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201208126
<br /> DEED OF TRUST
<br /> Loan No: 872058755 (COntiflUed) Page 2
<br /> authorized user of the Property shall use, generate, manufacture, store,.treat, d�ispose 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 /> all applicable federel, state, and Iocal laws, regulations and ordinances, induding without Iimitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to rnake 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 io create any responsibility or liability on the part of Lender to Trustor or
<br /> to any oYner person. The�epresentations and warranties contained herein are based on TrustoPs 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 liable for cleanup or other cos�s under
<br /> any such laws; and (2) agrees to indemnify, defiend,and hold harmless Le.nder against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses wnicn Lender may directly or indirectly sustain or sufifer resulting from
<br /> a breach ofi this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal,release or threatened release occurring prio�to TrustoY's ownership ot interest in the Property, whether or
<br /> not the same was or should have been known to Trusto�. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defiend,shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be afifected by Lender's acquisition of any interest
<br /> in tne 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 o� any portion ofi tne Property. Without limiti.ng Yhe generaLity ofi the
<br /> foregoing, Trustor will not remove, or grant to any other party tne right to rernove, any timber, minerals (includi�ng
<br /> oil and gas), coal, clay, scoria,soi.l,gravel or rock products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall not demolish or remo�e any Improvements from.the Real Property without
<br /> Lender's prior written consent. As a conditlon to the removal of any Improvements, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Improvements with Improvem�ents 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 interests and to inspect tne Real Property for purposes ofi Trustor's
<br /> compliance witn tne terms and conditions of this Deed ofi 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 autti.orities 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 nas notified Lender in writing prior to doing so
<br /> and so long as, in Lender's sole opinion, Lender's interests irt the Property are not jeopardized. Lender may require
<br /> TrusYor to post adequate secu:rity or a su:rety bond, reasonabiy satisfactory to Lender,to protect Lender`s interest..
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor sfiall do all other
<br /> acts, in addition to those acts set forth above in this section, which firom the character 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, declare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfie:r, without Lender's prior written consent, of aIl or any part of the
<br /> Re.al Property,�or any interest in the Real Property. A "sale or transfer" means the conVeyance of Real Property or any
<br /> right, title or interesi in the Real Property; whether legal, benefi�cial or equitable; whether volunta.ry or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contrect, contract for deed, leasehold interest with a
<br /> term greater than thYee (3) years, lease-option contract, or by sale, assignment, or trans#er of any beneficial interest in
<br /> or Yo any land trust holding title to the Real Property, or by any other meYhod of conveyance ofi an interest in the Real
<br /> Property. H�owever, this option shall not be exercised by Lender if such e�.xercise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and fiens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor sh.all pay when d:ue (and in all events prior to delinquency) aIl taxes,special taxes, assessments,
<br /> charges (including water and sewer), fines and imposivons levied against or on account of the Property, and snall
<br /> pay when due alI claims for work done on or for services rendered or maYerial fumished to the Property. Trusto�r
<br /> shall maintain the Property free of all tiens having priority over or equal to the interest ofi Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due, except for the Existing lndebtedness referred to
<br /> below, and except as otherwise provided in this Deed of Trust�.
<br /> RighY to Contest. Trustor may withhold payment ofi any tax assessmert, or claim in connection wiYh a good faith
<br /> dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. Ifi a lien arises or
<br /> is filed as a result ofi nonpayment, Trustor shall within fifteen (15) days after the Iien arises or, if a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lender, deposit witn Lender cash or a sufficieni corporate surety bond or other security satisfiactory to Lender�in an
<br /> amount sufficient to discnarge the lien plus any costs and attorneys' fiees, or other charges tnat 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 before enforcement agatnst the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond fiurnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon�demand fumish to Lender satisfactory evidence of payment of the taxes
<br /> or assessinents and shall authorize the approptiate govemmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construction. T�ustor shall notify Lender at least fifteen ('I 5) days before any work is commenced, any
<br /> services are furnished, or any materials are suppiied to Yhe P�oper[y, if any rnechanic's fien, materialmen's lien, or
<br /> oiher lien could be asserted on account of the wotk, services, or materials. Trustor will upon request ofi Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will 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 maSntain policies o# fiire insurance with standard extended
<br /> coverage endorsements on a replacement basis fior the full insurable value covering all Improvements on tne Real
<br /> Property in an amount sufificient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> clause in favor ofi Lender,together with such oTher hazard and liability insurartce as Lender may reasonably require.
<br /> Policies shall be written in foPm, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Lend�er. Trustor, upon request of Lender, will deliver to Lender
<br /> from time to ti.me tile policies or certificates of insurance in form satisfactory to Lender, including stipulations that
<br /> covereges will not be cancelled or diminished without at least ten (70) days prior written notice to Lender. Each
<br /> insurance policy also shall include an endorsement providing that coverage in favor ofi Lender will not be impaired
<br /> in any way by any act, omission or default of Trustor or any other person. Should ihe Real Property be located in
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