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201209012
<br /> DEED OF TRUST
<br /> Loan No: 81009486 (COntlnued) Page 2
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generation, manufacture, storage, treaYment, disposal, release or threatened release of any Haza�dous Substance
<br /> on, under, about or from the Property by any prior owners or o�ccupants of the Proper[y; or (c) any actual or
<br /> threatened litigation or claims 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) neithe�Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property shall use,.generate, manufacture, 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 limitation all
<br /> Environmental Laws. Trustor auYhorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and Yests, 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 responsibility or liability on the 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 fior Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity oi contribution in the event Trustor becomes liable for deanup or other costs under
<br /> any such laws; and (2) agrees to indemnifiy, defend, and hold harmless Lender against any and aII claims, losses,
<br /> Iiabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this section ofi the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release o�r threatened release occurring prior to Trustor's ownersnip 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, shall survive the payment of the Indebtedness and the satisfacYion
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<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 limiting the generality of the
<br /> foregoing, Trustor will not rernove, or grant Yo 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 Improvements. Trustor shall not demolish or remove any Improvements from the Real Properly 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 sucn Improvements with Improvements ofi ai least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at aIl
<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 co�nditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter fn effect, of all governmental authorities applicable to the use or occupancy of tne
<br /> Property, including without limitation, the Americans Witn Disabilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or regulation and withhold compliance during any proceeding, induding appropriate appeals,
<br /> so long as Trustor has notified Lender in writing prior to doing so and so long as, in Le�nder's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br /> 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 snall do all other
<br /> acts, in addition to those acts set forth above in this section, which firom Yhe character and use of the Properiy are
<br /> reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BV 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 conveyan�ce 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 interest with a
<br /> term greater thao three (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 method of conveyance of an interest in the Real
<br /> Property. However, this option shall not be exercised by Lende� if such exercise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AN:D LIENS. The fiollowing provisions relating 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 (including water and sewer), fi:nes and impositions tevied against or on account of the Property, and shall
<br /> pay when due all claims for work done on or fior services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority over or equal to Yhe interest of Lender under this Deed ofi
<br /> Trust, except for the lien of taxes and assessments not due a�nd 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 the Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shaFl within fifteen (15) days after the lien arises or, if a lien is filed,
<br /> within f[fteen (9 5) days after Trustor has notice of tihe 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 discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a foredosure or sale under the lien. In any contesY,Trustor shalt defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall name Lender as art 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 shall authorize the appropriate governmental official io 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 (15) days before any work is commenced, any
<br /> services are fumished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien could be asserted on account 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_ The following provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor snall procure and maintain policies ofi fi�ce insurance with standatd extended
<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 standard mortgagee
<br /> clause in favor ofi Lender. Trustor shall also procure and maintain comprehensive general IiabiliYy insurance in such
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