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201210846
<br /> DEED OF TRUST
<br /> Loan No:81001866 (Con$inUBd� Page 2
<br /> generation,manufacture,stOrage,treatment,disposal,release or thteatened release of any Hazardous Substance
<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 daims of any kind by any person relating to 5uch rnatters; and (3) 6ccept as previously
<br /> disclosed m aod acknowledged by Lender in wrivng, (a1 neither Trustor nor any tenant,contractor,agent or other
<br /> authorizea user of the P;operYy shall use,generate,manufacture,store,treaY,dispose of or release any Hazardous
<br /> Substance on,under,about or from the Property;and ib) any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, including without Iimitation 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 ihe Deed of Trust. Any inspections or tests made by Lende�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 ot
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims �
<br /> against Lender for indemniTy or contribution i�.the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws;and (21 agrees to indemnify,defiend,and hold harmless Lender against any and aii claims,losses,
<br /> li.abilities,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 consequence of any use,generation,manufacture,storage,
<br /> disposal,refease or threaiened release occurring prior to Trustor's ownership or interest in the Property,whether or
<br /> not the samz was or should have been known Yo Trustor. The provisions of this section of Yhe 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 shali not be affected by Lender's acquisition 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. Without limiting the generality of the
<br /> foregoing,Trustor wili not remove,or grant to any other party the right to remove,any timber,minerals(including
<br /> oil and gas1,coal,clay,scoria,soil,gravel or rock products without Lender's prior writTen consent.
<br /> Removal of Improvements. Ttustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lender's prior written consent. As a conditicn to the removal of any Improvements,Lender may require Trustor to
<br /> mal<e arrangements satisfactory to Lender m replace such 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 ihe 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 /> regulations, now or hereafter in effect,of all governmental authorities applicable to the use or occupancy of the
<br /> Property,including without IimitaYion,the Americans W'ith Disabilities Act. Trustor may contest in good faith any
<br /> such law,ordinance,or regulation and wlthhold compllance during any proceeding, including appropriate appeals,
<br /> so long as Trustor has 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 notjeopardized. 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 shall do all other �
<br /> acis,in addition to those acts set forth above in ihis section,whi.ch from ihe characterand use of the Property are
<br /> reasonabiy necessary to protect and preseroe the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare immediately due and payable all sums
<br /> secured 6y this Deed of Trust upon the sale or transfer,without Lender's prior written consent,of ali or any part of the
<br /> Real Property,or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Propercy or any
<br /> right, title or interest in the Real Property; whether legal, beneficial or equitabie; 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 interest in
<br /> or to any land trust holding title to the Real Rroperty,or by any other method of conveyance of an interest in the Real
<br /> Property, If any Trustor is a corporation,partne.rship or limited liability company,transfer also includes any change in
<br /> ownership of more than twenty-five percent(25%)of the voting sto�ck,partnership interests or limited liability company
<br /> inYerests,as the case may be,of such Trustor. However,this option shall not be exercised by Lender if such exercise
<br /> is prohibitetl by federal law or by Nebraska law.
<br /> TAXES AND LIENS. The foliowing provisions relating to the taxes and liens on the Property are part of thi�s Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due�and an all events prior to delinquency)all t�es,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 all 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 prioriry over or equal to the inierest 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 tax,assessment,or claim 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 fil.ed as a result of nonpayment,Trustor shall within fifteen (15) days aftet the lien arises or, if a lien is filed,
<br /> within fifteen (15)days after Trustor has notice of Yhe filing,secure the discharge of the lien;or if requesYed 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 lieo plus any costs and attorneys'fees,or othei 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 befo�e enforcement against the Property. Trustot shall name Lender as an additional obligee
<br /> under any surety bond furnished 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 /> f�lotice of Construction. Trustor shall notify Lender at least fifteen(15)days before any work is commenced,any
<br /> servi.ces are fumished,or any materials are supplied to tfie Property,if any mechanic's lien,materiaimen's lien,or
<br /> other lien could be asserted on account 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 ioflowing provisions reiating�o insuring the P�ope:ty are 2 pari of this Deed of
<br /> Trust.
<br /> Maintenance of lnsurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the full insurabie value covering all Improvements on the Real
<br /> Property in an amount suifiicient to avoid application of any coinsurance clause, and with a s�tandard morigagee
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