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201209697
<br /> DEED OF TFiUST
<br /> Loan No: 10004668 (Continued) Page 2
<br /> on, under, about or from the Property by any prior owners or occuparrts of the Property,or (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to sucn matters;and (3) Except 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 Property shall use,generate,m2nufacture,store,veat,dispose of or release any Hazardous
<br /> Substance on,under,about or from the Property;and (b) any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordi�ances, including without limitation all
<br /> Environmentai Laws. Trustor authorizes Lender and its agents to enter upon the Preperty 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 �eed of Trust. Any inspections or tests made by Lender shail 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 represe�tations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1] releases and waives any futute claims
<br /> against Lender for indem�ity or contribution in the event Trustor becomes Iiable for cleanup or other costs untler
<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 indirectly sustain or suffer resulting 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 Properry,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 deiend,shall survive the payment of the Indebtedness and ihe satisfaction
<br /> and reconveyance of the lien of tliis Deed ofi Trust and shall not be afrected by Lender`s acauisition of any interest
<br /> in Ihe Property,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permtt, or suffer any
<br /> stripping of or waste on or to tfie 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 timtier,minerals(inciuding
<br /> oil and gas1,coal,clay,scoria,soil,gravel or rocic products withoui Lender's prior written consent.
<br /> Removal of Improvemer�ts. 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 Real Property for purposes of Trustor's
<br /> compfiance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requieements.. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect,of all governmental authorities applicable to the use or occupancy of the
<br /> PPoperty. Trustor may contest in good faith any such law,ordinance,or regulation and withhold compllance during
<br /> any proceeding,including appropriate appeals,so long as Trustor has notified Lender in writing prior to doing so
<br /> a�d so long as,in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate se�curity or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
<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 /> reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-60NSENT BY LENDER. Lender may,at Lender's option,declare immediately due and oayable ali sums
<br /> secu�ed by this Deed ofi Trust upon the sale or transfer,without Lender's prior written consent,of a!I or any part of the
<br /> Real Property,or any interest in the Real Property. A"sale or transier"means the conveyance of Reai Froperty or any
<br /> right, title or interest in the Real Property; whether legal, benefiiciat or eGuitable; whether voluntary or invoiuntary;
<br /> whethet by outrigi'nt sale, deed, insfellnent sale contract, land contract, contract for deed, leasehold interest witfi a
<br /> term greater than three(3}years, lease-option contract,or 6y sale,assignment,or transfer of any beneficial interest in
<br /> or to any land trust holding title m the Real Property,or by any other method of conveyance of an interest in the Real
<br /> Property. However, this option shail not be exercised by Lender if such exercise is prohibited by federal law or by
<br /> Nebrasl<a 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 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 Pro�perty,and shall
<br /> pay when due al!claims for worl<done on or fior services rendered or rnaterial fumished 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 Inde6tedness referred to
<br /> below,and except as otherwise provided in this Deed of Trust.
<br /> Riyht to Contest. Trustor may withhold payme�t ofi 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 9ien 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) cfays after Trustor has notice of the filing,secure the discharge of the lien,or if requested by �
<br /> Lender,deposit with Lender cash or a sufficient cotporate 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 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 upo�demand fumish to Lender satisfactory evidence of payment of the taxes
<br /> ot assessme�cs and shall authorize the appropriate govemmental official to deliver to Lender at any time a written
<br /> � statement of the taxes and assessments against ihe Properiy.
<br /> No4ice of Construction. Trustor shall noti'ry Lender at feast fifteen t15)days befiore any worK is commenced,any
<br /> services are furnished,or any materials are supplied to the Property,if any mechanids lien, materialmen's lien,or
<br /> other lien could be asseried on aceount of the work, services,or materials. Trustor will upon request of Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and wili pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring ffie Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shali procure and maintain policies of fire insurence with standard eztended
<br /> coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application cf any coinsurance clause, a�d 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 reasonably acceptabie io Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will tlelever to Lender
<br /> � from time To time the poficies or certificates of insurance in form satisiactory to Lender,including stipulations that
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