|
201401415
<br /> D�ED OF TRUST
<br /> Loan No: 123 {Confiinued] Page 2
<br /> PdSS�5510H ANI} MAIN7�NANCE OF THE PROPER"fY. Borrower and 7rustor agree that Borrower's and Trustor's
<br /> possession and use of the Property s[�al[ be govemecE by the following provisions:
<br /> Possession and Use. Until the occurrence of an Event of Defauft, Trustor may [1) remain in passession and
<br /> control of the Properry; {2} use, operate or manage the Property; and [3) col[ect the ftents from the Property.
<br /> Duty to flAaintain. Trustor shal� maintain the Property in tenantable conditian and pramp#ly perforrn all repairs,
<br /> replacerreents, and maintenance necessary to preserve its va[ue.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: {1) During The period of
<br /> 3rustor's ownership of tha Property,there has been no use, generation, manufacture, storage, treatment, disposal,
<br /> release or threatened release of any Hazardous 5ubstance by any person on, under, abaut or from the Property;
<br /> (21 Trustor has no know[edge of, ar reason #o believe that there has been, excepE as previously disclosed to and
<br /> acknowledged by Lender in writing, (a} any breach or �iolation of any En�iranmenta[ Laws, (b} any use,
<br /> generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupanis of the Property, or {c} any actual or
<br /> thres#ened fitigation or claims of any kind 6y any person relating Yo such matters; and (3} Except as previously
<br /> disciosed to and ac[cnowledged by Lender in writing, {a} neither Trustor nor any tenant, contractar, agent or ather
<br /> authorized �ser of the Property shall 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 shall be canducted in compl'sance with
<br /> al] app[icable federal, sta#e, and ]oca] laws, regulations and ordinances, induding without Eimitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agenxs to enter upon the Properly to ma[ce such
<br /> inspections and tests, afi Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> Properry 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 noY be constr�ted to create any responsibi[ity or liability on the part of Lender#o Trustor or
<br /> to any ot9�er person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investiqating the Property for Hazardous Substances. TrusYor hereL�y [1] releases and waives any fiuture daims
<br /> against L�nder for indemnity or contribution in the event Trustor 6ecomes liable for cleanup or other costs under
<br /> any such laws; and {2J agrees Fo indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> {iabilities, damages, penaE#iss, and expenses which Lender may direct]y or indirectEy sustain or suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a cansequence of any use, generation, manufac2ure, storage,
<br /> disposal, release or threatened release occurrsng prior to Trustor`s ownership os interest in the Property, whether or
<br /> not the same was or should have been [cnown to �"rustor. 3he provisions of this section ofi the �eed of Trust,
<br /> including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of Ehe lien of this Daed of Trust and shall not be affected by �ender's acquisition of any interest
<br /> in the Property, whether by fareclosure or otherwise.
<br /> [�[uisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor cammiI, permit, or suffer any
<br /> strippi�g of or waste on or to the Property or any portion of the Property. Without limiting the generali3y of the
<br /> foregoing, Trustor will not remo�e, or grant to any other party the right to remove, any tirnber, rninerals (incEuding
<br /> oil anct gas}, coal, clay, scoria,soil, grave] or rock products without Lender's prior written consent.
<br /> Remo�al of Irrzprovrements. Trustor shall not demo[ish or rernove any[mprovements from the Rea] Property without
<br /> Lender's prior writtan 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 wit[� Impro�ements of at least equal
<br /> value.
<br /> Lender's Right to Ertter. Lender and Lender's agents and representati�es may enter upon the Real Property at all
<br /> reasona69e times 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 Governmenta] Requiremants. Trustar shall prompYly corrtply with all [aws, ord'snances, and
<br /> regulations, now or hereafter in effect, of all gpvernrr�enta! aut[�orities applicable io the use ar occupancy ofi tf�e
<br /> Property, includ�ng without limitation, the Americans With Disabilities Act. Trustor may cantest in good faith any
<br /> such law, ordinance, or regulation and wiChhold compEiance during any proceeding, including appropriate appeals,
<br /> so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br /> bond, reasonably satisfactory ta Lender, to protect Lender"s interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or [eave unattended the Property. Trustor shall do all other
<br /> acts, in addition to those acts set forth above in th9s sectio�, which from the character and use of the Property are
<br /> reasanably necessary to protect and preserve the Property.
<br /> QUE ON SALE- CONSENT BY LENQER. Lender rr�ay, at �ender's optian, declare imrnediately due and payable a11 sums
<br /> secured 6y thos �eed of Trust upon the saie or transfer, without Lender's prior written consent, 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 Property or any
<br /> right, title or interest in the Reaf ProperCy; whether [egaf, beneficial or equitable; whether �o[untary or in�oluntary;
<br /> whe'ther by outright sale, deed, installment sale cantract, land contrect, contrac� for deed, leasehold interesE with a
<br /> term greater than three {3I years, lease-option cantract, or by sale, assignmant, or transfer of any beneficiaf interest in
<br /> or to any landl trust holding tiUe to the Rea[ Property, or by any other method of conveyance of an interest in the €ieal
<br /> Property. ]f 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%1 of the voting stack, partnership interests or lirr�ited liability company
<br /> interests, as the case may be, of such Tsustor. However, this option shall not foe exercised by Lender if such exercise
<br /> is prohibiied l�y federal law or by f�ebraska law.
<br /> 7AXES AND LIEI�S. The following provis9ons relating to the taxes and liens on the Praperty are part of this Deed of
<br /> Trust:
<br /> Payrnent. Trustar shal] pay when due {and in all events prior to c[elinquency} a[I taxes, special taxes, assessments,
<br /> ci�arges (including water and sewer), fines and impositions levied againsi or on account of the Property, and shafl
<br /> pay when due aIl c[aims for work done on or for services rendered or materia[ furnished to the Property. Trustor
<br /> shal[ maintain the Property free of a[I Gens having priprity over or equal to the interest of Lender under this €7eed of
<br /> Trust, except for the lien of taxes and assessments not due, except for the Existing lncfebtedness referred to
<br /> below, and excepE as otherwise provided in this Deed o�Trust.
<br /> Right to �Contes#. Trus#or may withhold payment of any tax, assessment, or claim in connection with a good faith
<br /> cfispute over the o6[igation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shafl within fiffeen {-[51 days after the lien arises or, if a lien is fiied,
<br /> within fifteen {�5} days afCer Trustor has notice of the filing, secure Fhe discharge o#the lien, or if requesEed 6y
<br /> Lender, deposit with l.ender cash or a sufficient corporate surety 6ond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien p[us any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a foreclosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and sha[I satisfy
<br /> any ad�erse judgment before enforcement against the Property. Trustor sha[I name Lender as an additional obligee
<br /> under any s�re'ty bond furnished in the contest proceedings.
<br /> ��idence of PaymaRt. Trusior shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authqrize the appropriate governmenta] otfiicial #o deliver to Lender at any time a written
<br />
|