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201210844
<br /> DEED OF TR�lST
<br /> Loan IVo: 127 (COYttlnuecd) Page 2
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender That: (1) During the period of
<br /> Trustor's ownetship of the Property,there has been no use,generation,manufacture,storage;�reatment,disposal,
<br /> release or Yhreatened 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 disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generation,manufacture, storage,treatment,disposal,release or threatened release of any Hazardous Su6stance
<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 (3) Except as previously
<br /> disclosed to and acl<nowledged by Lender in writing, (a) �either 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 ordinanc2s, inciuding without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to eMer upon the�Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem approprlate 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 sha.11 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 diligence in
<br /> in�estigating the Property for Hazardous Su6stances: 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;aod (2) agrees to indemnify,defend,and hold harmless Lender against any and all claims,losses,
<br /> liabilities,damages,penaliies,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 relezse occurring prior to Trustor's ownership or interest in the Property,whether or
<br /> not the same was or should have been Imown to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the o6ligaYion to intlemnify and defend,shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveya�ce of the lien of this Deed of Trust and shail not be affected by Lender's acquisition of any'tnYerest
<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 Properry or any portion ofi 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. Trusto�shalf not demolish or remove aay improvements from the fteal Property without
<br /> Lender's orior�vritten consent. As a condition to the removal of any Improvements,Lender may require Trusior to
<br /> make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br /> vatue.
<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 atiend m Lender's interests and to inspect the Real Property for purposes of Trus[or's
<br /> compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply witli all laws, o�dinances, and
<br /> regulations, now or hereafter in effect,of all governmenia!a:uihorities applicabie to ihe use or occupancy of the
<br /> Property,inclutling without limitation,the Americans With DisaGilities Act Trustor may contest in good fai#h any
<br /> such law,ordinance,or regulation and withhold compliance duting any proceeding,including appropriate appeals,
<br /> so long as Trustor has notifietl Lender in writing prior to doing so and so long as,in Lender's sole opinion,LendeYs
<br /> interests in the Property are noi 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 leave unattended the Property. Trustor shail do all other
<br /> acts,in addition to those acts set forth above in this secYion,which from the character and use of the Property are
<br /> reasona6ly 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 Deerl of Trust upon ttie 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 transfer"means the conveyance of Real Property or any
<br /> right, title or interest in the Real Propertyi whether legal, beneficial or equitable; whether voiuntary 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 contrect,or by sale,assignment,or transfer of any beneficial interest in
<br /> or to any land trust holdirig title to the Real Property,or by any other method of conveyance of an interest in the Real
<br /> Property. If any Trustor is a corporation,partnership or limitetl liability company,transfer also includes any change in
<br /> ownership of more than twenty-five percent(25%.)of the voting smck,partnership interests or limited liability coripany
<br /> interests,as the case may 6e,of such Trustor. However,this option shall not be exercised by Lender if such exercise
<br /> is prohibited by federal law or by Nebraska law.
<br /> TAXES AND LIENS. The foliowing provisions relating to the taxes and liens on the Proper[y are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shail pay when tlue(and in ail events prior to delinquency)all taxes,special taxes,assessments,
<br /> charges finduding 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 furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority cver or equal to the iMerest ot Lender unaer 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 cl.aim in 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 filed,
<br /> within fifteen (75) days after Trustor has notice of the filing,secure tfie discharge of the Gen, or if requested by
<br /> Lender,deposit with Lender cash er a sufficieM 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 other charges that could accrue as a
<br /> result of a forecfosure or sale under the lien. In any contest,Trustor shali defend itself and Lender and shall satisiy
<br /> any adverse]udgment before enforcement against the Property. Trustor shall name Lender as an additional o6ligee
<br /> under any surety bond furnished in ihe contest proceedings�.
<br /> Evidence of Payment. Trustor shall upon demand fur�ish�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�he taxes and assessments against the Property.
<br /> Notice of Consfruction. Trustor shall notify Lender at least fifteen(75)days before any work is commenced,any
<br /> services are fumished,or any materials are supplied to the Property,if any mecha�ic's lien,materialmen's lien,or
<br /> other lien could be assertetl on account of the work,services,or materials. Trustor will upon request of Lender
<br /> fumish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERFY DAMAGE INSIJRANCE. The following provisions relating to insuring the Property are a part of this Deed oi
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