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��14�3�1�
<br /> DEED DF TRUST
<br /> ��ont�nued� Page �
<br /> or campleti�n of any foreclosure a�tion, eith�r judicially vr by exerciss of a power of sale.
<br /> PAYNIENT AND PERF�RMANCE. Ex�ept as atherwise pro�ided in this ❑eed of Trust� Borrower and Trustvr shall pay tv
<br /> Lender all Indebtedness secured by this Deed of Trust as Et becomes due, and Barrower and Trustor shall strictly
<br /> perform all their respecti�e obligations under the Note, this Deed af Trust. and the Related Docum�nts,
<br /> POSSES5I�N AND MA�NTENANCE aF THE PROPERTY. Bo�rower and Trustor agree that Borrvwer's and Trustvr's
<br /> passessian and use o#th� Property shall be gv�erned by the follflwing pro�isions:
<br /> Possession and Use. Until the vccurren�e vf an E�ent of ❑�fau�t, Trust�r may �1� remain �n possession and
<br /> cvntrol ot the Property; ��� use, aperate�r manage the Property; and �3� col[e�t the Rents fram the Property.
<br /> Duty tv Maintain. Trustor shall maintain the Property in tenantable conditE�n and promptly perform all repairs,
<br /> replacements, and maint�nance ne��ssary to preser�e its Walue.
<br /> Compl�ance Vllith Environmental Laws. Trustvr r�presents and war�ants tv Lender#hat: t 1} During the periad vf
<br /> Trustor's awnership��the Property, there has been nfl use. generation, manufactur�, stvrage, treatment, disposal,
<br /> re�ease vr threatened r�lease of any Hazardous 5ubstance by any persvn on, undsr, about ar #�om the Prvperty;
<br /> ��� Trustor has no knawledge of, or reasvn tv helie�e �hat there has been, except as pre��vus�y disclased ta and
<br /> acknov►rledged by Lender in writing, �a} any breach or �ialation vf any En�ironm�nta� Laws, �b� any use,
<br /> generation, manufacture, stQrage, treatm�nt, disposaf, reiease ❑r threatened release ❑f any Hazardous 5ubstan�e
<br /> vn, under, about vr fram the Property by any prior owners or �ccupants of the Property, or �c} any actual or
<br /> threatened litigativn ❑r claims af any kind by any p�rson relating to such matters; and �3} Except as pr��ious{y
<br /> disclosed t� and a�knowledged by Lender�n writing, �af neither Trustor nor any tenant, contractar, agent or❑ther
<br /> authorized user vf the Property shall use, generate, manufacture, store, treat, dispose vf or re�ease any Hazardous
<br /> Substance❑n, under, a�out or from the Prvperty; and �by any such acti�ity shall be conducted in camplian�e with
<br /> al! applicable federal� stat�, and Ivcal 1aws, regulattans and ordinances, in�luding without limita#i�n a11
<br /> En�ironmental Laws. Trustor authorizes Lender and its agents t❑ enter up�n the Prvpsrty to mak� such
<br /> inspectivns and tes#s, a� Trustvr's expense, as Lender may deem appropriate tv determine compliance of the
<br /> Property with #his sectian vf the De�d of Trust. Any inspecti�ns ❑r tests made lay Lender shali he for Lender's
<br /> purposes on�y and shaEl not be construed t❑ create any responsibility or liability vn the part vf Lender to Trustvr ❑r
<br /> ta any o#her pers�n. The representations and warranties canta�ned her�tn are based ❑n Trustor's due diligence �n
<br /> in�estigating the Property far Hazard�us Substances. Trus#or hereby t 1 f releases and wai�es any #uture claims
<br /> against Lender fvr indemnity or contributivn in the e�ent Trustor becvm�s liable for c�eanup or other costs under
<br /> any such laws; and {2� agrees to indemnify, defend, and hold harmfess Lender against any and all claims, Ivsses,
<br /> liab�lities, damages, penalties� and expenses which Lender may direct�y or indirectiy sustain or suffer resulting from
<br /> a brea�h of this section v�th� Deed of Trust vr as a consequen�e vf any use, generation, manufacture� stvrage,
<br /> disposa�, release vr threatened release occurring prior to Trustor's ownership❑r interest in th� Property, whether or
<br /> nat the same was or should ha�s been known ta Trustor. Th� pro�isions of this section of the Deed of Trust,
<br /> inc�uding th�obligatian to indemnify and de�end, shall sur�i�e the payment af the Indebtedness and the satisfac�ivn
<br /> and recon�eyance vf the lien of this aeed vf Trust and shail not be affected hy Lender's acquisitivn vf any inter�st
<br /> in the Property, whether by fvre�losure or�therwise.
<br /> Nuisance, 1Naste, Trus#or shall not cause, conduct or permit any nuisance nvr commit, perm�t, or suffer any
<br /> stripping af ❑r waste on ar tv the Property ar any por#i�n vf the Property. Withvut limiting the general�ty of the
<br /> faregoing, Trustor wiil no# remo�e, vr grant to any v�her party the right t❑ remo�e, any timber, minerals �in��uding
<br /> o�� and gasf, cval, clay, scaria, soil, gra�el or ro�k praducts withnut Lender's prior written cansent.
