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201207758
<br /> DEED OF TRUST
<br /> Loan No_ 81001065 (CO�lflnUed) Page 2
<br /> TRUSTOR'S WAIVERS. Trustor waives alf rights or defenses arising by reason.of any "one acti.on"or "anti-deficiency"
<br /> law, or any oiher iaw which may prevent Lender from bringing any action against Trustor, inciuding a claim for
<br /> deficiency to the extent Lender is otherwise entitled to a claim for defiiaiency, before or after Lender's commencement
<br /> . or completion of any foreciosure action, either judicially or by exercise ofi a power of sale.
<br /> PAYMENT AND PERFORMAI�fCE. Except as otherwise provided in tnis Deed of Trust, Borrower and Trustor shall pay to
<br /> Lender ail Indebtedness secuYed by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly
<br /> perform ali their respective obligations under the Note,this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAlEVTENAI�LCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br /> possession and use of the Property shall be governed by the following provisions:
<br /> Possession and Use. Until the occurrence of an Event of Defiault, Trustor may ("i) remain in possessi:on and
<br /> control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br /> Duty to Maintain_ Trustor shail maintain the Property in tenantable condition and promptly perform a:li repairs,
<br /> replacemenis, and maintenance necessary to preserve its value.
<br /> Compliance With Environmenta! Laws. Trustor represents anci warrants to Lender that: (9) 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 by any person on, under, about or firom the Property
<br /> (2) Trustor has no knowledge of, or reason to bel.ieve that there has been, exaept as previ.ously disclosed to and
<br /> acknowledged by Lender in writing, (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 Property by any prior 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 (3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent o�otner
<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 /> alf applicable federal, state, and local laws, regulations and ordinances, includ�ing without limitation all
<br /> Environmenta! Laws. Trustor authorizes Lender and its agents to enter upon the Property to mal<e such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropri�ate to determine compiiance of the
<br /> Property with th�is section of the Deed of Trust. Any inspections or tests m�de by Lende:r shaii 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� The representations and 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 contributi.on in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmiess Lender against any and all claims, losses,
<br /> liabilities,damages, penalties, and expenses which Lender may directly or indirectly sustai:n or suffer resulting firom
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release pr threatened release occurring prior to Trustor's owne�rship or interest in the Property,whether or
<br /> not the same was or sho�uld have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obfigation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the Iien o'f this Deed of Trust and s:hali not be affected by Lender's acquisitio� 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 /> fioregoing, Trustor will not remove, or graM To any other party the right to remove, any timber, minerals (including
<br /> oil and gas), coat, clay,scoria, soii, 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 pri�o�written consent. As a condition ro 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 Pro.perty 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. Trustor shall promptly comply with aIP laws, ordinances, and
<br /> regutations, now or hereafter in effect, of all govemmentai authorities appiicabie to the use or occupancy of the
<br /> Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br /> such law, ordinan�ce, or regulation and withhold compliance during any proceeding, includi.ng appropriate appeals,
<br /> so long as Trustor has notifiied Lender in writing prior to doing so and so long as, in Lender's sole opinion, Len�der's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a sureYy
<br /> . bond, reasona.bly satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property.. Trustor snall do all otner
<br /> acts, i�n addition to those acts set forth above in this section, which from the characte�r and use of 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, dedare immediately d�ue and payable all sums
<br /> secured by this Deed ofi Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br /> Real Property, or arty interest in the Reaf Property. A "sale or transfer" means the conveyance of Real Property or any
<br /> right, tetle or inieresi in the Real Property; whether legai, beneficial or equitabie; whether voNuntary or involuntary;
<br /> whether by outright sale, deed, installment sale conttact, land contract, contract for deed, le�asehold i�nterest with a
<br /> term greater Yhan three i3) years, Iease-option contracY, or by sale, assignment, or transfer of any benefiicial 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 noY 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 Deed of
<br /> Trust:
<br /> Payment_ Trustor shall pay when due (and in aii events prior to delinquency) all Yaxes, special taxes,assessments,
<br /> charges (including water and sewer), fi�nes and impositions levied against or on account of the Prope�rty, and shall
<br /> pay when due all claims for work done on or for seNices rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all fi�ens having priority over or equal to the interes�t of Lender under this Deed of
<br /> Trust, except for tne lien of taxes and assessments not due and except as otherwise provided in tnis Deed of
<br /> Trust.
<br /> Right to Contest.. T�ustor may withhold payment ofi any tax, assessment, or daim in connection with a good faith
<br /> dispute over the obligation to pay, so fong as Lender's interest in the Property is not jeopardized. If a iien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of the filing, secure tne discnarge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate sure'ty bond or other security satisfactory to Le�nder in an
<br /> amo�unt sufficient to discharge the Pien plus any costs and attorneys' fees, or other cnarges thaY could accrue as a
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