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201403955
<br /> D��D OF TRUST
<br /> Loan No: 333051757 (Con�inued) Page 2
<br /> Duty to Mairrtain. Trustor shall maintain the Property in good condit'son and pramptly perform all repairs,
<br /> replacements, and maintenance necessary to preserve its vafue.
<br /> Comp[iance With En�ironmentaf Laws. Trustor represents ar�d warrants to Lender That: {Z} During the period of
<br /> Trusior's ownership of the ProperYy,there has been no use, generation, manufacture, storage, treatment, disposal,
<br /> release or threatened release of any Hazardous Substance by any person on, under, a6out or from the Property;
<br /> {2] Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br /> acknowledged by Lender in writing, {a} any breach or violation of any Environmental Laws, {b) any use,
<br /> generation, manufacture, storage, treatment, disposaf, release or threatened release of any Hazardous Substance
<br /> on, under, abouF or from Ehe Property by any prior owners or occupants of the Property, or [c] any actual or
<br /> threatened litigation or claims of any kind by any person relating #o such matters; and i3} Except as previously
<br /> disclosed io and acknowledged by Lender in writing, {a) neither Trustor nor any tenant, contractor, agent ar other
<br /> authorized user of the Property shalE use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br /> Subs#ance on, under, about or from the Property; and {b} any such activity shaSl be conducted in compliance with
<br /> a[I applicable federal, state, and loca[ laws, regulatio�s and ordi�ances, including withouY IimitaYion all
<br /> En�ironmental 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 apprapriate to determine compliance of the
<br /> Property with this sectian of the Qeed of Trust. Any inspections or tests made by Lendes sha[I be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the par[of Lender to Trusior ar
<br /> to any otiler person. �he representatians and warranties con#ained herein are based on �["rustor"s due di[igence in
<br /> investigating zhe Propercy fior Hazardous Substances. Trustar hereby {1? releases and waives any future claims
<br /> against Lender for indemnity or cantribution in the event Trustor becomes liable for cfeanup or other costs under
<br /> any such ]aws; anc€ {2} agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lendar may direct[y or indirect[y sustain or su�fer resulting #rom
<br /> a breach of this section of the Deed of Trust or as a consequence af any use, ger�eratian, manufacture, starage,
<br /> disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br /> not the same was or should have been known #o Trustor. The provisions of tE�is section of the Deed of �rust,
<br /> inoluding the obligation to indemnify and defend, shall survive the payment af the Indebtedness and tha satisfaction
<br /> and recanveyance of the lien pf this Deed of Trust and shall nat 6e affected by Lender"s acquisition of any interest
<br /> in the Property, whether by foreciosure or otherwise.
<br /> Nuisance. Was#e. Trustor shafl not cause, cond�ct or permit any rzuisance nor commit, permit, ar suffer any
<br /> stripping of or waste an or ta the Property or any porTion of the Property. Without limiting the general'sty af the
<br /> foregoing, Trustor will not remove, or grant to any other party ihe righY to remove, any tirrzber, rrEinerals {including
<br /> oil and gas}, coal, clay, scoria, soil, gravel or sock prod�cts without Lender's prior written consen#.
<br /> Rerzto�al�pf Imprpvements. Trustor shall not demolish or remove any Improvernents firosn 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 /> rr�ake arrangements satisfactory to Lender to replace such Improvements with ]rr�pravements of at least equal
<br /> �aEue.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upan the Reai Property at ap
<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 canditions of this �eed of Trust.
<br /> Complianee with Go�ernmenta[ Raqeairemerrts. Trustos shall promptly comply with all laws, ord'snances, and
<br /> regu[ations, now or herea�ter in efifect, ofi al[ govemmental authorities appficable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such]aw, ordinance, or regulation and withhold compliar�ce during
<br /> any proceeding, including appropriate appeafs, so long as Trustor has notified Lender in writing prior to doir�g so
<br /> and so long as, in Lender's sole opinion, Lender"s interests in the Property are not jeopardized. Lender may sequire
<br /> Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Qu#y 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 fiorth abo�e in this section, which fram the charactar and use af the Property are
<br /> reasonabfy necessary to protect and preserve tt�s Propercy.
<br /> Co�str�cRion Loan. If some ar all of the groceeds of the loan creating the Indebtedness are to 6e used to construct
<br /> or complete construction of any Improvements on the Property, the Improvements shall be completed no later than
<br /> 'the maturity date of the [�ote (or such earlier date as Lender may reasonably establish} and Trusior s[�ali pay in full
<br /> all casts and expenses in connection with the work. Lender will disburse loan proceeds under such terms and
<br /> conditions as Lenc[er rnay deem reasonab[y necessary to insure thaY the interest created 6y this aeed of Trust shall
<br /> have priority pver a[I possible liens, including those pf materia[suppliers and workmen. Lender may require, among
<br /> other things, that disbursement requests be supported f�y receipted bills, expense affidavits, waivers of liens,
<br /> constsuction progress reparFs, and such ather documentation as Lender may reasonably request.
<br /> �UE ON SALE-CONSENT BY LENDER. Lender may, at lender's option, declare immediately due and payable al[ sums
<br /> secured by this Deed of Trust upon the sale or transfier, without Lender's prior written consant, of a[I or any part of the
<br /> ReaE Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property ar any
<br /> right, title or interest in the Real Property; wheYher legal, 6eneficia] or equitable; whether vo[untary or involuntary;
<br /> whether by o�utr�ght sale, deed, installment sale contract, [and contract, contract for deed, leasehold interest with a
<br /> term greater than three (3) years, lease-option contract, or 6y sale, assignmenY, or transfer of any beneficia] inYerest in
<br /> or to any land trust hotd'sng tiFle ia 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 Ef such exercise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND 1L1Et�S. The following provisions relating ta the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due iand in alf e�ents prior to delinquency) sll taxes, specia]taxes, assessments,
<br /> charges Iincluding water and sewerh, fines and impositions [evied against or on account of#he Property, and sha€I
<br /> pay when due a!I claims for work done an or for services rendered ar material furnished to the Property. Trustor
<br /> shall maintain the Praperty free of all liens having priori'Cy over or equal to the interest of Lender under this Deed of
<br /> Trust, except for tha [ien of taxes and assessments not due and except as otherwise provided in this Deed of
<br /> Trust.
<br /> RigC�t to Contest. Trustor may .withhold payrttent of any tax, assessment, ar claim in connection with a good faith
<br /> dispute over the obiigation to pay, so long as Lender`s interest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a resuli of nonpayment, Trustor shal€ within fifteen {15) days after the [ien arises or, i�F a lien is filed,
<br /> within fifteen ('E 51 days after Trustor has notice of the filing, secure the discharge of the fien, 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 attorneys' fees, or other charges that could accrue as a
<br /> result o€a foreclasure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy
<br /> any ad�erse judgment 6efore enforcement against the Proper�y. Trustor shal! name Lender as sn additional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental official to deliver Eo Lender at any time a written
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