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201209196
<br /> DEED OF TRl1ST
<br /> Loan No: 10004258 (Continued) page 2
<br /> on, under, abaut or from the Property 6y any prior owners or occupants ofi the Property, or {c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and {3) F�ccept as previousty
<br /> disdosed to and acknowiedged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agert or othe�r
<br /> authorized user of ths Property shall use, generate, manufacture, store,treat, dispose of or release any Hazardous
<br /> Substance on,under, about or from the Property; and (b1 any such activity shaJl be conducted in compliance with
<br /> all a.pplicable federal, state, and local laws, regulations and ordinances, induding without 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 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 responsibiliiy or liability on the part of Lender to Trustor or
<br /> to any other person. The representations and warranties contained here�ia 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 the event Trustor beco:mes liable for cleanup or otner costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all cFaims, Iosses,
<br /> liabilities, damages, penalti.es, and expenses which Lender may directly ot indirectly 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 interest in the Property,whether or
<br /> not the same was or should have been known to Trustor. The provisinns of this section ofi tfie Deed of Trust,
<br /> including the obligation to indemnify and defend,shail survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall noti 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 o#the Property. Without limiting the generality of the
<br /> foregoing, Trustot wiii not remove, or grant to any other party the right to remove, any timber, minerals iiricluding �
<br /> oil and gas), coal, clay, scoria,soil,gravel or rock products without Lender's prior written consent.
<br /> Removat of Improvemen#s. Trustor shall not demolish or remove any Improvements from the Reai Property without
<br /> Lender's prior written consent. As a condition to the removal ofi any Improvements, Lende�may require Trustor to
<br /> make arrangements satisfiactory to Lender to replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Right Yo Enter. Lender and Lender's agents a�nd representatives may enter upon the Rea9 Property at all
<br /> �easonable times to attend to Lender's interests and to inspect ihe Real Property for purposes of Trustor's
<br /> complia��nce with tne terms and conditions of Yhis Deed of Trust.:
<br /> Compliance with Governmental Requirements. Trustor shall prom.ptly comply with all laws, ordinances, and
<br /> regulations, now or hereaftet in effect, of aA governmental authorities applicable to the use or occupancy ofi tfie
<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 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 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 a6andon or leave unattended the Property. Trustor shall do all other
<br /> acts, in addition to those acts set forth above in�this section, which firom the character and use of the Property are
<br /> reasonabiy necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable aIf sums
<br /> secured by this Deed of Trust upon tfie sale or transfer, without Lender's prior written consent, of aYl 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, installment sale contract, land contract, coMract for deed�, Ieasehol.d interest with a
<br /> term greater than 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 ot conveyance of an interest in the Reai
<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 the taxes and liens on the Property are part of this Deed of
<br /> Trustt
<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), fines and impositions levied against or on account of the Ptoperty, and shall
<br /> pay when due all claims for work done nn 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 the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessrnerrts not due and except as oth.envise provided in this Deed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold payment ofi any tax,assessment, or clairn in connection with a good faith
<br /> dispute over the obligation to pay, so long as Lender's intetest in the Property is not jeopardized. If a lien arises or
<br /> is fited as a result of nonpayment, Trustor shall within fiifteen (15) days after the lien arises or, ifi a lien is fiiled,
<br /> witfiin fifteen (15) days after Trustor 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 other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien pfus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result ofi a foreclosure or sale under the lien. In any contest,Trustor shall clefend itself and Lender and shall satisfy
<br /> any adverse judgment before enfiorcement 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 evide�ce of payment ofi the taxes
<br /> or assessments and shali authorize the appropriate governrnental official to deliver ta 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 fefteen t15) days before any work is commenced, any
<br /> services are furnished, or any materials are supPlied to the Property, if any mechanic's lien, materialmen's}ien, or
<br /> other lien could be asser[ed on account ofi the work, services, or materials. Trustor will upon request of Lender
<br /> furnish to Lender advance assurances satisfactory to Lentler that Trustor can and will pay the cost ofi 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 shall procure and maiMain policies ofi fire insurance with standard extended
<br /> coverage endorsements on e fair value basis for the full insurable value covering all Tmp�ovements on the Real
<br /> Pro�eRy in an amount sufficient to avoid appiicatoon of any coinsurance clause, and weth a standard mortgagee
<br /> clause in favor of Lender,togethe�with such other hazarci and liability insurance as Lender may reasonably requira
<br /> Policies shafl be written i� iorm, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies �easona6ly acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> firom time to time#he policies or certificates of insurance in form satisfaetory to Lender, including stipulations thai
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