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201208343
<br /> DEED OF TRUST
<br /> Loan IVo= 8900'1387 (Colltinued) q Page 2
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: ("I) 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 I<nowledge ofi, or reason to believe that there has 6een, except as previously disdosed to and
<br /> acknowledc�ed by Lender in writing, (a) any breach or violation of any Environrviental Laws, (b) any use,
<br /> generation: manufacture, storage, treatmen[, disposal, release or Yhreaiened release of any Hazartlous Substance
<br /> on, under, about or from the Property by any prior owners or occupan[s of the Property, or (c) any actual or
<br /> threatened litigation or claims of any I<ind by any person relating to such matters; and (3) Excepi as previously
<br /> disclosed to and acknowiedged by Lender in writing, (a) neither Trustor nor any tenant, contractor, a�gent or other
<br /> authorized us.er of the Property shall use, generate, manufacture, store, treat, dispose of or release ariy Hazardous
<br /> Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br /> all applica6le federal, state, and local laws, regulations and o�rdinances, including without limitation all
<br /> Enviro�nmental Laws. Trustor authorizes Lender and its age:nts to enter upon ihe Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriaie to determine compliance of the
<br /> Property with this section o'F the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and sha.l��l not be construed to create any responsibility or liabitity on the part of Lender to Trustor or
<br /> to any other person. The representations and warrenties contained herein are based on Trustor's due diligence in
<br /> investigating tne Property for Hazardous Substances. Trustor hereby (1) refeases anci waives any future claims
<br /> against Lender for 4ndemnity or contribution in the event Trustor becomes liable for cB.eanup or other cests under
<br /> any such laws�and (2) agrees to indemnify, defend, and hold harmless Lender against any and aII claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or inciirectly sustain or su#fer resulting firom
<br /> a breach of this section of the Deed of Trust o�r as a consequence of any use, generatitrn, manufac�C.ure, storage,
<br /> disposal, release or threatened release occurring prior to Trustor's ownershi�p or i:nterest 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 obligation to indemnity and defend, 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 affected by Lender's acquisiiion of any interest
<br /> in the Property, whether by foreclosure or otnerwise.
<br /> Nuisance, Waste_ Trustor snall not cause, conduct or permit any nu�isance 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 /> foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br /> oif and gas), coal, cl:ay, scoria, soil, gravel or rock products without Lender's prior written consent. .
<br /> Removal of Improvements. Trustor shall not demolish cr remove any}mprovements from the Real Property without
<br /> Lende�r's prior wrir[en consent. As a condition to the removal of any Improvements, Lender may reyuire.Trustor to
<br /> maKe arrangements satisfaciory 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 ihe Real Property at all
<br /> reasonabie times to attend to Lender's interests and to inspect the Real Property for purposes ofi Trustor's
<br /> compliance with the terms and conditions of this Deed of Trust.
<br /> Compiiance with Governmenial Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all govemmental authorities applicable to the use or occupancy of the
<br /> Property, including without limitation, the Americans With Disabi.lities Act Trustor may contest in good faith any
<br /> such law, o�rdinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
<br /> so long as Trustor has notified Lender ir�writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeo�pardized.. Lender may reyuire Trustor to post adequate security or a surety
<br /> bond, reasonably satisfactory to Lender,to protect Lander's interest.
<br /> Duty to �rotect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do alf other
<br /> acts, in addition to those acts set forth above in this section, which from the character and use of the i'roperty are
<br /> reasona6ly necessary to protect and preserve the Property.
<br /> DUE OIV SALE-COIVSENT BY LENDER. Lender may, at Lender's option, declare immediately due 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 parC of the
<br /> Real Property, or any interest in the Real Property: A "sale or transfer" means the conveyance of Real Property or any
<br /> right, title or interest in the Real Property; wnether legal, benefiicial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, cont�act for deed, leasehold interest witn a
<br /> term greater than three {3) years, lease-option contract, or by sale., assignment, or transfer ot any beneficial interest in
<br /> or to any land trust hoiding titie to tne Real Property, or by any other meYhod of co�nveyance ofi an interest i:n tne Real
<br /> Pe:operty. If any Trustor is a corporation, partnership or limited liability company, transfer aiso inciudes any change on
<br /> ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liabitity company
<br /> interests, as the case may be, o`such Trusior. However, this option shall not be exercised by Lender.if sucn exercise
<br /> is.proni.bited by federal law or by Nebrasi<a law.
<br /> TAXES AND LIENS_ The 'foliowing provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> PaymenY. Trustor shall pay when due (and in all events prior io delinquency) all taxes, special taxes, assessments,
<br /> charges (induding water and sewer), fines and imposiYions levied against or on account of the Property, and shall
<br /> pay when due all claims for wori< 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 to the interest of Lender under this Deed ofi
<br /> Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection wi�th 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 resuit 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 the discharge of the lien, or if requested by
<br /> Lender, deposit witli Lertder cash or a suffici�ent corporate surety bond or othe�security satisfactory to Lender in ars
<br /> amou�nt sufficient to discharge the lien plus any costs and attorneys' fees, or otner charges that could accrue as a
<br /> result of a foreciosure or sale under the lien. In any contest, Trustor shall defend�tself 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 fu�nished in the contest proceedings.
<br /> Evidence of Payment_ Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize tne appropriate governmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Const�uction. Trustor snall notify Lender at least fifteen (15) days before any worl< is commenced, any
<br /> services are furnished, or any mate�ials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien could be asserted on account of Yhe worlc, services, or materials. Trustor will upon request of Lender
<br /> turnish to Lender advance assurances satisfactory to Lender that Trustor can and wiii pay the cost ofi such
<br /> improvemen�[s.
<br /> PROPERTY DAMAGE INSURAlVCE. The foliowing provisions relating to insuring the Property are a part of thi�s Deed oP
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