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201206676
<br /> DEED OF TRUST
<br /> Loan No: 872056'17'F (COntinU6d) Page 2
<br /> Duty to Maintain. Trustor shall maintain the Property in good condition and prompily perform all repairs,
<br /> replacements, and maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br /> Srustor's ownership of the Property,there has been no use,generation, rnanufacture,storage,treatment, disposal,
<br /> release oi 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 tnere nas been, except as previo.usly disclosed to and
<br /> acknowledged by Lender in writing, (a) any breacn or violation of any Environmental Laws, (b) any use,
<br /> generation, manufacture, storage, treatment, disposal, release or tnreatened release of any Hazardous Substan�ce
<br /> on, under, about or from the PropePty by a�ny prior owners or occupants of the Property, or (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 /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property shafl use, generate, martufiacture, store, treat, dispose of or release any Hazardous
<br /> Substance on, under, about or from the Property; and (b) any such activity shall be co.nducted i�n compliance with
<br /> all applicable federal, state, and local laws, regulations and� ordinances, inciuding without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to m�ake 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 ereate any responsibility or liability on the part of Lender to Trustor or
<br /> to any other person. The represeniations and warcanCies contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby ('I) releases and waives any fiuture claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for c�leanup or other coSts under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all daims, losses,
<br /> liabilities, dam�ages, penalties, and expenses which Lender may directly or indirectly susrtain or suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a consequenee of any use, generation, manufacture, s[orage,
<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.ofi 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 ofi the lien ofi 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 Pro�perty. Without limiting the general:ity of the
<br /> foregoing,Trustor will not remove, ar grant to any other party the right to remove, any timber, minerals (including
<br /> oil and gas), 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 Improvemenis from the Real Property without
<br /> Lender's prior written 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 of at least equal
<br /> value.
<br /> Lender's RighY to Enter. Lender and Lender's agenis and representatives may enter upon the Real Property ai all
<br /> reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of TrusmPs
<br /> compliance with the terms and conditions of this Deed of T�ust.
<br /> Compliance with Govemmental 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. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during
<br /> any proceed�ing, including appropriate appeals, so long as Trustor has notified Lender in writing prior ro 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 saiisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neiiher to abandon or leave unattended ihe 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 presetve the Property.
<br /> DUE ON SALE-CONSENT BV 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 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; whetfier legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, coMract for deed, Ieasehold 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 other method of conveyance of 8n interest in the Real
<br /> Property. However, this option shall not be exercised by Lender if such exercise is prohi:bited by federal 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 ofi
<br /> TrusY:
<br /> Payment. Trustor shall pay when due (and in all events prior io detinquency) all taxes, special taxes, assessments,
<br /> charges (including water and sewer), fines and impositions levi:ed against or on account of Yhe Property, 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 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 withnold payment of any tax, assessment, or claim in connection with a good fiaith
<br /> dispute over the obligation to pay,so long as Lender's interest in tne Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fifteen (95) days after the lien arises or, if a lien is filed,
<br /> within fifteen (75) days after Trustor has notice of the filing, secure the dis.charge of the lien, or if requested by
<br /> Lender,deposit with Lender cash or a sufficient corporate surety bond or oiher security satisfactory 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_ Trusior shall name Lender as an additional obligee
<br /> under any surety bond fumished in ihe 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 deliver to Lender at any time a written
<br /> statement of the taxes a:nd assessments against the Property.
<br /> Notice of Construction. Trustor s:haJl notify Lender at least fifteen (15) days before any work is commenced, any
<br /> - services arz furnished, or any materials 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 ofi Lender
<br /> fumish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
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