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201208550
<br /> DEED OF TFiUST
<br /> Loan No: 10004098 (COntillued) Page 2
<br /> inspections and iests, 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 inspecYions or tests made by Lender shall be for Lender's
<br /> purposes only and shali not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br /> to any other person. The tepresentations and wa:rranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property fior Hazardous Substances. Trustor hereby ("I) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws and (2D- agrees to indemnify, defend, and hold harmiess Lender against any and all claims, losses,
<br /> liabil.ities, damages, penalties; and expenses which Lend2r may directly or indirectly s.ustain or sufifer resulting from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposai, release o�threatened release occurring prior to Trustor's ownership or interest in tfie Property, whether or
<br /> not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend, shall survive the payment of the Intlebtedness and the satisfaction
<br /> and reconveyance of ihe lien of this Deed of Trust and shail not be affected by Lender's acquisiYion 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 sufifer any
<br /> stripping of or waste on or to the Property or a�y portion of the Property. Without limiting the generality of the
<br /> foregoing, Trustor wili not remove, or grant to any oiher party the right to remove, any timber, mi��nerels (including
<br /> oil and gas), coal, cLay, scoria,soil, gra�el or rock products withoui Lender's prior written consent.
<br /> Removat of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lender`s prior written consent. As a condition to the removal ofi any Improveme�nts, Lender may require Trustor to
<br /> make arrangements satisfa�ctory to Lender to repiace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Right to EnYer. Lender and Lender's ageMs and representatives may enter upon the Real Property at all
<br /> reasonabie times to attend to Lender's inte�.rests and to inspect the Real Property for purposes of Trustor s
<br /> compliance with the terms and conditions of this Deed ofi Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptl�y comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental autnorities applicabie to the use or occupancy of the
<br /> Property. Trustor may coniest in good faiYh any such law, ord�inance, or regulation and withhold complian�ce during
<br /> any proceeding, including appropriate appeals, so long as Trustor has notified Lender in wriYing prior to do�ing 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 saYisfactory to Lender,to p�otect Lender's inYerest.
<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 acis set forth above in this section, which from�the character and use of ihe Property are
<br /> reasonably necessary to protect and preserve ihe Pro�perty.
<br /> DUE OB�9 SALE-CONSENT BY LENDER. Lend.er may, at Lender's option, dedare immediately due and payable ali sums
<br /> secured by this Deed�of Trust upon the sale or transfer, without Lender's prior written consent, of ali or any part of the
<br /> Real Property, or any interest 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, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br /> or to any land trust holding title to the Real Property, or by any other method of conveyance ofi an interest in the Rea!
<br /> Property_ However, this option shall not be exercised by Lender if sucn exercise is prohibited by federal Faw 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 of
<br /> Trust:
<br /> Payment. Trustor shall pay whe�.n due (and in all events prior to delinquency) aii taxes, special taxes., assessments,
<br /> charges (including water and sewer), fines and impositions levied against or on account of tlie Property, and sfiall
<br /> pay when due ali claims for work done on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of ali liens having priority over or equal to the interest of Lender under this Deed of
<br /> Trust, except fior the lien of taxes �nd assessmenYs 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 witn a good faitn
<br /> dispute over the o�:6ligation to pay, so long as Lender's interest in the Rroperty is not jeopardized. If a lien arises or
<br /> is fiiled as a result of nonpayment, Trustor snall witni.n fifteen (15) days after the lien arises or, if a tien is filed,
<br /> within fifieen (7 5) 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 satisfiactory to Lender in an
<br /> amount sufficient to discharge the lien pFus any costs and attorneys` fees, or other charges that couid accrue as a
<br /> resuft ofi a fioreclosure or sale under the lien. dn any contest, Trustor shall defend itself and Lender and shall satisfiy
<br /> a.ny adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond furnished in the contest proceeding�s.
<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 governmental�officiai to deliver to Lender at any time a written
<br /> statement ofi the taxes and assessments against the Property.
<br /> iVotice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br /> services are furnished, or any materials are supplied to the Property, if any mechanic's Jien, materialmen's lien, or
<br /> other Fien could be asserted on account ofi the work, services, or materials. Trustor wifl upon request of Lender
<br /> furnish to Lender advance assurances satistactory to Lender that Trustor can and wili pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE II�iSURANCE. The foflowing provisions reiating to insuring the Property are a part of this Deed of
<br /> Teust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a repiacement basis for zhe full insurabie value covering all Improvements on the Real
<br /> Property in an amount sufficien�t to avoid application oi any coinsurance ciause, and with a sta�ndard mortgagee
<br /> dause in favor of Lender,together witn sucn other nazard and liability insurance as Lender may reasonably requ�ire.
<br /> Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a �
<br /> comoany or companies reasonably acceptable to Lender. Trustor, upon request ofi Lender, wiil deliver to Lender
<br /> firom time to time the poli�cies or certlficates of insurance in form satisfactory to Lender, including stiputations that
<br /> coverages will not be cancelled or diminished without at least ten (1 O) days prior written notice to Lender. Each
<br /> insurance policy also shall indude an endorsement providing that coverage In favor of Lender will not be impaired
<br /> in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in
<br /> an are�a designated by the Director of the Federai Emergency ManagemeM Agency as a speciaf flood� hazard area,
<br /> Trustor agrees to obtain and maintain Federal Flood Insurance, if availabie, fior the full unpaid principal balance of
<br /> the ioan and any prior lie�ns on the property securing the ioan, up to the maximum policy limits set under the
<br /> �lational Flood insurance Program, or as otherwise required by Lender, and io maintain such insurance for the terrn
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