder, about or'From the Property; and (b) any such activity shall be conducted in compliance with
<br /> al] appficable fiederal, state, and local ]aws, regulaiions 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 iests, 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 #ests made by Lender sha31 be for Lendes's
<br /> purposes only and sha][ not be construed to create any responsibility or IiabiliYy on the part of Lander to Trustor pr
<br /> to any other person. The represerrtations and warranties contained herein are 6ased on Trustar's due diligence in
<br /> investi3ating the Property for Hazardous Substances. Trustor hereby (1] releases and waives any fiuture claims
<br /> agalnst Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or otF�er costs under
<br /> any such laws; and (2) agrees#o indemnify, defend, and hold harm[ess Lender against any and afl claims, [osses,
<br /> IiabiliYies, damages, penalties, and expenses whic[� Lender may directly or indirac#]y sustain or sLe-Ffer rasulting-from
<br /> a breaci� of this sectiorz of the Deed of Tr�st or as a consequence of any use, generativn, manufacture, storage,
<br /> disposal, releasa or ihreatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br /> not the same was or should have t3een know.n to 7'rustor. Tfne provisions of this seciion of the 17eed ofi Trust,
<br /> including ihe obligation to indemnify and defiend,shall survive the payrrtent of the Endabtedness and the satisfaction
<br /> and reconveyance of Lhe [ien of this 17eed of Trust and shaEl not be affected by�ender's acquisition of any interest
<br /> in the Yroperty,whether by foreclosure or otherwise.
<br /> 11[uisance, Waste. Trustor shali not cause, conduct or permi# any nuisance nor commit, permit, ar suffer any
<br /> stripping of or waste on or#o the Proper€y or any portion of the Property. Without lirriiting the generality of the
<br /> 'Forcgoing,Trustor wi[I not remove, or grant to any other party the right to remove, any timE�er, minerals {including
<br /> oil artd gas}, coaE, clay, scor3a, soil, gravel or rock prod�cts without Lender's prior written consent.
<br /> Removal of Impro�ements. Trustor sha]l not demolish or remove any lmprovements from the Fteal Property without
<br /> Lender's prior wriiten 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 afi at least equa[
<br /> vaFue.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter �pon the i4eal Property ai all
<br /> reasortable times to atte�d io Lender's interests and to inspect the Real Property for purposes of 'Trustor's
<br /> compliance with thc tcrms and conditions of this �eed of Trust.
<br /> Compliance with Governmental Req�irerrtents_ 7rustor shal] promptly comply wit3z all laws, ordinances, and
<br /> regu{aYions, now on c�rcaftcr in effect, of a!I governmental authorities applicable to the use or occupancy of the
<br /> Property, including wiihout [imitation, fihe Americans With Disabilities Act. Trustor may contest in good faith any
<br /> se�ch law, ordinance, or regulation and withhold comPliance during any proceeding, incEuding apprppriate appeals,
<br /> so long as Trustor has notifiied Lender in writing prior 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 posi adequate security or a surety
<br /> bond, reasonably satisfactory Yo Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrces neither to abandon or leave unatiended ihe Proper[y. Trusior shalf do alf 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 Property.
<br /> DUE OR!SALE-COR[SET1T BY LENDER. Lender may, at Lender's option, decEare immediate[y due and payab[e all s�ms
<br /> secured i�y this Deed of'fr�st upon the sale or transfer, without Lender's prior written consent, of al1 or any part of the
<br /> Rea] Property, or any interest in the Real Property. A ^sale or Eransfer" means the conveyance of Reai Property or any
<br /> right, tiile or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outrighY salc, dccd, insiallment sale contract, land contract, contract for deed, leasehv[d interest with a
<br /> term greater thart three (3) years, lease-option contract, or by sa[e, assignment, vr transfer ot any beneticial interest in
<br /> or to any land trust holdtng tiilc to the Real Proper[y, or by any other meihod of conveyance of an interest in the Rea[
<br /> PropeRy. If any Trustor is a corporation, partnership or limited [iability company, trans�Fer also includes any change in
<br /> owncrship of rrtorc than twenty-five percenY {25%1 of the voting stock, partnership iMerests or limited liability company
<br /> interests, as ihe case may he, of such Trustor. However, this option shal[ not be exercised by Lender if such exercise
<br /> is prohibited by federal faw or by Nebraska [aw.
<br /> TAXES AND LIENS_ The fo[lowing provisions relating to the Eaxes 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 io delinquencyl all taxes, special taxes, assessments,
<br /> r.hargPs Gncluding water and sewer}, fines and impositions Icvicd against or on account of thc Property, and shall
<br /> pay when due all claims for work done on or for services rendered or material fiurnished to the Property_ Trustor
<br /> shall maintain the Prnperty free of all Eiens having priority over or ec�uai to the lnterest 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 Corrtest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br /> dispute over tFie obligation to pay, so lony as Lender's irrLeres�€in Che Properly is no�t jeopardized. If a lien arises or
<br /> is fi[ed as a result of nonpayment, Trustor shall within fifteen (151 days after the [ien arises or, if a iien is filed,
<br /> within fifteen (15) days aE�er Trusior has notice oi the filing, secure the discharge of the [ien, or if requested by
<br /> Lender, daposit wiih Lender cash pr fl sufficient cvrpprate surety bnnd nr nthPr seruriiy satisfar.inry to Lender in an
<br /> arr�our7i sufficient eo discliarge the lien plus any costs and attorneys' fees, or other charges that cou]d accrue as a
<br /> result of a foreclosure ar sale under tF�e lien_ ]n any r.nntest, Trustnr snall defend itself and Lender and shall safisfy
<br /> any adverse je�dgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond fumished irt tfrte cpntest proceedings.
<br /> Evidence of Payment. Trustor shell upon demand furnish to Lender satisfactory evidence of payment of ihe taxes
<br /> or assessments and shall auihori�e the apprn�ria#e gnvemme�ral official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> kVofice of Const[uction. T�usto� shall natify L-ender at least fifteen {15} days hefore any work is commenced, any
<br /> services are fumished, or any materials are supplied to the Property, if any mechanids lien, materialmen's [ien, or
<br /> other fian could be asserted on account vfr the work, services, or rT3aeerials. Truscor well upon reyuesi of Lender
<br /> fiumish to Lender advance assurances satisfactory Eo Lender thai Tr�stor can and wi31 pay the cost of such
<br /> improvements-
<br /> PROPERTY DAMAGE INSUFiANCE, The following provisions relating to insuring the Prope�-ty are a part of this �eed vf
<br /> Trust-
<br /> Maintenance of fnsurence. Trustor shafl procure and maintain policies of fire insurance wiih standard extended
<br /> coverage endorsements on a replacement basis for the fuEl insurable value covering al] Improvemencs on the Rea[
<br /> Property i� an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> clause in favor of Lender. Trus#or shell also proc�re and maintain cornprek�erosive yeroeral liabili�y insurance ir�such
<br /> coverage amounts as Lender may req�est w9th Trustee and Lender beirg named as edd9tional insureds in such
<br /> ]iability insurance policies. Additivnally, Trus#or sE�al[ maintain such ocher insurance, induding but not limited to
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