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� 201210678
<br /> DEED OF TRUST
<br /> Loan No: 8700979'I (Cont111Ued) Page 2
<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 ofi, or reason to believe that there has been, except as previousiy disGosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generation, manufacture, storage, treatme:nt, disposal, re�lease or threatened release of any Hazardous Substarrce
<br /> on, under, about or firom 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; a�d (3) Except as previously
<br /> disdosed to and acknowledged by Lender in writing, (a) nelther Trustor nor any tertant, contracTor, agent or other
<br /> authorized user of the Property shall use, generate, manufa�cture, 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 compCiance with
<br /> all applicable federal, state, and local laws, regulations arad ordinances, including witnout limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and� tesis, 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 made by Lender shall 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 representaiions and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (9) releases and waives any future claims
<br /> against Lender for indernnity or contribution in the eveni Trustor becomes liable fior cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and ail claims, losses,
<br /> liabilities, damages, penalties., and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this sec'tion of the Deed of Trust or as a consequence ofi any use, generation, manufacture, storage,
<br /> disposal, release or threatened release occurring prior to Trustor's ownership or inte�est in the Property, whether or
<br /> not the same was or snould 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 the Indebtedness 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, whetner by fo�eclosure 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 tne Property. Without limiting the generality of the
<br /> foregoing, Trustor will not remove, or grant to any other party tne right to remove, any timber, minerals (including
<br /> oil and gas), coal, clay,scoria,soil, gravel or rock products without LendePs prior written consent.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property wiYhout
<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 teplace such Improvements witn 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 fteal 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 /> regulations, now or hereafter in effect, of aIl governmental authorities applicable to tne use or occupancy of the
<br /> Ptoperty, including without limitation, the Americans With Disabilities 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 Trustor nas notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br /> bond, reasonably satisfactory to Lender,.to protect Lender's iMerest.
<br /> Duty to Protect_ Trustor agrees neitner to abandon or leave unattended the Property. Trustor shall do all other
<br /> acts, in addition Yo 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 Yhe 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 upon the sale or transfer, without Lender's prior wriiten consent, of all or any part of the
<br /> Real Property, or any intetest in the Real Property_ A "sale or transfer" means ihe 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, leasehold interest with a
<br /> term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interesY 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 prohibiied by federal law or 6y
<br /> Nebraska 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 sewerl, fines and impositions levied against or on account of the Property, and shall
<br /> pay when due alI claims for work done on or for services rendered or material 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 and except as otherwise provided in this Deed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold payment of any iax, assessment, or daim i�n 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 lien 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 fiiled,
<br /> witnin fifteen (9 5) days after Trustor has notice of the fiiling, secure the discharge of the lien, or if requested by
<br /> Lender,deposit with Lender cash or a suffi:cient corporate surety bond or other security satisfiactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attomeys' fiees, 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 additio�nal obligee
<br /> under any sureYy 6ond fumished in the contest proceedings�.
<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 governmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notece of Construction. Trustor shall notify Lender at least fifteen (95) days before any work is commenced, any
<br /> services are fiumished, or any materials are supplied to tne Property, if any mechanic's lien, mate�ialmen'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 /> improvemenYs.
<br /> PROPERTY DAMAGE INSURANCE. The fiollowing provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trusior shall procu�e and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the fiull insurable value covering all Improvements on tne Real
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