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�0120924�
<br />DEED OF TRUST
<br />Loan No: 138639 (Continued)
<br />Page 2
<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) neither Trustor nor any tenent, 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 ectivity shell be conducted in complience with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without timitetion ell
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to meke such
<br />inspections and tests, et Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property witfi 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 end warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (7? releases and waives any future claims
<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 all claima, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as e 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 provisions of this section of the Deed of Trust,
<br />including the obligation to indemnify and defend, shell survive tha payment of the Indebtedness and the satisfaction
<br />and reconveyence of the lien of this Deed of Trust and sha(I 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 eny nuisance nor commit, permit, or suffar any
<br />stripping of or waste on or to the Property or any portion of the Property. �thout 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, 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 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 to replace such Improvements with Improvements ot at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon tha Real Property at all
<br />reasonable times to attend to Landar's interests and to inspect the Real Property for purposes of Trustor's
<br />compliance with the terms and conditions of this Deed ot Trust.
<br />CompBance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all governmental authorities applicabie to the use or occupancy of the
<br />Property, including without limitetion, the Americans Wifh 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, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or e surety
<br />bond, reasonebly satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unettended the Property. Trustor shall do all other
<br />ects, in addition to those acts set forth above in this section, which from the charecter end use of the Property ere
<br />reasonably necessary to protect and preserve the Property.
<br />DUE ON SQLE - COIdSENT BY LENDER. Lender may, at Lender's option, declare immediately due and peyable 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 Proparty, or any interest in the Real Property. A"sale or transfer" means the conveyance of Rea( Property or any
<br />right, title or interest in the Real Property; whether legal, beneficia! or equiteble; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasahold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficiel interest in
<br />or to any land trust holding title to the Real Property, or by any other method of conveyance of en interest in the Real
<br />Property. However, this option shell not be exercised by Lender if such exercise is prohibited by federal law or by
<br />Neb�aska 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 shel! pay when due (end in all events prior to delinquency) all taxes, special taxes, assessments,
<br />charges (including water and sewerl, fines and impositions levied against or on account of the Property, and shall
<br />pay when due all 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 texes end assessments not due and except es ofiherwise provided in this Deed of
<br />Trust.
<br />Hight 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 lian arises or
<br />is filed as a result of nonpayment, 7rustor shall within fifteen (15) days after the lien erises or, if a lien is fi(ed,
<br />within fifteen (151 days efter Trustor has notice of the tiling, 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 permissibfe fees, or other charges thai could accrue as a
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shail defend itself end Lender end shall satisfy
<br />any adverse judgment before enforcement against the Property. Trustor shell 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 shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br />statement of the taxes and assessments egeinst the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services ere 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 eccount of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender advance assurences satisfactory to Lendar thet Trustor can and will pey the co$t 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 Insurence. Trustor shall procure and maintain policies of fire insurance with standard extended
<br />coverage endorsements on a fair value basis for the ful( insurable value covering all improvements on the Real
<br />Property in en amount sufficient to avoid application of any coinsurence clause, and with a standard mortgagee
<br />clause in favor of Lender. Trustor shall also procure and maintain comprehensiva general liability insurance in such
<br />covarage amounts as Lender mey request with Trustee and Lender being named as eddi#ional insureds in such
<br />liability insurance policies. Additionally, Trustor shall meintain such other insurence, including but not limited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in
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