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201208459
<br /> DEED OF TRUST
<br /> Loan No: 872058721 (Coiltlnued) Page 2
<br /> threatened litigation or daims of any kind by any person relating to such matters; and (3) Except as previously
<br /> disclosed to and acicnowledgec3 by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or reiease 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 federai, state, and local laws, regulations and ordinances, induding without limitation all
<br /> Environmental Laws: Trustor authorizes Lender and its agents to enter upon tne Property to make such
<br /> inspections and tesis, 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 snall be for Lender's.
<br /> purposes only a.nd shall not be construed to create any responsibility or Iiability on tne part ofi Lender to Trustor or
<br /> to any other person�. The representations and warranrties conta�ined herei.n are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and wa�ves any future claims
<br /> against Lender fior indemnity or contri6ution in the event Trustor becomes liab�le for cieanup or other costs under
<br /> any sucF� laws; and {2) agrees to indemnify, defend, and nold harmless Lender against any and all claims, losses,
<br /> liabi.lities, damages, penalties, and expenses which Lender may directly or indirectiy sustain or suffer resuiting firom
<br /> a breach of this section ofi the Deed of Trust or as a consequence ofi any use, generation, manufacture, storage,
<br /> disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property,whether or
<br /> not the same was or should have been Icnown to TrusYor. The provisions ofi this section o�f the Deed of Trust,
<br /> including the obligation to indemnify 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 acquisition ofi any i.nteresY
<br /> in tne Property, whetner by foreciosure or otherwise.
<br /> 11luisance, Waste_ Trustor snall not cause, conduct or permit any nuisance nor commit, permit, or sufifer any
<br /> stripping of or waste on or to the Property or any portion ofi 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 /> oil and gas), coal, day,scoria, soil, gravel or rock products without Lender's prior written consent:
<br /> Removal of Improvements. Trustor shall not demolish or re:move any Improvements from the Real P�operty without
<br /> Lender's prior written consent. As a condition to the removal of any Improvements, Le�der 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 Righti 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 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 witn ali laws, ordinances, and
<br /> regulations, now or hereafter in e�ffect, of all governmenfal authorities applicable to tne use or occupancy of the
<br /> Property. Trustor may contest in good faith a:ny such law, ordinance, or regulation and withhold com.p�liance during
<br /> any proceeding, including approp�riate appeals; so long as Trustor has notified Lender in writing prior to doing so
<br /> and so long as,in Lender's sofe opinion, Lender's i.nrterests in tne Property are not jeopardized. Lender may requ�ire
<br /> Trustor to post adequate security or a surety bond, reasonabiy satisfactory to Lender,to proiect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the P�operty. Ttustor shall do alI other
<br /> acts, in addition.to those acts set forth above in this section, which from the character and use of tne Property are
<br /> reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may, at Lender's option, decla.re immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfer, witho�ut Lender's prior written consent, of all or any part of tfie
<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; whether legai, beneficial or equitable; whether voluntary or invol.untary;
<br /> whether by outright sale, deed; installme�nt sale contract, land contract, contract for deed, leasehold interest with a
<br /> ierm greater than three (3) years. lease-option contract, or 6y sale, assignment, or transfer of any beneficial interest in
<br /> or to any land.trust noldi�.ng 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 federai law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part ofi this Deed ofi
<br /> Trust:
<br /> Payment. Trustor shall pay wlhen due tand in all events prior to delinquency) all taxes, special taxes, assessments,
<br /> charges (including water and sewer), fi�nes and impositions levied against or on account of the Property, and shail
<br /> pay when clue all claims fior work done on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the P�operty firee of alf liens having priority over or equai to the interest of Lender under this Deed of
<br /> Trust, except for tne lien of taxes and assessments not due, except for the Existing Indebtedness referred �to
<br /> below, and except as otnerwise provided in tnis Deed of Trust.
<br /> Right to Contest. Trustor may witnnold payment of any tax, assessment, or claim in connection witn 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 of nonpayment, Trustor snall within fifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifiteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a suffici.ent corporate surety bond or other security satisfactory Yo 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 /> resuk of a fioreclosure 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 Paymerat_ Trustor sha❑ upon demand furn:ish to Lender satisfactory evidence of payment of the taxes
<br /> or asse�ssments and shall authorize the appropriate governmental official to deliver to Lender az any time a written
<br /> statement of the taxes and assessments against ihe Property.
<br /> Notice of Construction. Trustor shall notify Lender at least fiifteen (15) days before any work is commenced, any
<br /> services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien could be asserted on account of the work, servi�ces, or materials. Trustor will upon request of Lender
<br /> furnish to Lender advance assurances s9tisfactory to Lender that Trustor can and will pay the cost of such
<br /> im�provements.
<br /> PROPERTV DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of lnsuranca. Trustor shall procure and mai�tain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the full insurable value covering alf Improvements on Zhe Real
<br /> Ptoperty in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> dause in favor of Lender, together witn such oth�er nazard and liability insurance as Lender may reasonably require.
<br /> Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Ttustor, upon request of Lender, will deliver to Lender
<br /> from time to time the policies or certificates of insurance in form satisfactory to Lender, including sti�pulations tF�at
<br /> coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
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