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201208639
<br /> DEED OF TRUST
<br /> Loan No= 872058827 (COIlt111Ued) Page 2
<br /> disdosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property shall use, generate, manufacture, store, treaY, dispose of or release any Hazardous
<br /> Substance on, under, about or from 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 witnout limitation all
<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 comptiance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender s.hal:l be for Lender's
<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 /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemniYy or contribution in the event Trustor becomes Iiable for Geanup or other costs under
<br /> any such laws; and (21 agrees to indemnify, defend,and hold harmless Lender against any and aIl claims, losses,
<br /> liabilities, damages, penalties,and expe�nses which Lender may directly or�indirectiy sustain or suffer 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 threatened release occurring prior to Trustor's ownership or i.nterest in the Property, whether or
<br /> not the same was or snould have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> i�ncluding the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the Iien of this Deed of TrusY and shall not be affected by L.ender's acquisition of any interest
<br /> in the Property, wnetner by foreclosure or otherwise.
<br /> Nuisance. Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or s:ufiFer any
<br /> siripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br /> foregoing, Trustor will not remove, or grant to any other party the right to remove, any iimber, minerals (induding
<br /> oil and gas),coal, clay,scoria,soil, gravel or rock products without Lender's prio�written consen't.
<br /> Removal ofi Improvements. Trustor shall not demolish or remove any Improvemenis from the Real Property without
<br /> Lender's prior written consent. As a condition to the removal of any Improvements, Lender may�equire Trustor to
<br /> make arrangements satisfactory to Lender to replace such lmprovem�ents with Improvements of at least equal
<br /> value.
<br /> Lender's Reght to Enter. Lender and Lender's agents and representatives may enter upon the Real Properiy at all
<br /> reasonable times to attend to Lender's interests and to inspect the Real Property for pu�poses of TrusYor's
<br /> compliance with the terms and conditions of this Deed ofi Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities appli.cable to the use or occupancy of the
<br /> Property. Trustor may coMest in good faith any such law, ordina:nce, or regulation and withhold compliance d.uring
<br /> any proceeding, including 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 noY jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond, reasonably satisfiactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave un.attended 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 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 immediately due and paya6le 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 transfier" 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, contract for deed, leasehold interesi with a
<br /> terrn greater�han three (3) years, lease-option coniract, or by sale, assign�ment., or transfer of any beneficial iMerest in
<br /> or to any land trust hofding 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 relating to tne taxes and liens on the ProperCy are part of this Deed of
<br /> Trust:
<br /> Payment.. Trustor shali pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br /> charges (includ.ing.water and sewer), fines and impositions levied against or on account of the Property, and shall
<br /> pay when due aII claims for work done on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens 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 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 faiih
<br /> dispute 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 Iien is filed,
<br /> within fifteen (15) days after Trusior has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety bond or otner security sa2isfactory to Lender i�n an
<br /> amount sufiFicient to discharge the lien plus any costs a�nd attorneys' fees, or other charges that could accrue as a
<br /> result of a foreclosure ot sale under the lien. In any contest,Trustor shall defiend itself and Lender and shall satisfy
<br /> any adverse judgment befiore enforce�ment against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond furnished in the contest p�oceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxPs
<br /> or assessments and shall authorize the appropriate governmental official 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 aY least fifteen (15) days before any work is commenced, any
<br /> servi�ces are furnished, or any materials are supplied to the Prope�ty, if any mechanic's Iien, material.men's lien, or
<br /> other Iien could be asserted on account of the work, services, or materials. Trustor will upon request ofi Lender
<br /> fumish to Lende� advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The fiollowing provisions relating to insuring the Property are a part of this Deed ofi
<br /> Trust.
<br /> Maintenance of Bnsurance. Trustor shall procure and maintain policies of fire insu�ance with sYantlard eMentled
<br /> coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a siandard mortgagee
<br /> clause in favor 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, wi�ll de:liver to Lender
<br /> firom time to time the policies or certificates of insurance irt fiorm satisfactory to Lender, including sti.pulatio�ns 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 include an endorsement providing thai coverage in favor of Lender will not be impaired
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