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��14�3��9
<br /> DEED �F TRUST
<br /> ��ont�nued} Page �
<br /> Lend�r all �ndebtedness secured by this Deed of Trust as �t b�comes due, and Borrow�r and Trus�or sha�� strictly
<br /> perform all their respe�ti�e obligations under the Note, this D�ed of Trust, and the Related Do�uments.
<br /> P�55ESSl�N AND N[AfNTENANCE aF THE PRaPERTY. go�rvwer and Trustvr agree that Borrvwer's and Trustvr's
<br /> possession and us�vf the Praperty shall he go�erned by the following pro�isions:
<br /> Possessivn and lJse. Unti! the occurrence v# an E�ent vt Defauft, Trustor may ��� remain in possession and
<br /> contro! ❑f the Property; �2� use, operate or manage the Property; and �3� calle�t th� Rents from the Property.
<br /> Duty ta Maintain. Trustor shafl mainta�n the Property in tenantable conditivn and promptly perform all repairs,
<br /> replacements, and maintenance ne�essary t❑ preser�e i�s�a�ue.
<br /> Compliance 1Nith En�ironmen#al Laws. Trustor represents and warrants tv Lender that: (1� During the perivd vf
<br /> Trustor's ❑wnership of the Prvperty, there has been no use, generati�n, manufacture, storage, treatment, d�spvsal,
<br /> rsfease or threatened release of any Hazardous 5ubstance hy any person an, under, abaut or from the Property;
<br /> {�� Trustor has nv know��dge af, or reason to helie�e that th�r� has heen, ex�ept as pre�ivusly discf�sed to and
<br /> acknowiedg�d by Lender in writing, �af any breach or �ialation vf any En�ironmenta� Laws, �b� any us�,
<br /> generat�on, manufacture. storage, treatment, disposai. release vr threatened rel�ase of any Hazardous Substance
<br /> vn, under, about or fram the Property by any privr vwne�s ❑r occupants ❑f the Property, or �cf any actual �r
<br /> threa�ened litigation ar c�aims af any k�nd �y any persvn relating to such matters; and �3� Ex�ept as pre�ivus�y
<br /> disclosed to and ackn�wledged �y Lender in writing, ta� neither Trustor nor any tenant, cvntractor, agent or other
<br /> authoriz�d user of th� Property shall use. generate, manu#actur�, store, treat, dispose vf�r re�ease any Hazardous
<br /> 5u�stance vn, under. abvut vr fr�m the Pr�perty; and thf any such acti�ity shall be conducted in cvmp��ance with
<br /> all applicab�e federal, state, and local laws, regulatians and �rdinances, including without limitativn all
<br /> En�ironmentaf Laws. T�ustor authorizes Lender and its agents to enter upvn the Prvperty to make such
<br /> inspe�tions and tes#s, at Trustor's expense. as Lender may deem appropriate tv determine compliancs vf the
<br /> Property with this section �f the Deed of Trust. Any ins�ections or t�sts made by Lend�r shall be for Lender's
<br /> purposes ❑nly and shaf� nvt be construed t❑ crea�e any responsibility or liability on the part af Lend�r to TrustQr or
<br /> to any vther persvn. The representations and warranties �vntained herein are based on Trustar's due dilig�nce in
<br /> in�estigating ths Property fvr Hazardous Substances. Trustvr hereby t 1 f releases and wai�es any future cfaims
<br /> against Lender for indemnity ar cvntribution in the e�ent Trustor becvmes liabie for cleanup vr ❑ther costs under
<br /> any such �aws; and �2y agre�s t❑ tndemnify, defend, and hold harml�ss Lender against any and al! c�aims, Ivsses,
<br /> liabi�ities, damages, penalties, and expenses which L�nder may di�ectiy vr indirectfy sustain ar suffer resu�ting from
<br /> a breach o� this s�ction of the Deed ❑f Trust or as a cansequence a� any use, generation, manufacture, stvrage,
<br /> dispvsal, release or threatened release occurring prior t❑Trust�r's ownership�r interest in the Prvperty, whether or
<br /> n�t #he same was or should ha�e heen knvwn ta Trustvr, The pro�isians vf this section of the ❑e�d vf Trust,
<br /> including the obiigation to indemni�y and defend, shail sur�i�e the payment vf the Indebtedness and the satisfaction
<br /> and re�an�eyanGe of the �ien of this D�ed of Trust and shall nat be af�ected by Lender's acquisition af any interest
<br /> in the Prop�rty, whether by for�c[asure or otherwise.
<br /> Nuisan�e. Waste. Trustar shail no# cause, canduct vr permit any nuisance nar cvmmit, permit, or suffer any
<br /> strEpping ❑f or waste on or tv the Property or any portion o� the Prvperty. Without limiting the genera�ity vf the
<br /> foregoing, Trustar will nvt remo�e, vr grant�o any other party the right tv ��mo�e� any t�m�er, minerals �including
<br /> oil and gas�, coal, c�ay, scvria, soil. gra�ef vr rock products withaut Lender's priar written consent.
