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201208230
<br /> DEED OF TRl9ST
<br /> Loan No: 810225 (COntanued) Page 2
<br /> Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly
<br /> perform all their respective obtigations under the Note,this Deed of Trust, and ihe Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Barrower and Trustor agree that Borrower's and Trustor's
<br /> possession and use of the Property shall be governed by the fiollowing provisions:
<br /> Possession and Use. Until the occurrence of an Event of Defauit, Trustor may (1) remain in possession and
<br /> control of the Property; (2) use, operate or manage the Property; and (3) coilect the�Rents from the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br /> repiacements, and maintenance necessary to preServe its value�..
<br /> Cornpliance With Environmental Laws. Trustor represenis and warrants Yo Lender that: ("1) 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 from the Property;
<br /> (2) Trustor has no knowiedge of, or reason to believe that there has been, except as previously disdosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environ�mental 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 Lende�in writing,. (a) neither Trustor nor any tenant, contractor, ageni or other
<br /> autnorized user of the Property snall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br /> Substance on, under, about or firom tne Property; and (b) any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws., regulations and ord�inances, induding without limitation a❑
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enrer upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine�compiiance o�F 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 shaFl 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 comained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardo.us Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable fior cleanup or other costs unde�r
<br /> any such laws; and (2) agrees ta indemnify, defend, and hold harmless Lender against any and aii claims, losses,
<br /> liabi.lities, damages, pena�lties, and expenses whi.ch 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, manufac'ture, storage;
<br /> disposal, release ot fhreatened release occurring prior to Trustor's ownership or interest in Yhe Property, whether or
<br /> not the same was or should have been known to Trustor. The provisions ofi this section of the Deed of Trust,
<br /> including the obligation to indemnify and defe�nd,shail survive the payment of the Indebtedness and the sati�sfaction
<br /> and reconveyance of the lien of this Deed ofi Trust and shall not be affected by Lender's acquisition of any interest
<br /> i.n the Property, wnether 6y foreclosure or otherwise.
<br /> Nuisance, Waste_ Trustor shall not cause, conduct or permit a.ny nuisance nor comm:it, permit, or suffer any
<br /> strippin�g of or waste on or to the Property or any portion of the Property. Without limiting the general.ity ofi the
<br /> foregoing, Trustor will not remove, ot grant to any other party the right to remove, any timber, minerals (induding
<br /> �oil and gas), coal, clay,scoria,soil, gravel or rock products witnout Lender's prior written consent.
<br /> Removal of Improvements. TrusYor shall noY 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 Trustor to
<br /> m�al<e arrangements satisfactory to Lender to replace such Improvements witn Improvements of at least equal
<br /> value.
<br /> Lender's Rigt�t to Enter_ Lender and Lender's agents and representatives may enter upon the Real Property at all
<br /> reasonable times to attand to Lender's iMerests and to inspect the Real Property for purposes of Trustor's
<br /> compliance with tne terms and co�nditions ofi this Deed of Trust..
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with atl laws, ordinances, and
<br /> regulations, now or hereafter in efifect, of all governmental auihorities applicable to the use or occupancy ofi the
<br /> Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or regulation and witnhold compliance during any proceeding, induding appropriaYe appeals,
<br /> so long as Trustor nas notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<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 interesi.
<br /> Duty to Protect. Trustor agrees neither to a��bandon 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 ofi the Property are
<br /> reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may, at Lender's opYion, declare immetliately 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 inrterest in the Real Property. A "sale or transfer" means the conveyance ofi Real Property or any
<br /> right, title or interest in the Real Property; whether legal, benefiicial or equitable; w�hether voluntary or involuntary;
<br /> whether by outright sale, deed, instailment sale contract> land contract, contract for deed, leasehold interest with a
<br /> term greater than three (3) years, iease-option coMract, or by sale, assignmenY, or transfer of any benefici�al interest in
<br /> or to any land trust hoFding 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 fiederai law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to tf�e taxes and liens on the P�operty are pari 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), fin�es 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 furnished 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 of
<br /> Trust, except for the lien of taxes and assessments not due and except as otherwise provided in tnis Deed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessment, or daim in connection witfi a good faith
<br /> dispute over the obligation 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 ofi nonpaymenY, Trustor shali within fifteen (15) days after the lian ari�ses or, if a lien is fi:led,
<br /> within fifteen (15) days after Trustor has. notiee 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 lie:n plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> resuk ofi a foreclosure or sale under the lien. In any contest, Trustor shall defend itsslf and Lender and shall satisfy
<br /> any adverse judgment befiore enforcement against Yhe Property. Trustor shall name Lender as an additional obli�gee
<br /> under any surety bond furnished in the contsst proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate govemmental official to deliver to Lender at any time a written
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