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201209308 <br /> DEED OF TRUST <br /> Loan No: 572058851 (Contirtued) Page 2 <br /> disclosed 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, treat, dispose ofi or release any Hazardous <br /> Substance on, under, about or from the Property; anel (b) any s.ucn activity snall be conducted in compliance with <br /> all applicable fiederal, state> and local laws, regulations and ordinances, including without limitation all <br /> Environrnental Laws. Trustor authorizes Lender and its ageMs.to enter upon the Property to make such <br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determi�ne compliance of the <br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be fior 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#or Hazardous Substances. Trustor hereby (7) releases and waives any fiuture daims <br /> against Lender fior 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 claims, losses, <br /> liabilities, damages> penahies, and expenses wkich Lender may directly or indirectly sustain or suffer resuliing firom <br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, <br /> disposal, re:lease 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 defiend,shall survive Yhe paymeni of the IndebtednesS and the satisfiaction <br /> and reconveyance ofi the lien of this Deed of Trust and shall not be affected by Lender's acquisition ofi 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 ofi the Property. Without limiting the generality of the <br /> foregoing, Trustor wili not remove, or grant to any other party the right to remove, any timber, minerals (induding <br /> oil and gas), coal, day,scoria, soil,gravel or rock products without Lender's prior writien consent. <br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Properiy 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 Le�nder to replace such Improvements with Improve�ments of at least equal <br /> value. <br /> Lender's Right to Enter_ Lender and Lender's agents and representatives may enter upon tne Real Property ai all <br /> reasonable times to aYtend to Lender s inTerests and to inspect the Real Property for purposes of Trustor's <br /> compliance with the terms and conditions of this Deed of Trust. � <br /> Compliance with Governmental Requirements_ Trustor shall promptly comply with all laws, ordinances, and <br /> regulations, now or hereafter in e#ect, of all governmental authorities applicable to the use or occupancy oF the <br /> Property. Trustor may contest in good faith any such law, ordinance,or regulation and withhold compliance during <br /> any proceeding, including appropri�ate 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 tne Property are not jeopardized. Lender may require <br /> Trustor to pdst adequate security or a surety bond,reasonably satisfiactory to Lender,to protect Lender's interest. <br /> Duty to Protect. Trusto� agrees neither to abandon or leave unattended 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 Proper[y. <br /> DUE ON SALE-CONSENT BY 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, withouY Lender's prior written consent, of all or any part of the <br /> Real Property, or any inte�est in the Real Property. A "sale or transfer" means the conveyance ofi Real Property or any <br /> right, title or interest in the Real Property; whether Iegal, beneficial or equitable; whether voluntary or involuntary; <br /> whether by outright Sale, deed, installment sale contract, land contract, co�trect for deed, leasehold interest with a <br /> ierm greater than three (3) years, lease-o�ption contract, or by sale, assignment, or transfer ofi any beneficial interest in <br /> or to any land trust nolding title to the Real Property, or by any other method of conveyance of an inierest in the Real <br /> Property. However, tnis option shall not be exercised by Lentler if such exercise is prohibited by federal law o�r by <br /> Nebraska Iaw. <br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part ofi 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), fines and impositions levied against or on account of the Property, and shall <br /> pay when due alI claims for work done on or for services rendered or material furnished 'to the Property. Trustor <br /> shall maiMain 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 ofi taxes and assessments not due, except for the Existing Indebtedness referred to <br /> below, and except as otherwise provided in this Deed of 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 Iien 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 fii.led, <br /> within fifteen (15) days after Trustor has noiice 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 plus any eosis and attorneys' fees, or other charges that could accrue as a <br /> result of a foreclosure or sale untler the lien. In any contest,Trustor shall defie�nd itselfi and Lender and shall satisfy <br /> any adverse judgment before enforcemenY against the Property. Trustor shall name Lender as an additional obligee <br /> under any surety bond furnished in Yhe contest proceedings.. <br /> Evidence of Payment. Trustor shall upon demand furnis.h to Lender satisfactory evidence of payment of the taxes <br /> or assessments and shall authorize ihe appropriate govemmental 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 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 tien, or <br /> other lien could be asserted on account ofi the work, services, or materials. Trustor will upon request ofi Lender <br /> fumish to Lender advance assurances satisfactory to Lender 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 maintain policies of fiire insurence with standard extended <br /> coverage endorsements on a replacement basis fo�the fiull insurable value covering all Improvements on tne Real <br /> Property in an amount sufficient Yo avoid application of any coinsurance clause, and with a standard 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 reasonabiy acceptable to Lender and issued by a <br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will de.liver to Lender <br /> from time to time the policies or certificates of insurance in form satisfactory Yo Lender, includ�ing siipulations 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 alse shall�include an endorsement providing that coverage in favor of Lender will not be i�mpaired <br />