|
2�120��37
<br />DEED OF TRUST
<br />(Continued) Page 2
<br />Compllance With Envi�onmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Properly, there has been no use, generetion, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Properly;
<br />(2) Trustor has no knowiedge of, or reason to believe that there has been, except as previously disclosed to and
<br />acknowledged by Lender in writ(ng, (a) any breach or 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, about or from the Properly by any prior owners or occupants of the Properly, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relaUng 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 Properly shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Properly; 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. Trustor authorizes Lender and its agents to enter upon the Properly to make such
<br />inspections and tests, at Trustor's expense, as Lerttier may deem appropriate to determine compliance of the
<br />Properly 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 create any responsibility or Ifability on the part of Lender to Trustor or
<br />to any other person. The representations and waRanties contained herein are based on Trustor's due dilfgence in
<br />investigating the Properly for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />against Lender for indemnity or contribution in the event Trustor becomes Ifable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lernier against any and all claims, losses,
<br />Ilabilkies, damages, penalUes, and expenses which Lender may dfrecUy or indirectly sustain or suffer resultlng 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 Properly, 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 Ilen 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 portfon of the Property. Wlthout limiting the generalfty 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, clay, scoria, soil, gravel or rock products without Lender's prior written 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 satisfactory 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 Properly at all
<br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of TrustoPs
<br />compliance with the terms and conditions of th(s Deed of Trust.
<br />Compllance with Govemmental Requlrements. Trustor shall prompUy comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all govemmental authorities appUcable to the use or occupency of the
<br />Properly, including without limitation, the Americans With Disabilkies Act. Trustor may contest in good fafth any
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
<br />so long as Trustor has notified 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 post adequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agr�s nefther to abandon or leave unattended the Properly. Trustor shall do all other
<br />acts, in addition to those acts set forth above in this section, whfch from the character and use of the Properly are
<br />reasonably ne�ssary 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 thfs 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; whether legal, beneftcial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, conVact for deed, leasehold interest with a
<br />term greater than three (3) years, lease-opUon 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 exerc(se is prohibited by federal law or by
<br />Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and ifens on the Property are part of this Deed of
<br />Trust:
<br />Payment Trustor shall pay when due (and in all events prlor to delinquency) all taxes, specfal 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 claims for work done on or for services rendered or material fumished to the Properly. Trustor
<br />shall maintain the Property free of all Ifens 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 and except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or clafm in connection with a g�d faith
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. if a lien arises or
<br />is filed as a result of nonpayment, Trustor shall within flfteen (15) days after the lien arises or, if a lien Is flled,
<br />within fifteen (15) days after Trustor has notice of the flling, 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 Lerxler in an
<br />amount sufficient to discharge the Ilen plus any costs and attomeys' fees, or other charg� that could accrue � a
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satlsy
<br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additlonal obflgee
<br />under any surety bond fumished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand fumish 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 w�itten
<br />statement of the tax� arid assessmerds against the Properly.
<br />Notice of Constructlon. Tn.istor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are fumished, or any materials are supplied to the Properly, if any mechanic's lien, materialmen's Ilen, or
<br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of 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 relatfng to insuring the Property are a part of this Deed of
<br />Trust.
<br />
|