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201403958
<br /> DEED OF TRUST
<br /> Loan No: 872.059677 (Contl�lu�d) Page 2
<br /> Duty to 1Vlaintain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br /> replacements, and maintenance necessary to preserve iYs value.
<br /> Compliance With Enviro�mental Laws. Trustor represents and warra�ts to Lender that: {1} 7uring the period of
<br /> 7rustor`s ownership ot the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br /> release or threatened release of any Hazerdous Substance by any person on, under, about or from the Property;
<br /> (2} Trustor has no knowfedge of, or reason to believe that there has been, except as previously disclosed ta ancf
<br /> acknowledged by Lender in writing, Ia} any breach or violation of any Environmental Laws, {b} any use,
<br /> generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br /> on, unde�, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or ciaims of any kind by any person relating to sucf� matters; and [3) Except as previously
<br /> dis�losed to and acknowledged by LeRder in writing, ia) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or re[ease any Hazardous
<br /> 5ubstance on, under, aboui or from ihe Property; and ib) any such activity shal[ be conducted in compliartce with
<br /> all applicable federal, state, and local laws, regu[ations and ordinances, including without limitation a[I
<br /> Environmenta[ Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and Yests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this section of t�,e Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shal[ 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 warranties contained herein are based on 7rustor"s due diligence in
<br /> investigating the Property for Hazardous Substancas. Trustor hereby {1) re[eases and waives any future c[aims
<br /> against �ender �or indemnity or contribution in the everst Trustor becomes [iable for cleanup or other costs under
<br /> any such laws; and (21 agrees to indemnity, defend, and ho[d harmiess Lender against any and all claims, iosses,
<br /> ]iabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> ciisposal, release or threatened release occurring priar to Trustor's ownership or inCeresY in ihe Property, whether or
<br /> not the same was or should have been known to Trustor. The provisions of this section of the Deed of 7rust,
<br /> including the obligation to indemnify and defend, shall survive the pay�nent of the lndebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be a�FFected 6y Lersder's acquisition of any interest
<br /> in the Property, whether by fioreclosure or otherwise.
<br /> N�isance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, perrr�it, or suffer any
<br /> stripping of or waste on or to th� Property or any portion of the Property. Without limiting the generality of the
<br /> foregoing, Trustor wiil not remove, or grant to any other party the right to remove, any timber, minerals ;including
<br /> oil and gas}, coaE, clay, scoria, soi[, gra�el or rock products wit[�out Lender's prior written consent.
<br /> Remo�al of Improvements. Trustor sf�all not demolish or remove any Improvements from the Real Property withoui
<br /> Lender's }�rior writCen consent. As a condition to the remova[ of any Impro�ements, Lender may requsre Trustor to
<br /> rrtake arrangements satisfactory to Lender to replace such [mprovements with Improvements of at least equat
<br /> vafue.
<br /> Lender's Right to Enter. Lender and Lender's agents and represenYat'sves may enter �spon the Real Property at al[
<br /> reasonab[e times to attend to Lender's interests and to inspect the Real Property for purposes of 7rustor's
<br /> compliance with the'terms and eonditions of this Deed of Trust.
<br /> Compliance with Governmental Reqnire�nents. Trustor shall promptly comgly with al[ laws, ordinances, and
<br /> regu€ations, 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 sucE� [aw, ordinance, or regulation and withhold compliance during
<br /> any proceecfing, including appropriate appea[s, so long as Trustor has notified Lender in writing prior 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 /> Trus'tor to post adequate 5ecurity or a surety bond, reasonabfy sat'ssfactory to Lender, to protect Lender's interest.
<br /> Qaty to Protect. Trustor agrees neither to a6andon or leave unattended the Property. Trustor shal[ do all otf�er
<br /> acts, in addition to those acts set forth abo�e in this section, which from the character and use of the Proparty are
<br /> reasona�ly necessary to protect and preserve the Property.
<br /> DUE 4N SALE-CONSENT BY LENDEFi. Lender may, at Lender's option, declare imrrsediately due and payable all sums
<br /> secured by this Deed of 3'rust upon the sale or transfer, without Lender's prior written consent, of al] or any part of the
<br /> Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Reat Property or any
<br /> right, title or interest in the Real Property; whether legal, beneficial or equit8ble; whether volunt8ry or involuntary;
<br /> whether by o�utright sale, dsed, installment sale contract, land contract, contract €or deed, leasehold interest with a
<br /> term greater�han three (3} years, lease-option contract, or by sale, assignment, or transfer of any beneficial inxerest in
<br /> or#o any ]and trust holding title to the Real Property, or by any ather method of conveyance of an interest in the Real
<br /> ?roperty. However, this option shal] not be exercised by Lender if such exercise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trusmr shall pay when due (and in all events prior to de[inquencyl al!taxes, special taxes, assessments,
<br /> charges iincluding waFer and sewerl, f'snes and impositions le�ied against or on account of the Progerty, and shall
<br /> pay when due all claims for work done on or for serviCes rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens having priarity aver or equal to the interest of Lender under th'ss Deed of
<br /> Trust, except for the lien of taxes anc[ assessments not due, except for the Existing Inde6tedness rafarred to
<br /> below, and except as otherwise provided in this Deed of Trust.
<br /> Right to Cantest. 7rustor may withhold payrrtent of any tax, assessment, or claim in connection with a good faith
<br /> dispute over the obligation ta pay, so long as Lender`s interest in t[�e Property is not jeopardized. If a Iisn arises or
<br /> is filed as a resu[t of nonpayment, Trustor shal[ within fifteen {15} days after the lien arises ar, if a lien is filed,
<br /> within fifteen (75} days after Trustor has notice of the filing, secure tE�e discharge of the lien, or if requested by
<br /> Lender, de�osit with Lender cash or a sufticient corporate sure'ry bond ar other security sat'ssfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys' fees, or other c[�arges that could accrue as a
<br /> result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lersder and shalE satisiy
<br /> any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety hond turnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shal[ upon demand furnish to Lender satisfactory e�idence of payment of the taxes
<br /> or assessments and shal[ authorize the appropriate governmental officia[ to deliver ta Ler�der at any time a written
<br /> sFatement of the taxes and assessments against the Property.
<br /> Notice of Construc#ian. Trustor shal[ noYify Lender at ]east fifteen {15) days before any work is corrsmenced, any
<br /> ser�ices are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other liec� could be asserted on account of the work, services, or materials. Trustor wilf upon request of Lender
<br /> furnish to Lender advanCe assurances satisfactory to Lender that Trustor can and wsll pay the eost of such
<br /> improvements.
<br /> PRQPERTY DAMAGE [I�SIERANC�. The fol[owing provisions relating to insuring the Property are a part of this �eed of
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