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201402379
<br /> DEED OF TRUST
<br /> Loan No: 872059589 (Continued) Page 2
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> autf�orized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br /> Substance or, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br /> al! applicable federal, state, and locaf lav�rs, regulations and ordinances, inciuding witnout limitation all
<br /> Environmenta! 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 dete�mine compliance of the
<br /> Property 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 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 war�anties 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 indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and (2} agrees to indemnify, defend, and hold harmless Lender against any and aii claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resuiting from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation; manufacture, storage,
<br /> disposal, release o�threatened release occurring prior to Trustor's ownership or interest in the Property, whethe�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 survive the payment of the indebtedness and the satisfactior�
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property, whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit 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 will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br /> oil and gas), coal, day,scoria,soil, gravei or rock products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall not demolish or remove any improvements from the Real Property without
<br /> Lender's prior written 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 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 ali
<br /> reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br /> compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Ttustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applicable to fhe use or occupancy of the
<br /> Property. Trustor may contest in good faith eny such law, ordinance, or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals, so long es Trustor has notified Lender in writing p�ior to doing so
<br /> and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty`to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br /> acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
<br /> reasonably necessary to protect and preserve the Pro.perty.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may, at Lender`s option, declare immediately due and payable a!I sums
<br /> secured by this Deed of'frust upon the sale or iransfer, witliout Lender's prior written consent, of all or any part of the
<br /> Real Property, or any interest in the Real Property. A `°sale or transfer" means the conveyance of rRea! Property or any
<br /> right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br /> or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br /> Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The foflowing 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 delinquency) alf fiaxes,special taxes, assessments,
<br /> charges (inciuding water and sewer;, fines and irnpositions levied against or on account of the Property, and shall
<br /> pay when due all claims for work done on or for services rendered or materiai #urnished to the Properiy. Trustor
<br /> shall maintain the Property free ofi all liens having priority over or equal to the interest of Lender under this Deeci of
<br /> Trust, except for the Vien of taxes and assessments not due, except for the Existing Indebtedness referred to
<br /> below, anci except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessment, or elaim 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 result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lende�cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attomeys'fees, or othe�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 shall satisfy
<br /> any ativerse judgment before enforcement against the Property. Trustor shall name Lender a§an additional obligee
<br /> unaler any surery bond furnished in the contest proceedings.
<br /> Ev7dence of Payment. Trustor shalB upon derr�and furnish to Lender satisfactory evidence af payment of the taxes
<br /> or assessments and shati authorize the appropriate governmental official to deliver to Lerader at any time a writter
<br /> statement of the taxes anci assessments against Ehe Property.
<br /> Notice of Construction. Trustor shall notify Lender at least fiiteen (15) days before any work is commenceci, any
<br /> services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lertder
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions�elating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance o# Insurance. Trustor shall procure and rraaintaira policies of fire insurance with standard eatende�
<br /> coverage endorsements on a replacement basis for the full irasurable value covering al9 irrrprovements on the Real
<br /> Property in an amount sufficient ta avoid application of any coinsurance clause, and vvith a standard mortgagee
<br /> clause in favor ofi Lender,together with sucfi other hazard and 9iability insurance as Lender rriay reasonably reruire.
<br /> Policies shall be written in form, amounts, coverages and basis reasonebfy acceptabYe io Lender and issued by a
<br /> company or companies reasonably acceptabie to Lendee: Trus#or, upon request of Lender, will deliver to Lender
<br /> from time to time the policies or certificates of insurance in'form satisfactory to Lender, inclutling stipulations that
<br /> coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
<br /> insurance policy also shall include an endorsement providing that coverage in favor of Lender wi11 not be impaired
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