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201401177
<br /> DEED OF TRUST
<br /> Loan No: 8q00495'i (Continued] Page 2
<br /> ar completion of any foreclosure action, either 3udicially or by exercise of a power of sale. '
<br /> PAYMENT AIVb PEFtFORMANCE. Except as otherwise provided in this Deed of Trust, Sorrower and Trustor shall pay to
<br /> Lender all lndebtedness secured by this Deed af Trust as it becomes due, and Borrower and Trustor shall strictly
<br /> pesform all their respective obligations under the Note, this Deed of Trust, and the Re[ated Documents.
<br /> POSS@SSEON AND MAINTENAHCE OF 7HE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br /> possession and use of the Praperty shall 6e govemed by the fo[lawing provisions:
<br /> Possession and Use. Until the occurrence of an Event of Default, �rustor may i1) remain in possession and
<br /> controE of the Property; (2} use, operate or manage the Property; and (3} col[ect the Rents irram the Property.
<br /> �uty to Maintain. Trus#or shall maintain ihe Property in tenantable condition and promptly perForm all repairs,
<br /> replacements, and maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represents and wasrants to Lender that: (1) Quring the period of
<br /> Trustor's ownership of the Property, there has been no use, generation, menufacture, storage, treatment, disposal,
<br /> release or threatened release o# any Hazardous Substance by any person on, under, abaut or from the Property;
<br /> {2) Trustor has no knowledge of, ar reason to believe �hat there has been, excepY as previously disclosed to and
<br /> acknowledged by Lender in writing, ie) any breach or violation of any En�ironmenta[ Laws, {b) any use,
<br /> generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardaus Su6s#ance
<br /> on, under, about or from the Property by any prior owners or occupan#s of the Property, or {cl any actual or
<br /> #hreatened litigation or c]aims of any kind by any person re[ating to such matters; and {3} Except as previously
<br /> disclosed to and acknowledged by Lender in writing, {a] neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property shall use, gsnerate, manufacture, store, treat, dispose af or release any Hazardous
<br /> 5ubstance on, under, about or from the Property, and fb] any such activity shall be conducted in compliance with
<br /> aEl applicable federal, state, and local laws, regulations and ordinances, including without ]imitation all
<br /> �nvironmental 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 determine compliance of the
<br /> Property with this section of the Deed of 7rust 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 indemn"s#y or cantributian in the event Trustor becomes liable for c[eanup ar other costs under
<br /> any such laws; and {2} agrees to indemniiy, defend, and ho[d harmless Lender against any and all claims, losses,
<br /> liabi[ities, 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 /> d'ssposal, release or tf�reatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br /> not the same was or shou[d have been known to Trustor. The provisions of this section of the �eed of �rust,
<br /> inc[uding the obligation to indemnify and defend, s�al[survive the payment of the Sndebtedness and the satisfaction
<br /> and recon�eyance of the I'sen af this Deed of Trust and shall not he a�fected by Lender's acquisition of any interest
<br /> in the Property, whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor sha[I not cause, conduct or perrnit 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 wil! not remove, or grant to any other parCy the right to remove, any timber, mineraEs (including
<br /> oil and gasj, coal, clay, scoria,soil, gravel or rock products without Lender's prior written consent.
<br /> RerrtovaE of Improverrtenis. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Landes's prior written consent. As a condition to the remova[of any lmpravements, Lender may require Trustor to
<br /> make arrangements satisfacxory to Lender to rep[ace such lmprovements with Improvements of at least equal
<br /> value.
<br /> lender's Right to Enter. Lender and Lender's agents and representatives may enter upo� the Real Property ai all
<br /> reasonabie times to attend to Lender's interests and to inspeci the Real Aroperty for purposes of 3rustor's
<br /> compfiance with the terrns and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requiremen#s. Trustor shall promptly comply with all laws, ordinances, and
<br /> reg�lations, �ow ar hereafter in effect, of al1 governmental authorities applicable to the use or occupancy of the
<br /> Property, including without Gmitation, the Americans With Disabilities Act. Tr�[star may contest in good faith any
<br /> such law, ordi�ance, or regulation and withhold compliance during any proceeding, including appropriate appea[s,
<br /> so long as Trustor i�as �otified Lender in writing prior ta cloing so and sa long as, in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Ler�der may require Trustor to post adequate security or a surety
<br /> bond, reasonably satisfactary to Lender, to protect Lender's interest.
<br /> Duty to Proteet. Trustor agrees neither to abandon or lea�e unattended the Property. Trustor shall do all other
<br /> acts, in addition to those acis set forth above in Ehis section, which fram the character and use of the Aroperty are
<br /> reasonably necessary to protect and pseserve the Property.
<br /> 17UE ON SALE- CONSENT BY LENDER. Lender may, at Lender's option, declare immediateEy due and payab[e all sums
<br /> secured by this Deed af 7rust upon the sale or transfer, without Lender's prior written consent, af all or any part of the
<br /> Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Rea] Property or any
<br /> right, title or interest in the Rea1 Property; whether lega[, baneficia] or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, irtstallmeni sale contract, ]and contract, contract for deed, {easehold inierest with a
<br /> term greater than three {3p years, lease-option cantract, or by sale, assignment, or transfer of any bena€icial interest in ,
<br /> or to any Esnd trust holding title to the Rea[ Property, ar by any otE�er method of conveyance of an intarest in the Rea[
<br /> Property. Howe�er, this opYion shall not be exercised by Lender if such exercise is prohibited 6y federal iaw or by
<br /> Nebraslca law.
<br /> TAXES AND Ll�hlS. The following provisions relating #o the taxes and liens on the Praperty are part of this Deed of
<br /> Trust:
<br /> Paymerrt. 7rustor shall pay when due {and in all events prior to delinquency} all taxes, speciai 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 a!I c[aims for work done on or for services rendered or material furnished to the ProperCy. Trustor
<br /> shal[ maintain the Property free of a[I liens having priority over or equa] to the interest of Lender under this Deed of
<br /> Trust, except for the lier� of taxes and assessments not due and except as otherwise provided in this �eed of
<br /> 7rust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessrnent, 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 filed as a resu[t of nonpayment, Trustor shafl within fifteen f'[5} days after the lien arises or, if a lien is filed,
<br /> within fifteen i15a days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lendsr, deposit with Lender cash or a sufficient corporate surety bond or other security saxisfactory to Lender in an
<br /> amount sufficient to discharge the lien pEus any costs and attorneys' fees, or other charges that could accrue as a
<br /> resu[t of a foreclosure ar sale under the lien. In any contest,Trustor shal] defend itself and Lender and shall satisfy
<br /> any ad�erse�udgment before enforcerreent against#he Property. Trustor sha[I name Lender as an additiona! obligee
<br /> under any surety bond furnished in the contast praceedings.
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