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201400238
<br /> DEED OF TRUST
<br /> Loan No: 81U04638 (Confi�UBd} Page 2
<br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may f7} remain in possessian and
<br /> co�tro[of the Property; (2} use,operate or manage the Property; and (3} ca[lect the Rents from the Property.
<br /> Duty to Main4ain. Trustor shall maintain the Property in tenantable condition and promptly perforrr� all repairs,
<br /> replacements, and maintenance necessary to preserve its value.
<br /> Compliance With Environme�tal �,aws. Trustor represents and warrants to Lender that: (7? During the period o€
<br /> Trustor's ownership of the Property, there has been no use, generation, manufacture,storage, treatment, disposal,
<br /> release or threatened release of any Haaardous Substance 6y any person on, under, about or from the Property;
<br /> f2} Trustor has no knowledge of, or reason to believe that there has been, except as previous[y disclosed to and
<br /> acknowledged by Lender in writing, {a} any breach or vialation of any Environmental Laws, {b} any use,
<br /> generation, manufacture, storage, ireatment, disposaE, reEease or threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or oceupants o# the Property, or (c1 any actual or
<br /> threatened ]itigation or claims of any kind by any person relating to such matters; and (3} Except as previously
<br /> discfosed to and acknowledged by Lender in writing, (a} neither 3rustor nar any tenant, contractor, agent or other
<br /> authorized user of the Property shal] use, generate, manufacture, stare, treat, dispose o#or re[ease any Hazardous
<br /> Substance on, uncEer, about or from the Property; arsd {b} any such activity shall be conducted in campliance with
<br /> all app[icabla federa[, state, and ]ocal [aws, regulations and ordinances, including witFtaut 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 de#ermine compliance of the
<br /> Property with this section of the Deed of Trus#. Any inspections or tesis made by Lender shall be for l.ender's
<br /> purposes only and shafl 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 conEained herein are based on Trustor's d�e diligence in
<br /> investigating the Property €or Hazardous Substances. Trustor hereby ;1) releases and waives any fu#ure claims
<br /> against Lender for indemnity or contribution in the e�ent Trustor becomes Eiable for c€eanup or other costs under
<br /> any such laws; and (2} agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, panalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this section of the Deed of Trust ar as a consequence of any use, generation, manufacTure, storage,
<br /> disposaf, re€ease or threatened refease occurring prior to Trustor's ownership or interes#in the Property, whether or
<br /> not Yhe same was or s[�ou[d have been known to 7rustor. 7he pro�isions of this section of the Deed o'F Trust,
<br /> inc[uding the obligation to indemnify and defend, shal[survive the payment of the Indebtedness and the satisfaction
<br /> and recori�eyance of the lien af this Deed of Trust and shall not be a{fie�ted by Lender's acquisi#ion of any interesY
<br /> in the Property, whether by forec[osure os otherwise.
<br /> Nuisance, Waste. l-rusior shall nat cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Praperty or any portion of the Praperty. Without limiting the genera[ity of the
<br /> foregoing, Trustor wilE not remave, or grant to any other party the right to remove, any timber, minerals [i�cluding
<br /> oil and gasj, coal, clay, scoria,sail, gra�el or rock products without Lender's prior written consent.
<br /> Remova[ofi]mprovements. Trustor shall not demolish or remove any Emprovements from the Real Property without
<br /> Lender's prior written consent. As a condition to the removal of any Improverrzents, Lender may require Trustor to
<br /> maice arrangements satisfactory to Lender to replacs such Improvements with Improvements of at Eeast equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representaYives may enter upon the Real Property at all
<br /> reasona6fe times to attend to Lender's inYerests and to inspect the ReaE Property for purposes of Trustor's
<br /> oompliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Gov+ernmental Requirements. Trustar shal[ promptly comply with all laws, ordinances, and
<br /> regu]aYions, now or [�ereafter in effect, of a[I governmenta! authorities applicable to the use or occupancy ot the
<br /> Property, incEuding 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 Trustpr has notified Lender in writing prior to doing so ar�d so long as, in �ender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequaYe security or a surety
<br /> bond, reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Du�yr to Protect. Trustor agrees neither ta abandon or €eave unattended tF�a Property. Trustor shalE do a[I other
<br /> � acts, in addition to those acts set forth above in this sectipn, which frpm the character and use of the Property are
<br /> reasonably necessary to protect and preserve the Property. ,
<br /> DUE pN SA��-CONSENT BY LENQER. Lender may, at Lender's option, declare immediate[y due and payable alE sums
<br /> secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, o€ alE or any part of the
<br /> Rea] Proparty, or any interest in the Rea[ Property. A "sale or transfer" means the conveyance of Rea[ Properry or any
<br /> right, title or interest in the Real Property; whether [ega[, beneficia] or equitable; whether �oluntary or involuntary;
<br /> wheTher 6y outright sale, deed, instal[ment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three (3} y�ars, Eease�option contract, or by sale, assignment, or transfer of any beneficial interest 9n
<br /> or to any ]and Crust holding iitle to the Rea! Progerty, or by any other method af conveyance of an interest in the Real
<br /> Property. If any Trustor is a corporation, partnership or limited liability company, transfer aEso includes any change in
<br /> ownership of more than twenty-five percent i25%a of xhe voting stock, partnership interests or iimiYed IiabiGty company
<br /> interesis, as the case may be, of such Trustor. However, this opiion sf�al[ not be exercised by Lender if such exercise
<br /> is prohsbited by federa] law or by Nebraska law_
<br /> TAXES AND LIEkVS. The following provis9ons 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 pr9or to delinquency) all taxes, special taxes, assessments,
<br /> charges (includ'sng water and sewerJ, fines and impositions levied against or on account of the Property, and shall
<br /> pay when due all c[aims for work done on or for services rendered or material furnished to the I'roperty. Trvstor
<br /> shall maintain the ProperYy free of a[I liens having priority over or equa[Yo the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of
<br /> Trust.
<br /> Right to Contes#. Trustor may witi�hold payment of any tax, assessment, or c[aim in connection wit[� a good faith
<br /> dispute over the ob[igation to pay, so fong as Lender's interest in the Property is not jeopardized. lf a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fi€teen (15] days after the lien arises or, if a lien is €iEed,
<br /> within fifCeen [t51 days after Trustor has noYice af the filing, sec�re the discharge of the lien, or if requesEed by
<br /> Lender, deposit with Lender cash or a sufficien#corporate surety bond or ot[�er 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 foredosure or sale under the lien. In any contest, Trustor sha[I de#and itself and Lender and sha[I sa#isfy
<br /> any ad�erse judgment before enforcement against the Property. Trustor shall name Lender as an additionai obligee
<br /> under any sur�ty bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand fumis[� to Lender satisfactory evidence of payrnent of the taxes
<br /> or assessments and shail authorize the appropriate go�ernmental official to deliver to Lender at any time a written
<br /> sEaEemeni of the taxes and assessments against t[�e Property.
<br /> Notice of CoRstruction. 7rustor shafl notify Lender at least fifteen ;15) days before any work is cammenced, any
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