<br /> Remo�al af�mpro►►emen#s. Trustar shall nat dem�lish ar rem��� any Impra�ements frvm the Reai Prvperty without
<br /> Lender's prior written cvnsent. As a cvnditian tv the remo�al vf any impro�em�nts, Lender may require Trustnr to
<br /> make arrangements satisfactory to Lender tv replace such lmpro�ements with lmpro�ements af at least equal
<br /> �alue.
<br /> Lender's Right to Enter. Lender and Lender's agents and rep�esentati�es may enter upon the Real Proper#y at all
<br /> reas�nable times to attend to Lender's interests and to inspect the Rea� Praperty for purpases vf Trustvr's
<br /> complianc� w�th the terms and �onditions vf this Deed vf Trust.
<br /> �vmpiiance wi#h Gv�ernmental Requirements. Trustvr shall promptly camply with all la►n►s, ❑rdinances, and
<br /> regulativns, now vr hereafter in e#fect. of all go�ernmentai authorities appiicable to the use or occupan�y of the
<br /> Property, including withvut limitatian, #he Americans With ❑isab�lities Act. Trustvr may cvntest En good faith any
<br /> such law, ordinance, or regulation and withhvld complian�e during any prv�eeding, including appropriate appeals,
<br /> so Iong as Trustvr has natified Lender in writing prior to doing sv and sv Iong as, �n Lender's s�le opinion, Lender's
<br /> interests in the Praperty are nat jeopardized. Lender may requir� Trust�r to pvst adequate security or a surety
<br /> bond, reasanably satisfactory to Lender, ta pratect Lender's interest.
<br /> [3uty to Protect. Trustor agtees neith�r t� abandvn ❑r �ea�e unattended the Prvp�rty. Trust�r shall do all vther
<br /> acts, in addition tv thvse acts set forth abv�� in this section, whi�h from the character and use�f the Prvpe�ty are
<br /> �easonably ne�essary tv prate�t and preser�e the Prvperty.
<br /> DUE�N SALE-C�NSENT BY LENDER. Lender may, a# Lender's op#ivn, declare immed�ate�y due and paya�ie a!� sums
<br /> secured by this aeed vf Trust upan the saie or transfer, withvu# Lender's p�io� written �vnsent, of a�� or any part of the
<br /> F�eal Property, ar any interest in the Real Prvperty. A "safe or transfer" means the con�eyance of Reaf Property❑r any
<br /> r�ght. titfe ❑r interest in the R�af P�operty; whether �egal, beneficial vr equitable; whether �vluntary ar in�oluntary;
<br /> whether �y vutright sale, deed, installment sale �vntract� land contract, contract for deed, �easehoEd interest with a
<br /> term greater than three �3f years� I�ase-option �vntract, ❑r by sale, assignment, or trans�er vf any beneficial interest in
<br /> vr to any �and trus� hvld�ng �itle to the Real Prop�rty, ar by any ather method o# con�eyance of an interest in the Real
<br /> Property, Howe�er, this vption shall not �e exercised hy Lender if such exercise is prohibited by federal law vr hy
<br /> Nebraska Caw.
<br /> TAXES AND LIENS. The folfowing pro�isions relating to the taxes and liens vn the Prvperty ar� part �f this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due {and in a[l e�ents privr tv delinqu�ncyy all taxes, spscia!taxes, assessments,
<br /> charges �including wate� and sewer�, fin�s and impasitions le�ied against or on acc�unt vf the Praperty, and shall
<br /> pay when due all claims for wvrk done on ar for ser�ices rendered ar material furnEshed ta th� Property. Trustor
<br /> shall maintain the Prvperty free vf all liens ha�ing privrity o�er or equal to the interes#of Lender under this Deed o#
<br /> Trust, except fvr the lien o� taxes and assessments not due and except as otherwise prv�ided in this ❑eed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhald paym�nt of any tax, assessment, or claim in cvnnection with a good faith
<br /> d�spute ❑�er the obl�ga�ion ta pay, sv Iong as Lender's interest in the Property is not jeopardized. I�a �ien arises or
<br /> is filed as a result of nonpayment, Trustor shafl wi#hin fifteen t 15y days after the lien arises �r, if a lien is filed,
<br /> within fifteen t15� days aft�r Trustor has notice vf the �i1�ng� se�ure the discharge of the iien, �r �� requested by
<br /> Lender, deposit with Lender�ash or a suf#icient corpora�e surety bond or vther se�urity satis�actory to Lender in an
<br /> amount sufficient to discharge the lien p�us any costs and attorneys' �ees, ar other charges that cvuld accrue as a
<br /> result❑f a fvreclosu�e ❑r sale under the lien. In any contest, Trustor sha�t defend itself and Lender and sha�l satisfy
<br /> any ad�ers�judgmen#hefore en�orcement against the Property. Trustor shall name Lender as an additianal ob�+gse
<br /> under any surety bond furnished in the contest proceedings.
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