|
201210945
<br /> DEED OF TRUST
<br /> Loan No: 89001783 (Col�tinued) Page 2
<br /> Duty to Maintain. Trustor shali maintain the Property in tenantable condition and promptly perform all repairs,
<br /> replacaments, and maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lendet thatt (9) During the period ofi
<br /> Trustor's ownersnip of the Property,there has been no use, generaYion, manufacture,storage,treatment, disposal,
<br /> release or threatened release of any Hazardous Substance by any person on, under, about or #rom the Ptoperty;
<br /> (2) Trustor has no knowFedge of, or reason to believe that tnere has been, except as previously disdosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any EnvironmenYal 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 o� o�ccupants 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 /> discbsed 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 applic.able federal, sYate, and Iocal laws, regulations and ord�i�nances, including without limitation� all
<br /> EnvironmentaJ Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests, at Trusior's expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this section of the Deed of Trust. Any ins.pections or iests made by Lender shall be for Lender's
<br /> purposes only and shail not be construed to create any responsibility or liabil)ty 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 /> i:nvestigating Yhe Property for Hazardous Substances.. Trustor hereby (1) releases and waives any future claims
<br /> agai.nst Lender for indemnity or contribution in the event Trustor becomes liable for deanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender agai.nst any and all claims, losses,
<br /> liabilities, damages,penalties, and expenses which Lender may d�irectly or indirectly sustain or suffer resulting from
<br /> a breacn. of tnis section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release or threatened relea5e occurting prior to Trustor's ownership or interest in the Property, whether or
<br /> not the same was or should have been known to Trus[or. 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 satisfiaction
<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 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 the Reai Property witnout
<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 replace such Improvements with Improvements ofi at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Rea1 Property at all
<br /> reasonable times to attend to Lender's interests and to inspec[ 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 i.n effect, of all governmental authorities applicable to the use or occupancy of the
<br /> Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or regulation and witnhold compliance during any proceeding, including appropriate appeals,
<br /> so long as Trustor has notifiied Lender in writing priot to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interesis in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br /> bond, reasonably satisfiactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon oi leave unattended the Property. Trustor shall do all other
<br /> acts,in addition to those acts set forth above in this section,which from tne cha.racter 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 opti�on, declare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfer,withouT Lender's prior written consent,of all or any part ofi tne
<br /> Real Property, or any inTerest in the Real Property. A "sale o�transfer" means the conveyance of Real Property or any
<br /> �ignt, title oF interest in the Real Property; whether Iegal, beneficial or equitable; whether voluntary oY involuntary;
<br /> whether by outright sale, deed, insYallment sale contract, land contract, contract fior deed, leasehold interest witn a
<br /> term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial inte�rest in
<br /> or to any land trust hoJding 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 prohib:ited by 'federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part ofi this Deed of
<br /> Trust:
<br /> PaymenY_ Trustor shall pay when due (and 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 work done on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens having priorRy over or equal to the interest ofi Lender under this Deed of
<br /> Trust, except for ihe lie��n of taxes and assessments no� due and except as otherwise provided in this Deed of
<br /> Trust
<br /> Right to Contest. Trustor may withhold paymenY of any tax, assessment, or claim in connection with a good faith
<br /> dispute over the obligation to.pay, so Iong as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a result ofi nonpayment, Trustor shall within fifteen ("15) days after the Iien arises or, if a lien fs filed,
<br /> within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lender,deposit with Lender cash or a sufficient corpo�ate surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attomeys' fees, or other charges that could accrue as a
<br /> resuk of a fioredosure or sale under the lien. In any contest,Trustor shall defiend itseif 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 the contest proceedings.
<br /> Evidence of Payment_ Trustor snall upon tlemand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize tne appropriate governmental official to deliver to �ender at any time a written.
<br /> statement of the taxes and assessments against the Property�.
<br /> Notice of Construction. Trustor snall notify L:ender at least fifteen (15) days before any work is commenced, any
<br /> services are furnished, or any materia.ls are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien couid 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 TrusYor can and will pay the cost of such
<br /> i:mprovements.
<br />
|