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201207641
<br /> DEED OF TRUST
<br /> Loan No: 8100'1263 (COntlnued) Page 2
<br /> Duty to Mairntain. Trustor shal:l maintain ihe Property in tenantable conditio�n and promptly perform aIl repairs,
<br /> replacements, and maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represeMs and warrants to Lender that: (1) During the period ofi
<br /> Trustor`s ownership of the Property,there has been.rto use,generation, manufacture,storage,treatment, disposal,
<br /> release or 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 there has been, except as previously disclosed to and
<br /> ack.n�owledged by Lender in writing, (a) any breach or viol:ation of any Environmental Laws, (b) any use,
<br /> generation, manufiacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> [hreatened litigation o:r claims of any kind by any pe�son relating to such matters7 and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, coniractor, agent or othe�
<br /> authorized user ofi the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br /> Substance oa, under, about ot 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�. Trustor authorizes Lender and its agenis to enter upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender rnay deem appropriate to determine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspecvons or tests made by Lender 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. Tne representations antl warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (7) releases and waives any future claims
<br /> against Lender for indemnity or convibution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all da�ims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting firom
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufactu�e, storage,
<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 of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shall survive fhe payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien ofi this Deetl 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 ofi 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 grent 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 ofi Irnprovements. Trustor shall not demolish or remove any Improvements from tne Reaf Property witho.ut
<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 witn Improvements of at least equal
<br /> value.
<br /> Lender's RigMt to Enter. Lender and Lender's agents 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 Requirements_ Trustot 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 tbe
<br /> Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or Yegulation 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 posi adequate security or a suretiy
<br /> bond, reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither 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 ofi 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 all or any part of ihe
<br /> Real Property, ot 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, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contra�ct, land contract, contract for deed, leasehold interest with a
<br /> te.�m greate�Y 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 orther method of conveyance of an interest in the Real
<br /> Property. If any Trustor is a corporation, partnership or limited lia6ility company, transfer also includes any change in
<br /> ownership of more tha.n twenty-five perceM (25%J of'the voting stock, partnersnip interests or fimited�liability company
<br /> interests, as the case may be, of such Trustor. However, this option shall not be exercised by Lender if such exercise
<br /> is pro:hibited by federal law or by Nebraska law.
<br /> TAXES AND LIENS. The fiollowing provisions relating to the taxes and liens on the Property are part ofi this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due (and 7n all events prior to delinquency) all taxes, speci�al taxes, assessments,
<br /> cha:rges (includi�ng water and sewer), fines and impositions levied against or on accouni of the Property, and shall
<br /> pay when due all daims�for work done on or fo�r services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority over or e4ual to the interest of Lender under this Deed of
<br /> Trust, except fior the lien of taxes and assessments not due and except as otherwise provided in this Deed of
<br /> Trust.
<br /> Right to ConYest. Trustor may withhold payment of any tax, assessment, or claim in.connection with a good 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 ofi nonpayment, Trustor shall within fiifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifteen ('I 5) days after Trusto� has notice ofi 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' fiees, or other charges that could accrue as a
<br /> result of a foreclosure or sale untler 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 PaymenY. Trustor shall upon demand.fu[nish 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 and assessmeMs against the Property.
<br /> Notice of Construction. Trustor shall notify Lender at least fifteen (1 5) days before any work is commenced, any
<br /> services are fiumished, or any materials are supplied to the Property, if any mechanic's Iien, materialmen's lien, or
<br /> other lien could be asseried on account ofi the work, services, or mate�ials. TPustor will upon request of Lend�er
<br /> furnish to Lender advance assurances satisfactory to Lender that Ttustor can and will pay the cost of such
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