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201302663
<br /> DEED OF TRUST
<br /> (Continued} Page 2
<br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents t0 enter upon the Property to make such
<br /> inspections end 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 indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws;and (21 agrees to indemnify,defend,and hold harmless Lender against any and all claims,losses,
<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 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 /> 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 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 /> Retrieval Of Improvements. Trustor shall not demolish Or remove any Improvements from the Real Property without
<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 of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Reel 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 limitation,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 prior to doing so end so long as,in Lender's sole opinion,Lender's
<br /> interests In the Property are not ieopardized. 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 /> 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 /> DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,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 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 Reel Property; whether legal, beneficial 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 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 Property,or by any other method of conveyance of an interest in the Real
<br /> Property. If any Trustor is a corporation,partnership or limited liability company,transfer also includes any change in
<br /> ownership of more than twenty-five percent(25%)of the voting stock,partnership interests or limited liability company
<br /> interests,as the case may be,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 following provisions relating to the taxes and Ilene 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 end 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 of Lender under this Deed of
<br /> Trust, except for the lion of taxes and assessments not due and except as otherwise provided in this Dead of
<br /> Trust.
<br /> Right to Contest. Trustor may withheld 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 flied as a result of nonpayment, Trustor shall within fifteen 115)days after the lien arises or, if a lien is filed,
<br /> within fifteen(15)days after Trustor has notice of the filing,secure the discharge of the lien,or if requested by
<br /> Lander,deposit with Lander 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 forecloaure Or tale under the lien, in any contest,Trustor shall defend itself 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 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 /> Notice of Cvnatructlon. Trustor shall notify Lender at least fifteen(15)days before any work Is commenced,any
<br /> services are furnished,or any materials are supplied to the Property,if any mechanic's lien,meterialmen'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 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 fair value basis for the full 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 /> clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br /> coverage amounts as Lender may request with Trustee and Lander being named as additional insureds in such
<br /> liabil'rry insurance policies. Additionally,Trustor shell maintain such other insurance, including but not limited to
<br /> hazard,business interruption,and boiler insurance, as Lender may reasonably require. Policies shall be written in
<br /> form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br /> reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the
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