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201210369
<br /> DEED OF TRUST
<br /> Loan No: 81001726 (Continued) Page 2
<br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may (1T remain in possession and
<br /> control of the Property; (2) use, operate or manage the Property; and (3) colleci the Rents from the Prope�rty.
<br /> Duty to Maintain. Trustor shafl maintain the Property in tenantable condition and promptly perform aIl repairs,
<br /> replacements, and maintenance necessary to preserve�its value.
<br /> Compleance With Environmental Laws. Trusior represents and warrants to Lender that: (1J� During the period of
<br /> Trustor's ownership of the Property,there has been no use, generetion, manufacture,storage, treatment, disposal,
<br /> release or threatened release� of any Hazardous Substance by any person on, under, about or from the Property;
<br /> (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disdosed to and
<br /> acknowledged by Lender in� writing, (a) any breach or violation ofi any Environmental Laws, (b) any use,
<br /> generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior� owners or occupanis of the� Property, or (c) any actual or
<br /> threatened litig�ation or claims of any kind by any person relating to such matters; and (3) F�ccepi 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., 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 conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordirtances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter 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 o� tests made by Lender shall be for Lender's
<br /> purposes only and shalf 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 dilige��nce 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 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 conse4uence 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 ofi Trust,
<br /> including tne obligation to indemnify and defend,.shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed ofi Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property, whetner 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. 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 without Lender's prior written consent.
<br /> Removal of Improvements_ Trustor shall not demolish or remove any Improvements from tFie Real Property without
<br /> Lender's prior written consent. As a condition.to the re�moval of any ImprovemeMs, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender io replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agenis 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 /> compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements_ Trustor shall promptly comply with all laws, ordinances, and
<br /> regulaYions, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br /> Property, including withoui limitation, the Americans With Disa.bilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
<br /> so long as Trusior has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interests in the Properiy are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br /> bond, reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or Ieave 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 ofi Trust upon the sale or transfer, without Lender's prior written c4nsent, of all or any part of the
<br /> fteal Property, or any interest in the Real Property_ A "sale or transfier" 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 contract, contract for deed, leasehoJd interest witn a
<br /> term greater than three (3) years, lease-option contract, or by sale, assignment, or transfier of any beneficial i.nterest in
<br /> or to any land trust nolding title to the Real Property, or by any other meYhod ofi conveyance of an interest in the Real
<br /> Property. However, this option snall not be exercised by Lender if such exercise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The fiollowing provisions relating to the taxes and liens on the Property are part of this Deed ofi
<br /> Trust:
<br /> Payment. Trustor shall pay when due (and in all events prior to delinquencyD all taxes, special taxes, assessments,
<br /> charges (incl:uding 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 fior services rendered or material fumished to the Property. Trustor
<br /> shall maintain ihe Property free of all liens having priority over or equal to the inrerest of Lende.r under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this DeeB ofi
<br /> Trust.
<br /> Reght to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br /> dispute ove[the obligation to pay, so Iong as Lender's interest in tne Property is not jeopardized. If a Iien 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 ofi the filing, secure the discharge of the lien, or ifi requested by
<br /> Lender, deposit wiih Lender cash or a sufficient corporate surety bond or other security satisfiactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and at4omeys' fees,or other charges that could accrue as a
<br /> result of a foreclosure or sale under ihe 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 ihe contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand fiurnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental official to deliver to Lender ai any time a written
<br /> statement of Yhe 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 fiurnished, o�any materials 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 requesi of Lender
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