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201210553
<br /> DEED oF TRusT
<br /> Loan No: '10004825 (ContlnUed) 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 /> �hreatened litigation or cfaims of any kind by any person relating to such matters; and (3) Except as previously
<br /> disclosed to and aci<nowfedged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user ofi the Property shall use, generate, manufacture, store, treat, dispose ofi or reiease any Hazardous
<br /> Substance on, under, about or from zhe Propsrty;and (b) any such activity shall be conducted in compliance�.nrith
<br /> all appficable federal, state, and locai (aws, regulations and ordinances, including without iimitation al:
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property io malce such
<br /> irrspections and tests, at Trustor°s expense, as Lenaer 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 res.ponsibility or liability on the part of Lender to Trustor or
<br /> to any other person. The representations and. warranties contai�ned 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 fio� 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 hoid harmless Lender against any and all claims, losses,
<br /> liabilities,damages, penalties, and expenses which Lender may directly or indirectly sustain or sufifer resulting from
<br /> a breach ofi 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 Trustor. The provisions of this section of the Deed of Trust,
<br /> . induding the obligaiion to indemnify and defend, shall survive the payment of the lndebtedness 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 the Property, whether by forecfosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, nermit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of'ihe Properry. Without limiting the generality of the
<br /> foregoi�ng, 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 /> Removai of Improvements. Trustor shall not demoiish or remove any Improvements from tti.e Real Property without
<br /> Lender's prior written consent. As a condition to the removal ofi any I.mprovements, Lender may require Trusto�r to
<br /> mai<e arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's R'ight to Enter. Lend.er and Lender's agents and representatives may enter upon the Real Property at al[
<br /> reasonable times Yo attend to Lender's interests and to inspect the Rea1 Property fior purposes ofi Trustor's
<br /> complia:nce with the terms and conditions of-tf�is Deed of Trust_
<br /> Compliance with Governmental Requerements. Trustor shall promptly comply witli all laws, ordinances, and
<br /> regulations, now or hereafiter in effect, of all governmental authorities applicable to the use or occupancy of tne
<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 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 n�ot jeopardized. Lender m�ay 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 le.ave unattended the Property. Trustor shall do all other
<br /> acts, in addition to those acts set for[h above in�this section, which from the character and use of the Property are
<br /> reasonably necessa�ry to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY �E110:DER. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured by this Deed ofi TrusY upon the sa�e or transfer, without Lender's prior writlen consent, �f ali or any part of the
<br /> Real Prop�e;ty, or any interest in tne Real Property. A "sale or transfer" means the conveyan�ce 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, instalfinent sale coMract, land cohtract, contract for deed, leasehold interest with a
<br /> term greater than three (3) years, lease-opti.on 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 /> Nebraslca law.
<br /> TAXES AND LIENS. The Following provisions relaYi:ng to the taxes and liens on the Property are part of this Deed ofi
<br /> Trust:
<br /> Payment. Trustor shall pay when due (ancl 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 Property, and shall
<br /> pay when due all claims for worlc done on or for services rendereci or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens naving priority over or equal to the interest of Lender under this Deed of
<br /> Trust, except for the Iien of taxes and assessments not due, except for the Existing InBebtedness referred to
<br /> below, a.nd except as otherwise provided in this Deed ofi Trust.
<br /> Right to Contest Trustor may withhold payment of any tax, assessment, or ciaim in connection with a good fiaith
<br /> dispute over the obligation io pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is fi�led as a result of nonpayment> Trustor snall 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 of the lien, or ifi requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satistactory 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 snaJl defend iiseFf and Lender and shail satisfy
<br /> any adverse judgment before enforcement 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 sha�li upon demand furnish to Lender satisfactory evidence of payment of Yhe taxes
<br /> or assessments and shal! autfiorize the appropria:te govemmental official to deliver to Lende:r ai any time a written
<br /> statement of the taxes and assessments against the Properiy..
<br /> Notice of Construction. Trustor shall n�otify Lender at least fifteen (1 5) days before any worl< is commenced, any
<br /> services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien could be asserted on accovnt 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 /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property a�re a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor snall procure and maintain policies of fire insurance with standard extendetl
<br /> coverage enciorsements on a replacement basis for the fult insurable value covering all Improvements on �the Real
<br /> Property in an amount sufficient to avoitl application ofi any coins.urance clause, and with a sxandard mortgagee
<br /> clause in favor of Lender,together with such other hazard and liabifity insurance as Lender may reasonably require.
<br /> Policies sha9Y be written in form, amounts, covera.ges and basis reasortably acceptable to Lender and issued by a
<br /> company or cornpanies reasonably acceptabie to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> frocn Yime to time the policies or certoficates of insurance in fiorm satisfiacto�ry Yo Lender, including siipulations that
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