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' 201403362
<br /> DE�D OF T�U�T
<br /> (Conti'nu��d) Pa�e 2
<br /> Cnmpiiance With Environmentai Laws. Trustor represents and warrants to �ender that: ,(1} During the period of'
<br /> Trustar's ownership of the Property,there has;been no'use,generation, manufacture,storage, treatment,disposal,'
<br /> release or threatened'release'of any Hazardous Substarrce by any perst�n on, under, ab4ut o�from the Property;
<br /> {2) Trustor has no knowiedge of, or reason to believe'thaf there has been, except as previously,disclosed to and'
<br /> acknowledged by Lender i� writing, ' (a) any breach ar violation of any Environmentai Laws', (b) any use,
<br /> generation, manufacture, storage, treatment, disposal, 'release or threatened reiease of any kiazardous Substance'
<br /> on, under, about or ftom the'Property by any'prior owners or'occupants c�f the Aroperty, or (c) any actua! or
<br /> threatened litigation or claims of any kind by any persan telating to such matters; and (3) Except as preuiously'
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor'nor any tenant,eontractor,agent or othse'
<br /> �uthorized user of the Property shall use, generate, manufacture,store, treat, dispase of'br release any Hazartlous'
<br /> Substance on,under,,'about or from the Property; and (b) any sueh acti�ity shall'be eond'ucted in compliance with
<br /> all applicable federa{, state'; and Ipcal laws, regulafions and ordinances,,'including without limitation all'
<br /> Environmental Lauvs.' 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 appropriafe to dete�mine cQmpliance 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 /> purpases anfy and shall not be eonstrued tv create any,responsibility or lliability on the part of Lender to Trustor or'
<br /> to any other>person, ''Tne rep�ese�tatians and w�rranties contained herein are based on Trustor's due diligence in'
<br /> in�estigating the Property for Hazardous Substances. Trustor hereby (1) releases and wai�es any future claims'
<br /> against Lender for intlemnity or contribution in'the event Trustor becomes Iiable for cteanup or Qther casts under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless LenHer against any and aA elaims; losses„'
<br /> liabilities, damages, penalties,'and expenses which Le�der may directly or indirectiy sustain or suffer resulting frarn
<br /> a breach af fhis section of the Deetl tsf TrusT or as a�consequence of any use,generation, manufaeture,'storage,��'�
<br /> disposal, release or th�eatened release occurring prior to Trustor's awnership or interest in'the Property,whether or`
<br /> not fhe same was or shoufd''have 6een knQwn tc� 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'tndebtedness and the satisfaction`
<br /> and reconveyance of'the lien of this Deed of Trust and'sMall not'be affected by Lender's acquisition of any interest
<br /> in the Property,whether by fQ�eclQsure or otherwise.
<br /> Nuisance, Waste. Trustor shatl nat cause, conduct ar psrmit any nuisance rror commit, permit, or suffer any;,
<br /> stripping of or waste��'�on or to the Praperty or�''�any porfion of the Property. Without [imiting the�'generali�y 4f the�'�
<br /> foregning, Trustor will not remove, or'grant to>any other party the right'to remove, any timber, minerals(including'
<br /> oil and gas),'coai,clay,scoria;soil,gravel or rock products without Lender's prior written consent:'
<br /> Remoual of Impr4vements. Trustor shali not demoiish or remove any Improvements from the Real Property',without'
<br /> Le�dsr's prior writtsn consent. As a condition to the removal of any Improvements,Lender may require Trustor to'
<br /> make arrangements satisfactory to Lencier ta'replace'such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Rsght to Enter. Lender and Lender's,agents and representatives may erter upon the Real Praperty at all'
<br /> reasonable times to''attend ta Lender's interests and to inspecf the''Real Property for purposes af Trustor's'
<br /> eompliance with the terms and conditions of this Deed of i'rust.'
