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201207692
<br /> DEED OF -fRUST
<br /> Loan No: 8300'�335 (Gontinued� Page 2
<br /> generation�, manufacture, storage, treatment, disposal; release or ihreatened 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 acYual or
<br /> threatened litigation or claims ofi any kind by any person relating to such matters; and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in wriiing, (a) neither Trustor no�r 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 /> S.ubstance on, under, about or frorn the Property; and (b) any such activity shall be conducted in compliance with
<br /> ali applicable federai, state, and local laws, regulations and ordinances, indudi�ng witnout limitation al1
<br /> Environmental Laws.. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine cornpliance of YhE
<br /> Property with this section of tne �eed of T�ust. Any inspections or tests made by Lender stnal! be for Lender°s
<br /> purposes oniy and shall not be construed to create any responsibi�lity or iiability 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 ihe Property for liazardous Substances. Trustor hereby (1) reJeases and waives any future claims
<br /> against Lender for endemnity or contribution in the event Trustor becomes liable for cfeanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend,and hold harmless Lender against any and ali claims, losses;
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain.or suffer resulting 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 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 /> includi�ng the obligation to indemnify and�defend,shall survive the payment of'the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this D.eed ofi Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property, whether by foreclos�ure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any n:uisance nor commit, permit, or suffer any
<br /> siripping of or waste on or to the Properey or any portion ofi the Property: Withoui limiting the generality of the
<br /> foregoing,Trustor will not remove, or grani to any other party the right to remove, any timber, minerals (induding
<br /> oil and gas), coal, day,scoria,soil,gravel or rock products wiihout Lender's prior written consent.
<br /> Removal of Improvernents. Trustor shall not demoFish or remove any Improvements firom the Real Property without
<br /> Lender's prior written consent. As a condition to the removal of any lmprovements, Lender may require Trustor to
<br /> malce arrangements satisfactory to Lender to replace such Im�.provements with lmprovements of at least equal
<br /> value.
<br /> Lender's Right 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 inte.rests and to inspect the Real Property for purposes of Trustor's
<br /> compliance with the terms and conditi.ons of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly compiy with all iaws, ordinances, and
<br /> regulations, now or fiereafter in effect, of all governmental authorities applicabie to the use or o.ccupancy of the
<br /> Prooerty, inctuding without iimitation, ihe Americans With Disabilities Act. Trustor may contest in good faitA any
<br /> such law, ordinance, or regulation and withhold compliance during any proceeding, incYuding appropriate appeals,
<br /> so long as Trustor has notified Lender in writing p�ior to doing so and so long as,in Lencier's sole opinion, Lender's
<br /> interests ie� ihe Property are not jeopard:ized. 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 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 of the Prope�ty are
<br /> reasonably necessary to proYect and preserve Yhe Property.
<br /> DUE ON SALE-C011lSENT 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, witnout 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 tt�e Real Property; whether legal, beneficial oe equitable; whether voluntary or involuntary;
<br /> wfneiher 6y outright sale, deed, installment sale conYract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three (3) years, lease-option contract, or by saie, assignment, or t�ansfer of any be�e#icial interest in
<br /> or to any land Yrust hold.ing title to the Real IProperty, ar by e�ay otlher method of coaveyan�ce of an interesz in the Real
<br /> Property. If any Trustor is a corporaYion, partnership or limited liability company, trensfer aiso includes any change in
<br /> ownership of more than iwe�nty-five pe.rcent (25%) of the voting stock, partnership interests or limited liability company
<br /> interests, as the case may be, of such Trustor. However, this option shall not be exercised by Lender if such exerci�se
<br /> is prohibited by federal law or by Nebraska law.
<br /> TAXES AND LIENS. The fofiowing provisions relating to the taxes 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 to delinquency) all taxes, special 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 serv�ices rendered or material fumished to the Property. Trustor
<br /> shall maintain the Property free of aii liens havi.ng priority over or equai to the interest of Lender under ihis Deed o'�
<br /> Trust, excepe for the lien of taxes and assessments not due and except as otherwise provided irs this Deed of
<br /> Trusi.
<br /> Right to Contest. Trustor may witF�hold payment of any tax, assessment, or claim in connection with a good faith
<br /> dispute over the obligation to pay, so ➢ong as Lender`s i.nterest in the Property is not jeopardized. If a lien arises or
<br /> is filed� as a result of nonpayment, Trustor shall within fifteen ("153 days after the fien arises or, ifi a lien is filed,
<br /> within fifteen (15) days after Trustor has noti�ce 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 pius any costs and attorneys' fiees, 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 befiore 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. TrustoY shall upon tlemand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shal! authorize the appropriate governmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments agai�nst ihe Property.
<br /> 1�9ot�ce of Gonstruction. Trustor shall notify Lender at least fifteen (1 5) days before any work Ss commenced, any
<br /> services are furnished, or any materiais are supplied Yo the Property, if any mechanic's lien, materia9men`s lien, or
<br /> other lien couid be asserted on account ofi the work, services, or materiais. Trustor wi:!! upon reqe�est of Lender
<br /> fiurnish to Lender advance assurances satisfactory to Lender that Trustor can and wiil 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
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fiire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the full insutable value covering all Improvements on the Real
<br /> Prope�ty in an amount sufficient to avoid appiication ofi any coinsurance clause, and with a standard mortgagee
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