<br /> Remo�a!�#Imprv�emen#s. Trustor shalE not demolish or remv�e any Impro�ements from the Real Property without
<br /> Lender's prior written cans�nt. As a condition to the remo�a! ❑f any lmpro�ements, Lender may require Trustvr ta
<br /> make arrangements satisfactory to Lender to replace such Im�ra�ements with Impra�ements of at least equaf
<br /> �alue.
<br /> Lender's Right to En�er, Lender and Lender's agen�s and representati�es may enter up�n the Real Property at all
<br /> reasonable times ta attend t� Lender's int�rests and �❑ inspect the Real Praperty far purpases of Trus#or's
<br /> compiianc�with the terms and cond�tions of this Deed of T�ust.
<br /> Comp�iance with Go�ernmental Requiremen#s. Trustor shall prompt�y compiy with all [aws, ordinances, and
<br /> regulati�ns, now �r hereaft�r in effe�t, of all go�ernmental authvrities applicable to the use vr accupancy af the
<br /> Prvperty. including without fimitat�vn, th� Americans V11ith Disabilities Act. Trustor may cantest in gaod faith any
<br /> such iaw, ardinance, ar regulati�n and withhold cvmplian�e during any proceeding, including apprvpriate appeals,
<br /> s� long as T�ustor has notifFed Lender �n writing prior to doing s� and so �ang as, in L�nder's sale opinivn, Lender's
<br /> in�erests in the Property are not jevpardiz�d. Lender may require Trustor tv p�st adequate se�urity �r a sur�ty
<br /> hond, reasonably satisfactory to Lender, t❑ prot�ct Lender's int�rest.
<br /> Duty to Protect. Trustor agrees neither tv abandon vr lea�e unattended the Property. Trustvr shall d❑ all other
<br /> acts, in addition ta thvse acts set forth abo�e in this se�tion, which fram the character and use of the Property are
<br /> reasonably n�c�ssary t❑ prvtect and pres�r�e the Prvperty.
<br /> �UE �N SALE - CflNSENT BY LENDER. Lendsr may, at Lender's optivn� de�lare immediate�y due and payabi� alj sums
<br /> s�cured by this Deed vf Trust upvn the sale or transfer, withvut Lender's prior written consent, vf all or any part of the
<br /> Rea[ Property, or any interest �n the Real Property. A "sale or transfe�" means the con��yance of Rea! Property vr any
<br /> right, title or int�rest in the Real Pr�perty; whether fegal, benefi�ial or equitable; whether �oluntary ❑r in�aluntary;
<br /> whether by vutright saie, deed, installment sale cvntract, iand contract, cvntract for deed, leasehold interest with a
<br /> term greater than three �3} years, lease-apt�vn cvntract. ar by sale, assignment, or transfer o� any beneficial �nte�est in
<br /> vr to any Iand trust holding tit�e to the Real P�aperty, ❑r hy any other method �f con�eyance of an interest in the Real
<br /> Property. Hvwe�er, this option shall not be exercised by Lender if such exercise is prohEbited hy federa� law or by
<br /> Nebraska �aw.
<br /> TAXES AN❑ LIENS. The fvllowing pro�isions relating t❑ the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shal� pay when due �and in all e�ents prior t❑ delinquen�y� all taxes, specEai taxes, assessments,
<br /> charges �in�luding water and sewer}, fines and impositions �e�ied against or on account ❑f the Praperty, and shall
<br /> pay when due all claims for work done ❑n vr fvr ser�ices rendered vr material furnished to the Praperty. Trustor
<br /> shali maintain the Praperty free ❑f all liens ha�ing priority❑Wer vr equal ta the inter�st vf Lender under this ❑eed vt
<br /> Trust, except f�r the iien of taxes and assessments not due and except as atherwEse pro�ided in this aeed of
<br /> Trust.
<br /> Right tv Cvntest. Trustar may withhoid payment of any tax, assessment, ❑r c�a=m in cannectEvn with a good faith
<br /> dispute ❑�er the ohligation tv pay, so Iong as Lender's interest in the Praperty is not jeopardized. �f a lien arises ❑r
<br /> is filed as a result of nvnpayment, Trustar shall within fifteen �15� days after the lien arises or, if a lien is #il�d,
<br /> within f��tsen �15} days after Trustor has notice of the �iiing, secure the dis�harge ❑f the i�en, or if requested by
<br /> Lender, depasi�with Lender cash or a sufficient carporate surety band or vther security satisfactory to Lender in an
<br /> amount su�fEcient t❑ discharge the ��en plus any casts and attorneys' fees, or vther charges that cou�d a�crue as a
<br /> result vf a fare�lvsure vr sale under the lien. In any cvntest, Trustor shall defend itself and Lender and shai�satisfy
<br /> any ad�erse judgment bef�re enfvrc�ment against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> E�iden�e of Payment. T�ustor shall upon demand furnish tv Lender satisfactv�y e�idence of payment o#the taxes
<br /> or asssssments and shal� authvrize the appropriat� go�ernmenta� official tv deli�er to Lender at any time a writt�n
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