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201209636
<br /> DEED OF TRUST
<br /> Loan Nor 87009701 (COntlrFued) 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 of or release any Hazardous
<br /> Substance on,under,about or from the Property;and {b) any such activity shall be arnducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, incfuding without IimiYation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Propeety to make such
<br /> i�spections 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 /> 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 TrustoAs due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1) 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 claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may directly or indirecUy sustain or suffer 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 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,shall su�vive the payment of the Inde6tedness 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 Yhe Proper[y,.whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, perrn�it, or suffer any
<br /> stripping of 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,clay,scoria,soil,gravel or rock products withoui 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 and Lender's agents and representatives may enter upon the Real Property at all
<br /> reasonable times to attend to Lender's interests and to inspect the Reaf Property for purposes of Trustor's
<br /> compGance with the terms and conditions of this Deed ot Trust.
<br /> Compliance with Governmental Requirements. Trustor shall prompEly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect,of all govemmental authorities applicable to the use or occupancy of the
<br /> Property,including without limitation,the Americans With Disabil�ities Act. Trustor may contest i�n good faith any
<br /> such law,ordinance,or regulation and withhold compliance during any proceeding,including appropriate appeals,
<br /> so fong 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 Properry are notjeopardized. Lender may require Trustor to post adequate security or a surety
<br /> bond,reasonably satisfactory to Lender,to protect Lender's i�terest.
<br /> Duty to Protect. Trustor 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 /> reasona6ly 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 ail 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 i�terest in the Real Property. A"sale or transfer"means the conveyance of Real Property or any
<br /> right, title or interest i� the Real Property; whetNer legal, 6eneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three 13i years,lease-option contract,or by sale,assignment,or transfer of any beneficial 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 if such exercise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The foflowing 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 all events prior to delinquency)ap taxes,special tazes,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 fumished to the Praperty. Trostor
<br /> shall maintain the Property free of all liens having priority over or equal fo the interest ofi 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 /> dispute over the o6ligation to pay,so long as Lender's interest in the Properry 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,if a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of the filing,secure tHe discharge o#the lien,or if requested by
<br /> Lender,deposit with Lender cash or a sufficienE corporate surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any cosYs and attomeys'fees,or other charges that could accrue as a
<br /> resuk 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 enfarcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond fumished 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 authoriie the appropriate�governmental 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 furnished,or any materia.ls 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 /> fumish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost 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 /> MaiMenance of Insurance_ Trustor shall procure and maintain policies of fire insurance�with standard extended
<br /> coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
<br /> Property in an amou�t sufficient to avoid application of any coinsurance clause, and with a s[andard mortgagee
<br /> clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br /> coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br /> Iiabiiity insurance policies. Addiiionally,Trustor shall maintain such other insurance, including but not limited to
<br /> hazard, 6usiness interruption,and boiler insurance,as Lender may reasonably require. Policies shall be written in
<br /> form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
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