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201207755
<br /> DEED OF TRtJST
<br /> Loan I�io: 87001'!15 (Cont91"oU�d) Page 2
<br /> possession and use of the ProperCy shall be governed by the fiollowing provisions:
<br /> Possess�ion and Use. Until the o�ccurrence of an Event of Defiault, Trustor may (1) remain in possess:ion and
<br /> control of the Property; (2) use, operate or menage the Property; and (3) colFect the Renis�From the Property.
<br /> Duty to M�intain. Trustor shall maintain the Property in tenantable condition and promptly perfo:rm all re�p.a�rs,
<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 /> TrusYor's ownership of ihe Property, there has been no 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 tli.at there has been, except as previously disclosed to and
<br /> acknowiedged by Lender in writing, (a) any breach or violation of any Environmentaf Laws, (b) any use,
<br /> generation, manufacture, storage, treatment, disposal, release or threafened release of any Hazardous Substance
<br /> on, under, about or f�om the Property by any prior o�wners or occupants of the Property, o�r ic) any actual or
<br /> threatened litigaii�on or claims of any kind by any person relating to such matters; and (3) Except as previously
<br /> d�isclosed to and acknowledged 6y Lencier in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user ofi the Property shall use, generate, manufiacture, store, treat, dispose of or release any Hazardous
<br /> Substance on, under, about or trom the Property; and (b) any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and lo�cal laws, regulations and ordi:nances, including wiihout limi[ation ail
<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 compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tesis made by Lender shall be for Lender's
<br /> p�urposes 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. The representations ancJ warrAnties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liabl�e for cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify., defiend, and hol:d harmless Lender against any and all dai:ms, losses,
<br /> I:iabi�lities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this secti:on of tFi.e 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 Pro�perty, whether or
<br /> not tne same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnifiy and defend,shail 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 a.cquisition of any interest
<br /> in the Property, wneYner by fore�closure or othe�rwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance no� 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 /> o��il and gas), coal, clay,scoria, soil, gravel or rock products without Lender's prior writtert.consent.
<br /> Removal of Improvements. Trus[or 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 Trusto�r to
<br /> make arrangernents satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Reght to Enter. Lender and Lender°s agents and representa'tives may enter upon the Real Property at ail
<br /> reasonable times to attend to Lender`s interests and to inspect the Rea! Property for purposes of Trustor's
<br /> compli:ance with tne terms and conditions ofi this Deed ofi Trust.
<br /> Compliance with Govemrnental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> reg�ulations, now or hereafter in effect, of all governmental authorities applicable Yo the use or occupancy of the
<br /> Property, induding without limitaii:on, the Americans With DisaBilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or reg.ulation and w�ithhold compliance during a�y 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 so�le opinion, LendePs
<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 agrees neitner to abandon or leave un�attended the Property. Trustor shall do 211 other
<br /> acts, in addition to those acts set forth a6ove i�n this section, whicn from the character and use ofi the Ptoperty are
<br /> reasonably ne�cessary to protect and preserve the Property.
<br /> DUE OOV SALE- COI�lSENT BY LENDER. Lender may, at Lender's option, dedare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfer, wiihout 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 Prope�ny or any
<br /> right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sate, deed, installmenrt sale contract, land contract, contract for deed, leasehold i��nterest with a
<br /> term greater than three (3) years, lease�-option contract, or by sale, assignment, or transfer ofi any benefiicial interest in
<br /> or to any I�nd trust holding title to the Real Property, or by any other method of conveyan�ce ot an i.nterest in the Real
<br /> Property. However, this option shall not be exercised by Lender if such exercise is prohibited 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 Deeci of
<br /> Trust:
<br /> Payment. Trustor shali pay when due (and in all events prior to detinquency) 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 services rendered or material furnis�hed 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 oi
<br /> Trust, except for the li�en of taxes and assessments not due and except as otherwise provided in this Deed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold paymenY of any tax, assessment, or claim in connection with a go.o.d faith
<br /> dispute over the obli.gation 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 fifteen (15) days after the Lien arises or, if a I.ien is tiled,
<br /> within fifteen (15} days after Trustor has notice of the fiiling, secure the discharge of tf�e lien, or if requested by
<br /> Lendet, deposit witfi Lentler casn�or a sufficient corporate surety bond or other security saLisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attomeys' fees, or other charges that coWd accrue as a
<br /> result of a forecPosure or safe under the lien. ln 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 /> uncier any surety bond furnished in�the contest proceedings.
<br /> Evie3ence of Payment. Trustor shall upon demand furnish to Lender satisfacrory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental official to deliver to Lender�ai any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construction_ Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br /> services are fumished, or any marerials are supptied to the Property, if any mechartic's lien, materialmen's lien, or
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