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201208583
<br /> �EED OF TRusT
<br /> Loan No: '10004131 (ContitlU�d) Page 2
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generafion, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> tnreatened litigation or claims ofi any Icind 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 /> autnorized user of the Property shaii use, generate, manufiacture, store, treat, dispose ot or refease any Hazardous
<br /> Substance on, under, abouY or from the Property; and (b) any such activity shail be conducted in compiiance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, inciuding witfiout iimitation all
<br /> Environmenta! Laws. Trustor authorizes Lender and its agents tc enter upon tne Property to maice such
<br /> inspecTions and tests, at 5'rustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this section ofi the Deed ox Trust. Any inspections or tests made by Lender shali 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 representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution in tne event Trustor becomes liable for cieanup or aCher 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 suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generaYion, manufacture, storage,
<br /> disposal, re�iease or threatened release occurring prior to Trustor's ownership or interest in tne Prope�rty, whethe�or
<br /> not the same was or should have 6een Icnown to Trustor, The provisions of this sectior ot the Deed of Trust, -
<br /> induding the obligation to indemnify and defend, snall survive the payment ofi the Indebtedness and the satisfaction
<br /> an� reconveyance of the lien oP this Deed of Trust and shall n6t be affec2ed by Lender's acquisitioro of any interesi
<br /> in the Property, whetF�er by#oreciosure or otherwise.
<br /> Nuisance, Waste�_ Trustor shaff not cause, conducY or permit any nuisance nor commit, permlt, or suffer any
<br /> siripping of or waste on ot to the Property or any portion of the Property. Without limiting the generality of the
<br /> fioregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br /> oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br /> Removal of Improvemenis. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lender's prior written consent. As a condition to the removai 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 all
<br /> reasonable times to attend to Lender's interests and to inspect the Reai Property for purposes of Trustor's
<br /> compliancE with the terms and conditions of this Deed of i rust.
<br /> Compliance witFe Govemmental Requirements. Trustor shall promptiy comply with all laws, ordinances, and
<br /> regulations, now or hereaffer in effect, of all governme�tal authorities applicable to the use or occupancy of tne
<br /> ProPerty. Trustor may contest in good faith any such law, ordinance, or regulatio.n and withhold compliance during
<br /> any proceeding, including appropriate appeals, so long as Trustor nas notified Lender in writing prior to doing so
<br /> and so lonc� as, in Lender's sole opinion, LendeYs interests in tne Property are not jeopardized. Lender may require
<br /> Trustor Yo post adequate security or a surety bond, reasonably satisfiactory to Lender,to protect Lender's interest.
<br /> Du1y to Protect. Trustor agrees neither to abandon or leave unattended tne 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 Property are
<br /> reasonably necessary io protect and preserve the Property.
<br /> DUE OIV SALE-CONSENT BX LENDER_ Lender may, at Lender's option, deciare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfer, without Lender's prlor wtitten consent, of ali or any part of the
<br /> Real Property, or any interest in the Real Property. A "sale or transfer°' means rthe conveyance of Real Property or any
<br /> right, iitle or interest in the Reai 9'roperty; whether legat, benefiicial or equita6le; whether voluntary or i.nvoluntary;
<br /> whether by outrigh2 sale, c9eed, enstallment sale contract land contract, contract for deed, leaseinold interest with a
<br /> term greater than tnree (3y years, fease-option contract, or by saie, assignment, or#rans(er of any oeneficial interest in
<br /> or to any Yand irust holding titie to the Reai Prope�rty, or by anar other rri�ethod of conveyance of an interest in the Real
<br /> Property. However, this option shall not be exercised by Lender if such exercise is prohi6ited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS.. The following provisions relating to the t�xes and liens on the Property are part of this Deed ofi
<br /> Trust:
<br /> Paymenf. Trustor shall pay when due (and en all events prior to delinquency) all taxes, special Iaxes, assessments,
<br /> charges (including water and sewer), fines and impos�.itions ievied against or on account of the Pro�perty; and shall
<br /> pay when due all claims for work done on or for services rendered or maYeriaf furnished to tne Property. Trustor
<br /> shali maintain the Property free of all liens having priority over or equal to tihe interest of Lender under this Deed of
<br /> TrusY, except for the Tier� of taxes and assessments not due and except as otherwise provided in this Deed of
<br /> �rust.
<br /> i
<br /> iiigFtt Yo Contest. 'Trus�tor may withhold payment of any tax, assessmenY, or elaim in connection with a good faith
<br /> dispute over the ob.ligation to pay, so iong as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a iien is filed,
<br /> within fifiteen (15) days after Trustor has notice of the filing, secure ihe discnarge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to 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 /> result of a foreclosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shall s.atisfy
<br /> any adverse judgment bePore enforce:ment against the Property. Trustor shall name Lender as an additionai obligee
<br /> under any surety bond fumished in the contest proceed'ings_
<br /> Evidence of Payment_ Trustor shall upon demand �Purnisn to Lender satisfactory evidence of payment of the taxes
<br /> or assesscnents and sfiall authorize the appropriate governmenta! officlai to deliver to Lender at any time a written
<br /> statement of the taxes and assessments agalnst[he Property.
<br /> IVotice of Constructiorn. Trustor shall notify Le�der at ieast fifiteen 11 51 days before any work is commenced, any
<br /> services are YumishecY, or any materials are supplied 4o the Property, if any mechanic`s lien, materialmen's lien, or
<br /> other lien could be asserted on account of Yhe worl<, services, or materials. Trustor wilt upon request of Lender
<br /> furnish to Lender advance assurances satiSfactory to Lender that Trustor can and wi�ti pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> TrusY.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance witn standard extended
<br /> coverage endorsements on a repiacement basis for the full insurable value covering all Improvements on the Reai
<br /> Property in an amouni suf�ficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> clause in§avor of Lender, together with such other hazard .and liability insurance as Lender may reasonably require..
<br /> Policies shatl be written in fiorm, amounts, coverages and basis reasonably acceptable to Lender and issued by a
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