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201209915
<br /> DEED OF TRUST
<br /> Loan No: 'E73051732 (Continued9 Page 2
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and (31 Except as previously
<br /> disclosed to and acicnowledged by Lender in writing, (a) neither�Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shall use,generate,manutacwre,store,treat,dispose of or reiease any Hazardous
<br /> Substance on;under,about or from the Property;and �bY any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, including witFiout limitation aII
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Prooerty to malce such
<br /> inspections and tests, at Trustor's expense, as Lender may deem aopropriate to determine compliance of the
<br /> Property with ihis section of the Deed of Trust. Any inspections or tests made by Lende�sfiall be for Lend�er's
<br /> purposes only and shall not be construed to create any respo�sibility 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 (1) releases and waives any future daims
<br /> against Lender for indemnitV or contribution in the event Trustor becomes liable for deanup 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 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 I<nown to Trustoc The provisions of this section of the Deed of Trusi,
<br /> induding the obligation to indemnify and defend,5ha11 survive the payment of the Indebtedness and the satisfaction
<br /> and recom�eyance of the lien of this Deed ofi Trust and shali not be affected by Lender's acquisition of any interest
<br /> in Yhe Properiy,whether by foreciosure or otherwise.
<br /> Nuisartce, Waste. Trustor shall not cause, conduci ar permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of the Proper8y. Without limiting the generality of the
<br /> foreooing,TrusFor Niill not remove,or grant to any other party*he right to remove,any iimber,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 Improvemenfs 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 su:ch Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Le�der's agents and representatives may enter upon the Real Property at all
<br /> reasonable Umes 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 wifh Governmental Requirements. Trustor shall promptly comply wiih ali !aws, ordinances, and
<br /> regulations, now or hereafter in effect,of al!governmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law,ordinance,or reg�ulation and withhold compliance during
<br /> any oroceeding,including appropriate appeals,so long as Trustor fias notified Lender in writing prior to doing so
<br /> and so long as,in Lender's sole opinion,Lender's interests in the Property are notjeopardized. Lender may require
<br /> Trustor to post adequate security 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 m those acts set forth above in this sec[ion,which from the character and use of the Property are
<br /> reasonably necessary to protect and preserve the Property.
<br /> Construction Loan. If some or aII of the proceeds of the loan creating the Indebtedness are to be used to construct
<br /> or complete construction of any Improvements on ihe Property,the Improvements shall be completed no later than
<br /> the maturity date of the Note(or such earlier date as Lender may reasonably establish)and Trustor shall pay in full
<br /> all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and
<br /> conditions as Lender may deem reasonabiy necessary to insure that the interest created by this Deed of Trust shall
<br /> have priority over all possi6le liens,including those of materiai suppliers and workmen. Lender may require,among
<br /> other things, That disbursement requests be supported by recei�ted 'oi�lls, expense a�:�fidavits, waivers of liens,
<br /> construction progress reports,and such other documentation as Lender may reasonably request.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare immedi.ately due and payable alI 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 trensfer"means the conveyance of Real Property or any
<br /> right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract; land contrect, 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 holding title to the Real Property,or by any other method of conveyance of an interest i�the Real
<br /> Property. Howev�er, this option shall not be exercised 6y Lender if such exercise is prohibited 6y federal law or by
<br /> Ne6raska iaw.
<br /> TAXES AND LIENS. The following provisions relating±o the taxes and liens on the Property are part of ihis 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 fincluding water and sewer),fines and impositions levied against or on account of the Property,and shall
<br /> pay when due all claims for worlc d:one on or for services rendered or material fumished to the Property. Trustor
<br /> shall maintain the Property free of all liens having prioriiy over or equal to the interest 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 ivith a good faith
<br /> dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fiheen (15) daVs after the lien arises or, if a lien is filed,
<br /> within fifteen(15)days after Trustor has notice of the filing,secure ihe diScharge of the fien,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 suificient to discharge the lien plus any costs and attomeys'fees,or other charges that could accrue as a
<br /> result ot a foreclosure or sale undeF the lien. In any contest,Trustor shall defend itself and LendeY and shall satisfy
<br /> any adverse judgment berore enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond fumished in the contest proceed:ings.
<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 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 (151 days before any work is commenced,any
<br /> services are furnished,or any materials are supplied to the Property;if any mechanids lien,materialmen's Iien,or
<br /> other lien could be asserted on account 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 will pay the cost of such
<br /> improvements.
<br /> PRQPERTY�AMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
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