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201208578
<br /> DEE� oF TRvsT
<br /> Loan No: 872058819 (Coiltinued) 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 acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of ihe Property shall use, generate, manufiacture, store,treat, di5pose of or release any Hazardous
<br /> Substance on, under, about or from the Properiy; and (b) any such activity s�hall be conducted in compliance witn
<br /> alI applicable fietleral, state, and local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and iYs agents to enter upon the Property to make 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 LendePs
<br /> purposes only and shall not be construed to create any responsibility or liability on tne part of Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigaiing the Property fior Hazardous Substances. Trustor hereby (l) releases and waives any future claims
<br /> against Lender fo� indemnity or contribution in the event Trustor becomes liable for deanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender agains't any and ali daims, losses,
<br /> liabilities, damages, penalties, antl expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breacn of this section ofi the Deed of Trust or as a consequence of 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 known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shafl survive tne payment of the Indebtedness and the satisfaction
<br /> and reconveyance ofi the lien of this Deed of Trust and shall not be affected 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 rtuisance nor commit, permit, or su'f'fer any
<br /> stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of ihe
<br /> foregoing, Trustor will not remove, or grant to any othe� party the �ight to remove, any timber, minerals (including
<br /> oil and gas), coal, clay,sarria, soil,gravel or rock products without Lender's prior written consent.
<br /> Removal ofi Improvements. Trustor shall not demo[ish 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 /> make arrangements satisfactory 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 the Real Property at afl
<br /> reasonable times to attend to Lender's interests and to inspect the Real Property fior purposes ofi Trustor's
<br /> compliance with the terms and conditions of tn:is Deed of Trust. �
<br /> Compliance with Governmental Requirements_ Trustor shall promptly comply with aIl Iaws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmenrtal authorities appli:cable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law, ordin:ance,or regulation and withhold compliance during
<br /> any proceeding, induding appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br /> and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized: Le��nder may require
<br /> Trustor to post adequate security or a surety bond,reasonably satisfactory Yo Lender,to protect Lender's interest.
<br /> Duty to Proteci. Trusto� agrees neither to abandon or leave unattended the Property. Trustor shall do alI otner
<br /> acts, in addition to those acts set forth above in this section, whicn from the character and use of the Prope.rty 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 transfer, without Lender's prior written consent, of all or any part 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; whether legal, beneficial or equitablet wnether voluntary o�r involuntary;
<br /> whether 6y outright sale, d.eed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than ihree (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 metnod 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 federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS_ The following provisions relaYing to the taxes and liens on the Property are part 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 /> cha�ges (including water and sewer), fines and impositions levied against or on account of the Property, and shall
<br /> pay when due all claims for work done on o.r for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens having prioriYy over or equal to the i�nterest 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 with a good faith
<br /> dispute over the obligation to pay, so long as Lender's interest in tne Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpeyment, Trustor shall within fiifteen (75) days after tne Iien a:rises or, it a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or i# requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory Yo Lender in an .
<br /> amount sufificient to discharge the lien plus any costs and attorneys' fees, or otner charges that could accrue as a
<br /> result of a foreclosure ot sale under the lien. In any con'test,Trustor shall defend itself and Lender and�shall satisfy
<br /> any adverse judgment befiore enforcement against the Property. Trustor shall narne Lender as an addirional obligee
<br /> under any surety bond furnished in the contest proceedings�.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and sha❑ authorize the appropriate governmental ofificial to deliver to Lender at any time a w�itten
<br /> staternent o#the taxes a:nd assessments against the Property.
<br /> Notice of Construction. Trustor shall notify Le��nder at least fifteen ("15) days before any work is commenced, any
<br /> servi�ces are fiurnished, or any materials are s�upplied to the Property, if any mechanic's Iien, materialmen`s lien, or
<br /> other lien could be asserted on accouM of the work, services, or materials. Trustor will upon request of Lender
<br /> fumish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost ofi such
<br /> improvements.
<br /> PROPERTV DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed ofi
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fiire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the full insurable value c�vering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> clause in fiavor of Lender, together with such other hazard 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. Trustor, upon request of Lender, will deliver to Lender
<br /> from time to time the policies or certificates of insurance in form satisfactory to Lender, induding stipulations that
<br /> coverages will not be cancelled or diminished without at least ten ('1 O) days prior written notice to Lender. Each
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