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201400195
<br /> DEED �F TRUST
<br /> Loan No: 81004480 [Continued) Page 2
<br /> possession and use of ihe Property shall be gaverned by the fol[owing provisians:
<br /> Possession and Use. L1ntiE the occurrence af an Event of Default, Trustor may {'[} remain in possession and
<br /> control of the Praperty; f2) use, operate or manege the ProperY}r; and {3] collect the Rents from the Property.
<br /> Duty to N9aintain. Trustor shall maintain the Property in tenantable condition and promptly perforrrt all repairs,
<br /> replacements, and maintenance necessary to preserve its value.
<br /> Compfiance With Enviranmental Laws. 7rustor represents and warran#s to Lender that: {1} puring the period o€
<br /> Trustor'S ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposaf,
<br /> release or threatened release of any Hazardous SubsYance by any person an, under, about or from the Property;
<br /> {2] Trustor has no knowledge o#, or reason to be€ieve that there has been, excep# as previously disclosed to and
<br /> acknow[edged by Lender in writing, {a} any breach or violation of any Environmental Laws, {b} any use,
<br /> generation, manufacture, storage, treatrnent, disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or from Yhe Property by any prior owners or occupants of the Property, ar [c} any actual or
<br /> #hreatened litigation or ciaims of any kind by eny person relating to such matters; and (3) Except as previously
<br /> disclosed 7o and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, egent or other
<br /> authorized user of tE�e Psoperty shall use, generate, manufacYure, store, treat, dispose of or release any Fiazardous
<br /> Substance on, under, about or from the Property; and [b) any such activity shall be conducted in compliance with
<br /> all applicabfe federal, state, and local laws, regu[ations and ordinances, including without limitation all
<br /> Environmenta! Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests, aY Trustor's expense, as Lender may deerr� appropriate to determine compliance of the
<br /> Property w9th this sectian of the Deed of Trust. Any inspections or tests rrtade by Lender sha[I be for Lender's
<br /> purpases only and shalE not be construed to create any respansibility or [ia6ili#y on#he part of Lender to Trustar or
<br /> to any other persan. The representations anc! warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Suhstances. Trustor hereby (1] releases and waives any future clairns
<br /> against Lender fior indemnity or contribution in tha event Trustor �ecomes liable for c[eanup or other costs under
<br /> any such [aws; and {2] agsees to indemnify, defend, and hald harmless Lenc€er against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suifer resulting from
<br /> a hreach of this section of xhe Deed of 7rust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release or threatened release occearring 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 susvive the payment ofi the Indebtedness and the satisfaction
<br /> and reconveyance of the Eian of tE�is Deed of Trust and shall not be affected by Lender's acquisition of any interesY
<br /> in the Property, whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commst, permit, or suffer any
<br /> stripping of or was#e on or to the Properry or any portion of the Property. Withaut limiting the generality of the
<br /> foregoing, 7r�stor wiil not remove, or grant to any other part}r the right to remove, any timber, minerals iincluding
<br /> oil and gas1, coaE, clay, scoria, soi[, gravel or rock products without Lender's prior written consent.
<br /> Removal of Impro�ements. Trustor shall not demo]ish or remove any lmprovements from the Real Property without
<br /> Lender's prior written consent. As a condition to the removal of any [mprovements, Lender may require Trustor ta
<br /> make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br /> va[ue.
<br /> Lender's Right ta Errter. Lender and Lender's agents and representati�es may enter upon the Rea! Property at all
<br /> reasona6le tirr�es to attend to Lender's interests and to inspect the Rea] Property for purposes of Trustor's
<br /> - compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requiremenu. Trustor shal[ promptly cornply with all faws, ordinances, and
<br /> regu[ations, now or hereafter in effect, of all governmenta] authorities applicable to the use or occupancy of the
<br /> Property, including without IimitaEion, the Americans With Disabilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or regulation and withhold comp[iance during any proceed'sng, including appropriate appeals,
<br /> so long as Trustor has notified Lender 9n writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeapardized. Lender may require Trustor to post adequate securi'ry or a surety
<br /> bond, reasonab[y satis�actory to Lender,to protect Lender's interest.
<br /> duty to Pratect. Trustor agrees neither to abandon or feave unattended the Property. Trusior shall do all other
<br /> acts, in addition ta those acts set forth a6ove in tE�is section, which from t[�e 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 afl sums
<br /> secured by this �eed of Trust upon the sale or transfer, without lender's prior written consent, of afl or any part af the
<br /> Rea[ Property, or any interest in the Rea[ Prpperty. A "sa[e pr transfer" means#he conveyance of Real Prpperty or any
<br /> right, title or interest in the Real Property; whether fegal, beneficial or equitable; whether vo[untary or involuntary;
<br /> whe#her 6y outrigF�t sale, deed, instal[ment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three (3} years, Eease-option contract, or by sale, assignment, or trans#ar of any beneficiaf interest in
<br /> or to any land trust ho[ding title to tha Rea] Property, or by any other methoc[ ot convayance of an interest in the Real
<br /> Property. If any TrusEor is a corporation, partnership or [imited liability company, transfer also includes any change in
<br /> ownership of more than twenty-fi�e percent i25%I ofi the voting stock, parYnership interests or lirnited liability company
<br /> interests, as the case may be, of such Treastor. Howavar, this option shall not be exercised by Lender if sueh exercise
<br /> is prohibited b�,r federa! law or by f�ebraska law.
<br /> TAXES ANA Ll��[S. The folfowing 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 delinquer�cy} a[I taxes, special taxes, assessments,
<br /> charges {including water and sewer], fiines and imposifiions levied againsY or on account of the Property, anc[ shall
<br /> pay when due a[I claims for work done on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Properiy free of a[I liens having priority over or equal to the interest of Lender under this Deed of
<br /> Trust, except for tF�e lien of taxes and assessme�ts not due and except as otherwise provided in this Deed of
<br /> Trust.
<br /> Rigf�t ta Contest. l-rustor may withhold payment of any tax, assessment, or claim in conneciion with a good faith
<br /> dispute over the obligation to pay, so [ong as Lender's interest in the Property is not jeopardized. lf a lien arises or
<br /> is filed as a result ofi nonpayment, Trustor shafl wiIhin fifteen {15} days after tf�e ]ien arises or, if a lien is fiiled,
<br /> within fifteen {�[5} days after Trustor has notice af the fiGng, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount su�Ficient to d9scharge the lien plus any costs and attomeys' fees, ar other charges that could accrue as a
<br /> result of a foreclose�re or sale under the lien. In any conYesY,Trustor shal[defend itself and Lender and shall saYisfy
<br /> any adverse judgment before enforcement againsi the Property. Trustor shall name Lender as an addi4ional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> E�idence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of paymant of the taxes
<br /> or assessments and shaEl autE�orize the appropriate governmental official to deliver to Lender at any tirne a written
<br /> statement of the taxes and assessments against the Property.
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