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201400517
<br /> DEED OF TRUST
<br /> Loan No: 8a2059459 (Cont�nued) Page 2
<br /> disclosed'Eo and acknowledged by Lender in writing, {a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property sha[I 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 5hall be conducted in compliance with
<br /> a1l applicable federal, state, and local laws, regu[ations and ordinances, including without €imitation al]
<br /> Environmental Laws. Trustor authorixes Lender and its agents to enter upon the Property to mafce such
<br /> i�spections and tests, at Trustor's expense, as Lender may deerrt apgrapriate to determine compliance of the
<br /> Property with this sectian of the deed of Trust. Any inspections ar '�ests made by Lender shall be #or �ender's
<br /> purpases only and shall not be construed to create any responsibility or [iability on the part of Lender to 7rustor or
<br /> to any other person. The representations and warranties contained [�erein are based on Trustor's due dsligence in
<br /> in�estigating the Property for i iazardous Substances. Trustor hereby (1) releases and waives any fuEure claims
<br /> against Lender for indemn9ty or contribution in the event Trustor becomes liable for cfeanup or other costs under
<br /> any suc[� laws; and {2) agrees to indemni€y, defend, and hold harmless Lender against any and all ciaims, losses,
<br /> liabi[ities, damages, penalties, and expenses which Lender may directly or indirectiy sustain or suffer resulting from
<br /> e breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release or threa#ened 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 ofi this section of the Deed of Trust,
<br /> including the obfigation to indemnify and defend, shall survive the payment of the Indebtedness and tF�e satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affiectec[ by Lender's acquisition of any interest
<br /> in#he Property, whether 6y foreclosure or otherwise.
<br /> IV�isance, Waste. Trustor shall not cause, conduct or permit any nuisance nor cammii, permi#, or sufter any
<br /> stripping of or waste an or to the Property or any portion of the Property. Without Gmiting the generality of the
<br /> foregoing, Trustor wil[ not remove, or grant to any other party the right to remove, any tirnber, minerals (inc[uding
<br /> oil and gas1, coal, clay, scoria, soi1,�gravel or rock products without Lender's prior written consent.
<br /> RemavaE vf lrt�provements. Trustar sFtal! not demolish pr remove any lmprovements from the Rea] Praperty without
<br /> Lender's prior written consent. As a condition to the removal of any [mprovements, Lender may require Trustor to
<br /> make arrangements satisfactory ta Lender to replace s�ch 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 Real Property at all
<br /> reasanahle times to artend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br /> compfiance with the terms and conditions of this Deed of 3rust.
<br /> Compiian�e witf� Governmental Requirements. Trustor shap promptly comply with all [aws, ordinances, and
<br /> regulations, now pr hereafter in effect, of al[ govemmental authorities applicable to the usa or occupancy of the
<br /> Property. Trustar may contest in good faith any such €aw, ordinance, or regulation and withhold compliance during
<br /> any proceeding, inc[uding appropriate appea[s, 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 Propert}r are not jeopardized. Lencfer may require
<br /> Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect l.ender's interest.
<br /> Duty to Protect. 3rustor agrees neither to abandon or leave unattended the Properry. Trustor shall do all other
<br /> acts, in addition to those a�ts set forth abo�e in this section, which from the character and use of the Property are
<br /> reasonably necessary to protect and preser�e t�e Property.
<br /> AUE ON SAlE-CONSENT BY LENDER. Lender may, aY Lender`s option, declare immedia'tely due and payable all sums
<br /> secured by this �eed of Trust upon the sale or transfer, without Lender's prior written cansent, of a€I ar any part of the
<br /> Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Praperty or any
<br /> right, titfe ar interest in tfie Real Property; whether legal, beneficial or equita6Ee; wf�ether vo€untary or in�oluntary; ,
<br /> whether fay o�tright sale, deed, installment sa]e cantract, land contract, contract for deed, leasehald interesi with a
<br /> term greaEer tf�an three {3] years, lease-option contract, or by sale, assignment;or trensfer of any beneficiai intesest in
<br /> or to any land trust holding title to the Real Property, or by any other methad of conveyance of an interest in the Real
<br /> Property. However, this option shall not be exercised by Lender ifi such exercise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The fo[lowing provisions relating to the taxes and ]iens on the Property are part of this Deed of
<br /> �frust:
<br /> Payment. Trustor shaEl pay when due fand in all events prior to delinquencyf all taxes, special taxes, assessments,
<br /> charges {gncluding water and sewer}, fines and imposiYions levied against ar on account of the Property, and shafl
<br /> pay when due all claims for work done on or fpr services rendered or materiaE furnished to the Property. Trustor
<br /> shall maintain the Property€ree of al] liens having priority over or equal to the interest of Lender under this Deed of
<br /> Trust, except for tha lien of Iaxes and assessments not due, except for the Existing 1nc[ebtedness reierred 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 clairr� in connection with a good faith
<br /> disp�te o�er the obligation to pay, so long as Lender's interest in the Property is not jeopardized. if a lien arises or
<br /> is fifed as a result of nonpayment, 7rustor shali within fifteen i151 days atter the lien arises or, if a lien is fii[ed,
<br /> within fifteen i151 days after Trustor has notice of the fPlir�g, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a su�ic'sent corporate surety bond or other security satisfactory to Lender in an
<br /> arnount sufficient to discharge the lien plus any costs and attorneys' fees, or other chargas that coe�ld accrue as a
<br /> result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itseff and Lender and shall satisfy
<br /> any adverse judgrr�ent before enforcement against the Propsrty. Trustor sha[I name Lender as an additional obligee
<br /> under any surety bond furnished in the contest praceedings.
<br /> E�idence of Payrrtent. �rustor shal] upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shal] authorize the apprapriate governmenta] official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construction. Trustor shalE noti�y Lendar at least fifteen [15a days before any work is commenced, any
<br /> services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen`s [isn, or
<br /> other lien cauld be asserted on account of the work, services, or materials. TrusYor wi[I upon request of Lender
<br /> furnish to Lender ad�ance assurances sat9sfactory to Lender that Trustor can and wilf pay tf�e cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The following prov9sions relat9ng to insuring ihe Property are a Part of this Deed of
<br /> Trust.
<br /> IU[aintenance of Insuranca. Trustor shall procure and maintain polic'ses of fire insurance with standard extended
<br /> coverage endorssrrtents on a replacement 6asis for the full insurable va[ue covering all [mpro�ements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> c[ause in�avor of Lender, together witf� such other hazard and [iability insurance as Lender may reasonab(y require.
<br /> Policies shall be written in form, amounts, caverages and basis reasonably accepta6[e to Lender and issued by a
<br /> company or companies reasonably acceptable ta Lender. Trustor, upon request of Lender, will deliver to �ender
<br /> from tirrte to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
<br /> caverages wil] not be cancelled or diminished wiFhou� at least tsn i10] days prior written notice to �ender. Each
<br /> insurance policy also shall include an endorsemen# pro�iding that caverage in favor of Lender will not be irr�paired
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