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201207892
<br /> DEED OF TRUST
<br /> Loan No: 373051729 (COntinued) Page 2
<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 ofi 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 /> discbsed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized uset of the Property shall use, generate, manufacwre, 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 /> ail applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trusto� 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 tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsi.bility or liability on the part of Lender to Trustor or
<br /> to any other person. Tne representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Ttustor hereby ('I) releases and waives any fiuture claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable fior cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend,and hold harmless Lender against any and all daims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain.or suffer resuking 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 or threatened release occurring prior to Trustor's ownership or interest in the Properiy, whether or
<br /> not the same was or should have been known to Trustor.. The provisions of this section of the Deed ofi Trust,
<br /> including the obligaiion to indemnify and defend,shall survive the payment ofi the Indebiedness and the satisfaction
<br /> and reconveyance of the lien of this Deed ofi Trust and snall 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 portion of tFee Property. Without limiting the generality of ihe
<br /> foregoing, Trustor will not remove.., or grant to any other party the right to remove, any timber, minerals (inctuding
<br /> oiI and gas), coal, clay, scoria,soil, gravel ot rock products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall not demolisfi 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 aY least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon tne Rea.l Property at all
<br /> reasonable times to attend. to Lender's interests and to inspe�ct the Real Property for purposes of Trustor's
<br /> compliance with the terms antl conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor 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 the
<br /> Property. Trustor may contest in good faith any such law, ordinance,or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br /> and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety 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 Property are
<br /> reasonably necessary to protect and preserve the Property.
<br /> Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct
<br /> or armplete construction of any Improvements on Yhe Property,the Improvements shall be completed no later than
<br /> the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Trustor shall pay in full
<br /> all costs and expenses in connection with the work. Lender will disburse Ioan proceeds under such terms and
<br /> conditions as Lender may deem reasonably necessary to insure that the inrerest created by this Deed of Trust shall
<br /> have p�iority over all possible liens, including those of material suppliers and workmen. Lender may require, among
<br /> other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens,
<br /> construction progress reports, and such other docum�entation as Lender may reasonabfy request.
<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 the
<br /> Real Property, or any interest in ihe Real Property. A "sale or transfer" msans the conveyance of Real Property or any
<br /> right, iitle or interest in the Real Property; whether legal, beneficial or equitable; whether volu�tary or involuMary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contrect for deed, leasehold i.nterest with a
<br /> � term greater than three (3) years, lease-option contract, or by sale, assignment, or transfier 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 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 ofi
<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 Ievied againsi or on accouM of the Property, and snall
<br /> pay when due all claims for work done on or for services rendered or material fumished to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority over or equal io the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due and excepi as otherwise provided i.n this Deed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br /> dispute over the obl'igation to pay, so long as Lender°s inierest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fifteen (7 5) days after the lien arises or, if a lien is filed,
<br /> within fifteen (7 5) days after Trustor has notice of the filing, secure the d�ischarge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficient corporete surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a foredosure or sale under 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 Payment. Trustor shall upon demand fiurnish 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 assessments against the Prope.r[y.
<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 materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other fien could be asserted on a�ccount of tne work, services, or mare.rials. Trustor will upon request of Lender
<br /> furnish io Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
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