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201207520
<br /> DEED OF TRUST
<br /> Loan No: 872068747 (COntlllued) Page 2
<br /> control of the Property; (2) use,operate or manage the Property;and (31 collect the Rerns from the Property�.
<br /> Duty to Maintain. Trwstor shall maintain the Property in good co�dition and promptly perform all repairs,
<br /> replacements,and maintenance necessaryto preseYve its value.
<br /> Compliance With Environmental Laws. Ttustor represents and warrants to Lender that: (7) During the period of
<br /> Trustor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,
<br /> release or threatened release of any Hazardous Substance 6y any person on,under, about or from the Property;
<br /> (2) Trostor has no knowiedge of,or reason to believe that there has been,except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (6) any use,
<br /> generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance
<br /> ort, under, about or from the Property by any priot 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 (31 6ccept as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neithet Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or 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 local laws, regulations and ordinances, including without limitatiQn all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Properry 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 creaie 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. Trusmr hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws;and (2) agrees to indemnffy,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 breach of Yhis section of the Deed of Trust or as a consequence of any use,generation,manufacture,storage,
<br /> disposal,release or threate�ed release occurri�ng 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 /> 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 not remove,or grant to any other party the right to remove,any timber,minerals(including
<br /> oil and gas),coal,day,scoria,soil,gravel or rock products without Lender's prior wri'tten 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 to the removal of any Improvements,Lender may require Trustor to
<br /> make arrangements satisfactoty to Lender to replace such Improvemenis with Improvements of at least equal
<br /> value.
<br /> Lender's Right to Errter. Lender and Lender's agenYs and representatives 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 terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requiremerits. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect,of alI governmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law,ordinaoce,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,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neiiher 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 /> reasona6ly necessary to protect and presewe the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare immediately due and payable all sums
<br /> secured 6y this Deed of Trust upon the sale or transfer,without Lender's prior written consent,of alI or any part of the
<br /> Real Property,or any interest in the Real Property. A"sale o�transfer"means the conveyance of Real Property or any
<br /> right, title or interest in ihe Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, 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 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 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 6y
<br /> Nebreska law.
<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 /> Paymerrt. Trustor shall pay when due(and in all events prior to delinquency)all taxes,special taxes,assessments,
<br /> charges(induding 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 material fumished to Yhe Property. Trustor
<br /> shall maintain the Property free of all liens having prior'rty over or equal to the interest of Lentler under tliis Deed of
<br /> Trust, except fo�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 payme�t of any tax,assessment,or claim in connection witli a good faith
<br /> dispute over the obligation to pay,so long as Lender's inferest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment.Trustor shall within fifteen (75) 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 discharge of the lien,or if requested by
<br /> Lender;deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys'f2es,or other charges that could accrue as a
<br /> result of a foreclosute or sale under the lien. In any contest,Trustor shalf 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 fo Lender satisfactory evidence of paymenY 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 /> Natice of Construction. Trustor shall notify Lender at least fifteen(15)days before any work is commenced,any
<br /> services are furnished,or any materials are supplied m the Property, ifi any mecha�ic's lien,materialmen°s lien,or
<br /> otherlien could be asserted on account of the work,�ervices,or materials. Trustor will upon request of Lender
<br /> fumish to Lendet advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvernents.
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