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201210351
<br /> DEED OF TRUST
<br /> Loan No: 872056509 (Continued) Page 2
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> autnorized user of the Property shall use, generate, man�ufacture, store,treat, dispose of or release any Hazardous
<br /> Substance on, under, about or from the Properiy; and (b) any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulatio�s and ordinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter uport the Property to make such
<br /> inspeetions 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 m�ade by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or IiabiFity 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 H�.azardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or conYribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and fiold harmless Lender against any and all claims, losses,
<br /> Iiabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of ihis section of Yhe Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release�o�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 survive the payment of Yhe Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not.be affected by Lender's a��cquisition of any interest
<br /> in the Property, whether by foreclosure or otherwise.
<br /> Nuisance, 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. Witnout Iimiting the generality ofi the
<br /> foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br /> oiI and gas), coal, day,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 io the removal of any Improvements, Lender may require Trustor to
<br /> make arrangements satisfiactory to Lender to repface sucn 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 /> reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trusror's
<br /> compliance with the terms and conditions of this Deed ofi Trust. �
<br /> Compliance wiYh Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulaiions, now or hereafter in effect, of all governmental autnorities applicable to the use or occupancy of Yhe
<br /> Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals, so long as Trustor has noti#ied Lender in writing prior to doing so
<br /> and so long as, in Lender's sole opinion, Lender's.in2erests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate seaurity 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- CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured by this Deed of Trust upo�n the sale or transfier, w-ithout Lender's prior written consent,of all or any part ofi 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 interest in the Real Property; whether legal, beneficial. or equiYable; whether voluntary or involuntary;
<br /> whetner by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest wiih 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�n 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.Iaw.
<br /> TAXES AND LIENS_ The following provisions relating to tne taxes and liens on ihe 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 (induding water and sewer), fines and impositions levied against or on account of the Property, and shall
<br /> pay when due all daims for work done on or for services rendered or material fiurnished to the Property. Trustor
<br /> shall maintain the Properiy free of alI liens having priority over or equal to the interest of Lender under this Deed of
<br /> Trust, except fior the lien of iaxes and assessments not due and except as otherwise provided in this Deed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold paymeM of any tax, assessment, or claim in connection with a good fiaitn
<br /> dispute over the obligation io pay, so long as Lender's interest in tne Property is not jeopardized. Ifi a lien arises or
<br /> is filed as a resuk of nonpayment, Trustor shall within fifteen (1.5) days after the Iien arises or, if a lien is filed,
<br /> within fifteen (15) days 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 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 otner�cha.rges that could accrue as a
<br /> result of a fioreclosure or sale under the lien. In any contest,Trustor shall defend itself and Lende�and shall satisfy
<br /> any adverse judgment befiore enforcement against the Property. Trustor snall name Lender as an additional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment_ Trustor shail upon demand furnish to Lender satisfactory evidence ofi payment of the taxes
<br /> or assessments and shall authorize tne appropriate governmentai 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 materials are supplied to the Property, ifi any mechanic's lien, materialmen's lien, or
<br /> other lien could be asserted on account of the work, services, or materiais. Trustor will upon requesY 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 WSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance ofi 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 amount sufiFicient 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 insuranee as Lender may reasonably require.
<br /> Policies shall be written in fiorm, amounts, coverages and basis. reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> €rom time to time tne policies or certificates of insurance in form satisfactory to Lender, including stipulations that
<br /> coverages will not be cancelled or diminished without at least ten (70) days prior written notice to Lender. Each
<br /> insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired
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