<br /> Compliance with Goveenmental Requirementsl Trustqr shall'prompNy ccamply with al! laws, lordinanees, and
<br /> regulations, now or hereafter in efFect, of all governmental authorities applicable to the''use or occupancy of the'
<br /> Property. Trustor may contest in good faith any such law, ardinance,orlregulation and withhc�id compliance tluring
<br /> any proceeding, including appropriate appeals, so Iong as Trusior has notified Lender in'writing prior to doing so'
<br /> and'�so long as, in Ler�der's&Q!e opinipn, Lende�'s interests in Ehe Peoperty are not jeopardized. Lender may eequire���
<br /> Trustor to post adequate security ar a surety bond, reasonably satisfactory to Lender,to protect Lender's interest. '
<br /> €3uty to Protect. Trustor agrees neither to abandon or leave unattended the Propsrty. ,Trustor shail do alI other'
<br /> acts; in addition to those acts'set forth above in this section,which feom the cha�acter and use of the Property are'
<br /> reasonably necessary,t4 protect and preserve#he Property.
<br /> DUE�N SALE-CONSENT BY LENDER. Lender may, at Lender's option,declare immedia#ely'due and payable lali sums
<br /> secured by this Deed of T�ust upon the sal�or transfer,withcaut Lender's prior wri#ten consent, of all or any part of the'
<br /> Real Property, or a�y interest in the Reaf !'roperty. >�A "saie``or transfee" means the cnnveyance af Real Property or any
<br /> right, title or inteeest in the Real Property; whether legal, beneficial or equitable; whether'valuntary Qr involunfary;,'
<br /> wh�ther'by outright sa1e,,'deed, installment sale contraet, land contract, contract for deed, Jeasehald interest with a
<br /> term greater than>three(3)years, lease-option contract, or by s�le,assignment, or transfer of any beneficial interest in'
<br /> or to any',land trust holding title to'the Real Property, or by'any oih�r method of conveyance of an interest in the Real
<br /> Property.' However, this'option shall not'be exereised 5y``Lender if such exercise is prohibited by federal law or by'
<br /> Nebraska law.
<br /> TAXES AND 11ENS. The'following prouisions relating to ihe taxes'and liens on the Property are part of this 'Deed of'
<br /> Teust:
<br /> Payment. Trustor shail pay when due'(and in all events prior to'delinquency)alI taxes,special taxes,assessments,
<br /> cha[ges {inciuding water and'sewer),fines and imposifions levied against or on account of the P�operty, and shall'
<br /> pay`when due alf ciaims for wark done on or for se�vices rendered or material furnished''to the Property.'Trustor
<br /> shalf maintain the Properky free of aA liens having peiority over ar equal to the interest of Lender und�;r this'Qeed af'
<br /> Trust, except for the lien of'taxes and assessments not due; except,'for the Existing``Indebtedness referred #o
<br /> below, and except as'otherwise provided in this Deed c�f 7rust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessment, ar claim in connection with a good faiYh'
<br /> dispute ovee��he abligation to�����,pay, so long as Lender's�interest in the Property is'�not jeopardized. '��ff a lien�r�ses or�����
<br /> is filed as a resuft of nonpayment, Trustor shall within fifteen (15} days aft�r the lien arises or,'if a lien'is filed„'
<br /> with'in fifteen (15j days after'Trustor'has notice of the filing, secure the discharge of the lien, or if requested by'
<br /> Lender,deposit with Lender 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 atf4eneys`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 itseff and Lender and shall satisfy,'
<br /> any adverse judgment before enforcement against the Rroperty.,'Trustor'shall name Lender as an additional obligee`
<br /> under any surety bond furnished in the'contest,proceedings,
<br /> Evidence oE Paymenf. Trustor shall upon d�mand furnish to Lender satisfactory evidence of payment of the taxe5'
<br /> or assessments and shaU authorize the appropriate governmental officiaf to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construction. Trustor sBalf natify Lender at least fifteen (15)days before any work is commenced, any'
<br /> services are furnished, or any'matedaJs are supplietl to the Properfy, if any mechanic's Ilen, maferiaimen's lien, ar'
<br /> other lien could be asserted on accaunt of the work, seruices,,'or mate�ials. TPustor will upon request of Lender'
<br /> furnish to Lender advance assurances satisfaetory to Lender'that Teustor can antl wiil pay tne cost of such'
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE! The following provisions refating to insuring tne Property are a part of this Deed of'
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shalf procure and 'maintain' policies'of fire insurance with sta�dard extended'
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