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201209367
<br /> DEED OF TRUST
<br /> Loan No: 872058835 (Colltitlued) Page 2
<br /> control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents firom the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br /> replacements, and maintenance necessary to p.reserve its value.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: ("I) During the period of
<br /> Trustor's ownership of the Property, there nas been no use, ge:neration, manufacture, storage, treatment, disposal,
<br /> release or threatened release ofi any Hazardous Substance by any person on, under, about or from the Property;
<br /> (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disciosed to and
<br /> acknowledged by Lender in writing, (a) any breach or viotation of any Environmental Laws, (b) any use,
<br /> generation, manufacture, storage, treatrnent, disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or from ihe Property by any prior owners or occupanis oF 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 previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Prope.rty shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br /> Substance on, under, about or firom the Property; and (b) any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and Iocal laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor auEhorizes 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 tnis section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and snall not be construed.to c�eate 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 for Hazardous Substances. Trustor hereby ("I) releases and waives any future claims
<br /> against Lender for indemnity or contribution i� the eveM Trustor becomes Iiable 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, pertalties, and expenses which Lende.r may directly or indirectly sustain or sufifer 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 ownershi�p or interest in tne Property, whether or
<br /> not the same was or should have been known to Trustor. The provisions of this section ofi the Deed of Trust,
<br /> including the obligation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction
<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 /> Nuisanee. 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 tne
<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 of at least equal
<br /> value.
<br /> Lender's Right.to Enter. Lender antl Lender's agents and representatives may enter upon the Rea�l Property aY all
<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 conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with alI laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy ofi the
<br /> Property. Trus�tor may contest in good faith any such law, ordinance,or regulation and withhold compliance during
<br /> any proceeding, includ�ing 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 tne Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond,reasonably satisfiactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended tne Property. Trustor shall do all other
<br /> acts, in addition to those acts sei forth above in this section, which from the character and use of tne Property are
<br /> reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER_ Lender may, at LendePs 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 tne Real Property. A "sale or transfer" means the conveyance of Real Property or any
<br /> �ighi, title or interest in the Real Property; whether Iegal, beneficial or equitable; whether voluntary or involuntary;
<br /> wheiher by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold 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 Molding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br /> Property.. However, this optiort shall not be exercised by Lender if such exercise is prohibited by federel law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and li.ens 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), 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 fiurnished to the Property. Trustor
<br /> shall maintain the Property free of a�ll fiens having priority over or equal Yo[he inte�est of Lender under this Deed of
<br /> Trust, except for the lien of 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 connection with a good faith
<br /> tlispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. Ifi a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien. arises or, if a lien is filed,
<br /> witnin fifteen (1 5) days after Trustor has notice of[he fili.ng, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficieM 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 cna:rges that could accrue as a
<br /> resulT of a foreclosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement 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 evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate govetnmental 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 fiif[een (1 5) days before any work is commenced, any
<br /> services are furnished., or any materials are supplied to tne Property, if any mechanic's fien, materialmen's lien., or
<br /> other lien could be asserted on account of the work, sewices, o� materials. Trustor will upon request of Lender
<br /> furnish to Lender advance assurances saiisfacibry to Lender that Trustor can and will pay the cost of such
<br /> improvements.
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