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201208579
<br /> DEED OF TE3UST
<br /> Loan No: 872058807 (Continued? Page 2
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user ofi the Property shall use, generate, manufacture, store,treat, dispose of or release any Hazardous
<br /> Substance on, under, about or f�om the Property; and (b) any such activity shall be conducted in compliance with
<br /> all applicable fiederal, state, and local laws, regulations and ordinances, including withouY limitation all
<br /> Environmental Laws. Trustor authorizes Lendet and its agents to enter �pon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance ofi the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shalt be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the part ofi Lender to Trustor or
<br /> to any other person. The representiations and warranties contained herein are based on Trustor's due ditigence in
<br /> investigaiing the Property for Hazardous Substances. Trustor hereby (7) 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 (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain 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 /> disposal, release or tnreatened release occurring prior to Trustor's ownership or interest in the Propetty,wheiher or
<br /> not the same was or should have been know�n to Trustor. Tne provisions of this section of the Deed of Trust,
<br /> indudi�ng the obligation to indemniiy and defend, shall survive tne payment of the Indebtedness and the satisfiaction
<br /> and teconveyance of the lien of this Deed of Trust and snall not be affected by Lender's acquisition of any intetest
<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 suffer any
<br /> stripping of or waste on or to the Property or any portion of the Property. Without Iimiting the generality of the
<br /> foregoing,Trustor will not remove, or grant to any other party the rignt to remove, any timber, minera:ls (including
<br /> oil and gas), coal, clay,scoria,soil, gravel or rock products witF�out Lender`s prior written consent.
<br /> Removal of Improvements. Trustor shall not demolish or�emove 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 lmprovements 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 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 with all laws, ordinances, and
<br /> regulations, now or hereafter in effecY, of all governmental authorities applicable to the use or occupancy of the
<br /> Property_ Trustor may contest in good faith any such law, ordinance, or regulation and.withhold compliance during
<br /> any proceeding, including appropriate appeals, so Iong as Trustor has notified Lender in writing prior io doing 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 satisfactory to Lender,to protect Lender's interest.
<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 acts set forth above in this section, which from the character and use of the Proper[y are
<br /> reasonabiy necessary io protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender m�ay, at Lender's option, declare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sa:le or t�ansfer, 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 fegal, beneficial or equitable; whether voluntary or invoWntary;
<br /> whether by outright sale, deed, instalFment sale contract, lantl contract, contract for deed, leasehold interest with a
<br /> term greater than three (3) years, lease-option contract, or by sa�e, assignment, or tcansfer of any beneficial interest in
<br /> or to any Iand trust holding title to the Real Peoperty, or by any other meihod of conveyance of an interest in the Real
<br /> Property_ However, this option sF.all not be exercised by Lender if such exercise is prohibited by federal law or by
<br /> Nebraska faw_
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are pari of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due (and in all events prior to delinquency) alI taxes, special taxes., assessments,
<br /> charges (including water and sewer)., fines and impositions levied against or on account of the Property, and shall
<br /> pay when due all daims for work done on or for services rendered or material fumished to the Property. TrustoY
<br /> shall maintain the Property free of all Iiens 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, except for the �isting Indebtedness referred to
<br /> below, and except as otherwise provided in this Deed of Trust.
<br /> Rvght 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 the P�operty is not jeopard�ized. If a lien arises or
<br /> is filed as a resuit of nonpayment, Trustor shall within fiifteen ('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, deposii with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lencler in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a foreclosure or sale under the lien. In any cortest,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 a:ny 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 antl shall authorize the appropriate governmental ofiFicial to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construction_ Trustor shall notify Lender at least fifteen (75) days before any work is commenced, any
<br /> services are furnished, o�any materials are supplied to the Property, if any mechanic's lien, materiaFmen's lien, or
<br /> other lien could be asserted on account of the work, services, or materials_ Trustor will upon request of Lender
<br /> fumish Yo Lender advance assurances satisfactory to Le�der that Trusfor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE_ Tne following p�ovisions relaiing to insuring the Property are a part of tnis Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall. procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the full insurable value covering aII lmprovements on the Real
<br /> Property in a.n amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> clause in favor of Lender,together with such other hazard and liability insurence as tender may reasonably require.
<br /> Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lencier 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 satisfiactory to Lender, including stipulations that
<br /> coverages will not be cancelled or diminished without at least ten (70) days prior written notice to Lender_ Each
<br /> insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired
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