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201209204
<br /> DEED OF TRUST
<br /> Loan No: 81001354 (Continued) Page 2
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generation, manufacture, storage, treatment, disposal, reiease 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 oi any kind 6y any person relating to such matters; and (3D Except as previously
<br /> disciosed to and acknowledged by Lender in writing, (a) neither Trustor nor any ten�ant, 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 such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ord�inances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agenis to enter upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropri�ate 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 nbt be construed to create any res�ponsi�bility 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 for Hazardous Substances_ Trustor hereby ("I) releases and waives any future daims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold. harmless Lender against any and ail c9aims, losses,
<br /> Iiabilities, damages,penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting firom
<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 Progerty, whether or
<br /> not tne same was or should have been known ta Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to ind�emnify and defend, sha�ll survive the payment of the fndebtedri.ess and�the satisfactiort
<br /> antl reconveyance of the lien of this Deed of Trust and shall noY be affected 6y Lender's acquisition of any interest
<br /> in the Proper3y, wheiher by foreclosure or otherwise.
<br /> Nuisance. Waste_ Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any .
<br /> stripping ofi 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 timber, minerals (including
<br /> oil and gas), coal, day,scoria,soil, gravel or rock products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shail not demolish or remove any Irnprovements from the Rea! Property 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 io 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 Reai ProperLy aY all
<br /> reasonable times to attend to Lender's i�nterests and to inspect Yhe Reai Property for purposes of Trustor°s
<br /> compliance with the terms and conditions ofi this Deed of Trust.
<br /> Compliance with Governrnental 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, including without limitaiion, the America.ns With Disabilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
<br /> so long as Trustor has notified Lender in writing prior to doing so and so long as, i.n Lender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may requi.re Trusto� to post adequate security or a surety
<br /> � bond, reasonably satisfactory to Lender,to proYect Lender`s interest.
<br /> Duty to Protect. Trustor agrees neitner to abandon or ieave vnattended the Property. Trustor shall do all other
<br /> aats, in addition io those acts set forth. above in this section, which from ihe cfiaracter and use of the Property are
<br /> reasonabiy necessa�ry 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 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 conveyance of Real Property or any
<br /> right, title or interest in tne Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contracY for deed, leasehold interest with a
<br /> term greater than three (3) years, lease-option contract, or by sale, assignment� or transfer of any benefii.cial 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 Lender ifi such exercise is prohi�bited 6y 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 /> Trust:
<br /> Payment. Trustor shall pay when due (and in al! events prior to delinquencyD all taxes, speciai taxes, assessments,
<br /> charges (includi�ng water and sewer}, fines anci impositions levied against or on account of the Property, and shali
<br /> pay when due all claims for work done on or for services rendered or material furnis:hed to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority over or equal to the interest of Lender untler this Deed of
<br /> Trust, except for the lien ofi 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 conne:ction with a good faith
<br /> d�ispute over tne obligati�on 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, ifi a lien is filed,
<br /> within fifteen (15) days after Trustot has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lender, depasit wiih Lender casYi or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amounY sufficient to discharge the lien plus any costs and attorneys' fees, or other charges thaY could accrue as a
<br /> result of a foreciosu:re or sale under the lien. in any contest,Trustor shall defend itself and i..ender and shalt satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shaf7 name Lender as a� additional obligee
<br /> under any surety bond furnished in tne contest peoceedings.
<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 to deliver to Lender at any time a written
<br /> statement of the taxes and assess�ments against the Property.
<br /> Notice o€Construction_ Trustor shall notifiy Lender at least fifteen (95) 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 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 o# such
<br /> � improvements.
<br /> PROPERTY DAMAGE INSURANCE. The fiollowing provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenaevice ofr Insurance. Trustor sha.il procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsernents on a replacement basis fior the full insurable value covering alf Improvements on Yhe Fteal
<br /> Property in an amount sufficient to avoid appl[cation of any coinsurance clause, and with a standard mortgagee
<br /> cfause in favor ofi Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
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