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201208585
<br /> DEED OF TRUST
<br /> Loan No: 872058797 (Co�l$1llued) Page 2
<br /> authorized user of the Property shali use,generate, manufiacture, store, treat, dispose of or release any Hazardous
<br /> � Substance on, under, about or from the Property; and (b) any sucn activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, including without Iimitation alI
<br /> Environmental Laws. Trustor authorizes Lender and its 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 Lender's
<br /> purposes only and shall not be construed to create any res.ponsibility or liability on the part of Lender to Trustor or
<br /> to any other person. The representaiions and warraniies 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 daims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other cosYs under
<br /> any such laws; and (2) agrees to indemnify, defiend, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, pena�ties, and expenses which Lender may directly or indirectly sustain or suffer resulting fram
<br /> a breach of this section ofthe Deed of Trusi or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release or th�reatened release occurring prior to Trustor`s ownership or in*erest in the Pro:perty, 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 Indebtedness and the satisfaction
<br /> and reconveyance of the lien ofi this Deed of Trust and shall not be affected by Lender's acquisition of any i.nterest
<br /> in the Property, whether by foredosure or otherwise. �
<br /> Nuisance, Waste_ Trustor shall not cause, conduct or permit any nuisance nor commit, permit, o� suffer any
<br /> stripping of or waste on or to tne 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 right to remove, any timber, minerals (including
<br /> oil and gas), coal, clay,scori�a, soil,gravel or rock products withoui Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall not demotish or remove any Improvements from the Real Property without
<br /> Lender's prior written consent. As a condition to the removal of any Improve�ments, Lender may requi�re Trustor to
<br /> make arrangements satisfacfiory to Lender to replace such ImprovemenYs with Improvemen'ts 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 alt
<br /> reasonable times io aitend 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 wfth all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may coniest in good fiaith any such law, ord.inance, or regulation and withhold co�mpliance during
<br /> any proceeding, including appropriate appeals, so long as T�usto�haS notified Lender in writing p�ior to doing so
<br /> and so long as, in Lender's sole opinion, Lender's interests i:n 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 Ieave unat[ended tne Property. Trustor shall do all other
<br /> acts, in addition to those acts set forth a:bove in this section,.which firom the cFaaracter and use of tfie Property are
<br /> reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER_ Lender may, at Lender's option, declare immediateiy due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfier, 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 equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, instaliment sale contract, land contract, co�ntract fior deed, Ieasehold interest with a
<br /> ierm greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br /> or to any land lrust holding 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 fedetal Iaw or by
<br /> Nebraska law�.
<br /> "7'AXES AND LIENS. Tne following provisions relaiing 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 /> charges (induding water and sewer), fines and impositions Ievied 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 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 for ihe lien of taxes antl assessments not due, except for the Existing Indebtedness refierred Yo
<br /> below, and except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhoid payment of any tax, assessment, or claim in connection with a good faith
<br /> d�ispute 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 shall within fifteen (15) days after the lien arises or, if a [ien is filed,
<br /> within fifteen (75) days after Trustor has notice of tfie filing, secure the discharge 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 discnarge tne lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a foreclosure or sale under tne lien. In any contest,Trustor s�hall defend itself and Lender and shall satisfy
<br /> any adverse judgment befiore 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 Payment_ Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shalf autho�rize tihe appropriate governmental official to deliver to Lender at any iime a written
<br /> statement of tne taxes and assessments against the Property.
<br /> Notece of Construction. Trustor shafl notify Lender at least fifteen (7 5) days before any work is commenced, any
<br /> services are fumished., or any materials are supplied to Yhe Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien could 6e asserted on accovnt of the work, services, or materials. Trustor will upon request of Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. Tne fol�owing provisions relating to insuring the Property are a part of this Deed of
<br /> Trust_
<br /> Maintenance of Insurance. Trustor shall procure and maintain poticies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the full insurable value covering aIl Improvements on the Real
<br /> Property in an amouM sufficient to avoid application of any coinsurance clause, and with a s[andard mortgagee
<br /> clause in favor of Lender,together with such other hazard and liabiliiy insurance as Lender may�easonably 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 fiorm satisfacto�ry to Lender, including stipulations�that
<br /> coverages wiil not be cancelled or diminished without at Ieast ten ('10) days prior written noti�ce to Lender. Each
<br /> insurance policy alsa shall include an endorsement providing that coverage in fiavor 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
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