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201211011
<br /> DEED OF -fFdlJSI"
<br /> Loan Na: 81002047 (C017til1l.led) Page 2
<br /> acknowledged by Lender in writing, (a) any breach or violation ofi any Environmental Laws, (b) any use,
<br /> genePation, manufiacture, storage, treatment, disposal, release or threatened 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 Icind by any person relating to such matters; and (3) Except as previously
<br /> discfosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, cont�actor, 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 witfi
<br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation 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 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 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 indemnPty 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 hold harmless Lender against any and all ciaims, iosses,
<br /> liabilities, damages,penalties, and expenses which Lender may directly or indirectly sustain or suffier resulting fro�m.
<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 release occurring prior to Trustor's ownership or interest in the Property,whether or
<br /> not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> induding the o6ligation 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,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor sha�.li 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 generaiity of the
<br /> foregoing, Trustor will not remove, or grant to any other party the right to remove, any timtier, minerals (induding
<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 rernove any Improvements from tne Reai Property without
<br /> Lender's prior written consent. As a condition to tne �emoval of a:ny Improvements, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Improvements witn improvements ofi at least equal
<br /> value.
<br /> � Lender's Right to Entec. Lender and Lender's agents and representatives may enter upon the Real Property at ail
<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 /> Gompliance with C�overnrnental Requiremerets. Trustor shali prom.ptly comply with all laws, ordinances, and
<br /> regulations, now or neteafter in effect, of all governmental a�Lthorities applicable to the use or occupancy of the
<br /> Property, ind.uding without lim�itation, 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 has notified Lender in writing pYior to doing so and so bng as, in Lender's sole opinion, Lender's
<br /> interests in t}ie Property are not jeopardized: Lender may requi're Trustor to post adequate security or a surety
<br /> bond, reasonably satisfiactory to Lender,to protect LendePs interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shal�l do all other
<br /> acts, in addition to 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 the Property.
<br /> Construction Loan., If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct
<br /> or complete construction of any Improvements on tne Property,the Improvements shall be completed no later than
<br /> the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Trustor shall pay in fiull
<br /> all costs and expenses in connecti�on with the work. Lender wi.ii disburse loan proceeds under such terms and
<br /> conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed of Trust shall
<br /> have priority ove�all possible liens, induding those of material suppliers and workmen. Lender may require, among
<br /> other things, that disbu:tsement requests be supported by receipted biils, expense affidavits, waivers of liens,
<br /> construction progress reports, and such other documentation as Lender may reasonabiy request.
<br /> DUE OIV�SALE-CONSENT BY LENDEFt. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured by this Deed of Trust upon tne sale or transfer, witfiout Lender's prior written consent, of all or any part o#the
<br /> Real Property, or any i.nterest i.n the Real Property. A "sale or transfer" means tne conveyance of Real Property or any
<br /> right, title or interest in the Real Property; whether legal, beneficiaf 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 ihan three (3) years, lease-option contract, or by sale, assignment, or transfier of any beneficial interest in
<br /> or to any land trust hol�ding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br /> Property�. However, this option shail not be exercised by Lender if such exercise is prohi�bited 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 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 sewer), fines and impositions levied against or on account ofi 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 /> shail maintain the Property�free of all liens having priority 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 othe�rwise 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 i�n 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 ari5es or, if a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of the filing, secure the discharge ofi the lien, or ifi requested by
<br /> Lender, depo�sit with Lender cash or a sufficient 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 foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcemeni against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond fiurnished 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 offi�cial to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against tfne Property.
<br /> Notice of ConstrucYion. TruStor shati notify Lender at ieast fifteen (15) days before any woric is commenced, any
<br /> services are fiurnished, or any materials are supplied to the Property, if any mechani�c's lien, materiaimen's fien, or
<br /> other lien could be asserted on account of the woek, services, or materials. Trustor will upon request ofi Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost ofi such
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