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201209429
<br /> DEED OF TRUST
<br /> Loan No: 10004528 (COntinUed) 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 acknoa�ledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shall use,generate,manui'acture,store,treat,dispose of or release any Hazardous
<br /> SubsYance on;under,about or from the Properiy;and (b7 any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local Iaws, regulations and ordinances, including without limitation ali
<br /> Environmental Laws. Trustor authorizes Lender and its agents to entet 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 /> purpeses only and shal!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 for Hazardous Substances. Trusmr hereby (1} 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 claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may directly or indirectiy sustain or suffer resulvng from
<br /> a breach of Yhis 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 ot
<br /> not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> inciuding the obligation Yo 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 shail not be affected by Lender's acquisition of any interest
<br /> in the Property,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor sFall not cause, conduct or permit any nuisance nor commit, permit, or suffe� any
<br /> stripping of or waste on or to tne Property or any portion of t�e Property. Without limiting tne generality of the
<br /> foregoing,Trustor wil!not remove,or grant to any other party the right to remove,any timber,minerais(including
<br /> oil and gas1,coai,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 m Lender to 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 Real Property at ali
<br /> reasonabie times to attentl to Lender'S interests and to inspect the Real Property for purposes of Trusmr's
<br /> . compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Go�ernmental Requirements. Trustor shall promptly comply wiih all iaws, ordinances, and �
<br /> regulations, now or hereafter in effect,of ali 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 withhoid compliance during
<br /> any proceeding,inciuding appropriate appeals,so long as Trustor has notified Lender in writing prior to doing so
<br /> and so long as,en 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 Lentler's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon orleave unattended the Properiy. Trustor shall tlo 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 Property.
<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,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 inYeresY in the Real Property; whether legal, beneficial or equRable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasenoid interest with a
<br /> term greater than three(3)years;lease-option contract,or by sale,assianment;or transfer of any beneficial interest in
<br /> or to any land trust holding title to tfie Real Property,or by any other method of conveyance of an interest in±he Reai
<br /> Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federat iaw or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on Yhe Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due(and in all events prior io delinquency)all taxes,special taxes,assessme�ts,
<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 wo�k 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 taxes and assessments not due, except for the Existing Indebtedness referred to
<br /> befow,and except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhoid payment of any tax,assessment,or claim in connection with a good fa:ith
<br /> dispute over the obligation to pay,so long as Lende�r's interest fn the Property is not jeopardized. If a lien anses or
<br /> is filed as a result ci nonpayment,Trustor shall within�ifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifteen (15}days after Trustor has notice of the filing, secure the discharge ofi the iien,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 attorneys'fees,or otheF charges 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 ofi payment of the taxes
<br /> or assessments and shall authorize the 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�Purnished,or any materials are suppiied to the?reperty,if any mechanic's lien,materialmen's Eien,or
<br /> other fien could be asserted on accounT of the work, szrvice�,or materials. Trustor wil; upon request of Lender
<br /> furnish to Lencier advance assurances satisfactory to Lender that Trustor can and will pay the cast oi such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANGE. The following provisions relating to insuring the Property are a part oT this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a Feplacement basis for the full insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to 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 Yequire.
<br /> Policies sfiall 6e written in form,amounts,coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptabie to Lender. Trustor, upon request of Lender,will deliver to Lender
<br /> from time to time The policies or certificates of insurance in iorm satistactory to Lender,including stipulations that
<br /> coverages will not be canceiled.or diminished wiihout aY least ten(101 days prior written notice to Lender. Each
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