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201211098
<br /> DEED OF TRUST
<br /> Loan No: 872058923 (COntinued) Page 2
<br /> authorized user of the Property shali 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 conductetl in compliance witfi
<br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation aII
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property Yo 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 ofi Trust. Any inspections or tests made by Lender shail be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the part ofi Lender to Trustor or
<br /> to any other person. The �epresentations and warranties contained herein are based on Trustor's due d�ligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (7) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other cosYs unde�
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, Iosses,
<br /> liabilities, 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, release or threatened release occurring prior to Trustor's ownersnip 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 /> including the obligation to indemnify antl defend,shall survive the payment of the Indebtedness and the satisfaction
<br /> and reeonveyance of the lien of this Deed of Trust and shall no'C 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 s:uffer any
<br /> stripping of or waste on or to the Pro�perty or any portion of the Property. Without limiting the generality of the
<br /> foregoing, Trustor will not remove, or grant to any otner party the right to remove, any timber, mi�nerals (including
<br /> oil and gas), coal, day, scoria, soil, gravel or rock products without LendeYs ptior written consent.
<br /> Removal of Improvernents. Trustor shall not demolish or remove any Improvements frorn the Real Property without
<br /> Lender's prior written consent�. As a condition to the removal of any ImprovemeMs,Lender may�require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Right to Entea Lender and Lender's agents and representatives may enter upon the Real Property at all
<br /> reasonable times to attend to Lender's inte�ests and to inspect ihe Real Property for purposes of Trustor's
<br /> compliance with tne terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements.. Trustor shall prompYly comply with aLl laws, ordinances, and
<br /> regulaiions, now or hereafter in effect, ofi all govemmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br /> and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopard�:ized. Lender may�equi�.re
<br /> Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon ot leave unattended the Property. Trustor shall do all other
<br /> acts, in addition.to those acts set forth above in this section, which fro.m the character 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 option, declare immediately due and payable all sums
<br /> secu�ed by this Deed of Trust upon the 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 Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contraci, 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 benefici�al interest i'n
<br /> or to any land trust holding title to the Real Property, or by any other method of conveyance of an inte�est in the Real
<br /> Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by
<br /> Nebraska law�.
<br /> TAXES AND LIENS. The follow�ing provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor snall 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 priority over or equal to the interest ofi Lender unde�this Deed ofi
<br /> Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to
<br /> below, and except as otherwise provided in this Deed of 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 Iong as Lender's iMerest in the Property is not jeopardized�_ If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall wiYhin fifteen (75) days after the Iien arises or, if a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of the filing, secure tne discharge of the lien, or if requested by
<br /> Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory ro 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 foredosure or sale under the lien. In any contest,Trustor shall defend itself and Lender a�d 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 o#Payment. Ttustor 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 w�itten
<br /> statement of the taxes and assessments against the Property.
<br /> NoYice of Construction. Trustor shall notify Lender at least fiifteen ("15) days befiote any work is commenced, any
<br /> services are furnished, or any materials are supplied to the Property, if any mechanic's Iien, materialmen's lien, or
<br /> other lien could be asserted 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 /> PROPERTY DAMAGE INSl1RANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the fu❑ insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> dause in favor ofi Lender,together with such other hazard and Iiability insurance as Lender may reasonably require.
<br /> Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lendet and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> from time to time the policies or certifi.cates of insurance in form satisfactory to Lender, including stipulations that
<br /> coverages will not be cancelled or diminished without at least ten ("I O) days prior written notice to Lender. Each
<br /> insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired
<br /> in any way by any act, om�ission or default of Trustor or any other person. Should the Real Property be located in
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