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201404008
<br /> D�ED OF TRUST
<br /> Loar� No: 8�2059669 (Continued) Page 2
<br /> disc[osed to and acknowfedged by Lender in writirog, 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 release any Hazardous
<br /> Substance on, under, about or from the Property; and {b} any such activity shafl be conducted in com�liance with
<br /> ali appficable federa[, state, and loca] laws, regulations and ordinances, including without fimitation all
<br /> EnvironmenYal �aws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspactians and tests, at Trustor's expense, as Lencfer may deem appropriate 'to determine compliance af the
<br /> Property �Nith this section of the Deed of Trust. Any inspectio�s or tests made by Lender shall he fior Lender's
<br /> purposes only and shafl not be construect to create any responsibi[ity or liability on the part of Lender Yo Trustor or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigatong the Property for Hazardaus Substances. Trustor hereby (1} releases and waives any future clairrts
<br /> against Lender fvr indemni#y or contrihution in the event Trustor E�ecomes liable for cleanup or o#her costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harrrtless Lender against any and all claims, losses,
<br /> lial�ilities, damages, pena[Eies, and expenses which Lender may directly or indirect[y sustain or suffer resulting from
<br /> a breach �of this section of the �eed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposai, release or threatened release occurring prior to 7rustor's ownership or interest in the Property, whe#f�er or
<br /> not the same was or should have been known to Trustor. The provisions of this section of the €]eed of Trust,
<br /> including�the obligation to indemnify ancE cfefend, shall survive the payment of the Indebtednass and t[�e satisfaetion
<br /> and reconveyance of the lien of#his Deed of Trust and shall no#be affected by Lendar's acquisition ot any interest
<br /> in tf�e Property, whether by foredos�re ar otherwise.
<br /> Nuisance, Waste. Trustor shal[ not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Propert}r or arty portion ot the Property. Without limiting the generaliYy of the
<br /> foregoing, Trustor wil] not remove, or grant to any other party the right to remove, any timber, minerals finc�uding
<br /> oil and gas), coal, clay, scoria, soil,gravel or rock products without Lender's prior written consent.
<br /> Rerr�o�a!af Irnpro�emerrts. Trus#ar shall not demolish or remove any Impravernents from the Rea[ Property without
<br /> Lender's prior written consent. As a condition to the removal of any Improvements, Lender rrray require�frustor Co
<br /> make arrangements satisfactory to Lender to replace such Impravements with fmpro�ements of at least equal
<br /> �al�e.
<br /> Lender's IRighY to Errter. Lender ancE Lender's agents and representatives may enter upon the Real Properry at all
<br /> reasona6le times to attend to Lender's interests and to inspect the Real Property for p�rposes of Trustor's
<br /> comp[iance with the terms and conditions of this Deed of Trust.
<br /> Comp[iante witf� GovernmenYal Req�irements. TrusYor shall promptly comply with al] laws, ordinances, and
<br /> regulations, now or hereafter in effecE, of all govemmental authorities app[icabls to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such]aw, ordinance, or regulation and withhold compliance during
<br /> any proceeding, incfuding appropria�e appeals, so long as �Crustor has notified Lender in writing pripr to doing so
<br /> and so ]ong as, in Lender's so[e opinion, Lertder's interests in tF�e Properry are not jeopardized. Lender may require
<br /> l"rustor to post adequate security or a surety band, reasonably satisfactory to Lender,to protec# Lendar's interest.
<br /> Duty to �rotect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do alf other
<br /> acts, in addition to those acts set forth above in this section, which from the character and use of tf�e Property are
<br /> reasonably necessary to protect artd preserve the Property.
<br /> DUE ON SALE-CO[�SEN� BY LE�IDER. Lender may, at�ender's option, declare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br /> Real Property, or any interest in the Real Property. A "sale or#ransfer" means the conveyance of Rea] Prpperty or any
<br /> right, titla or inFerest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater thaR ihree [31 years, lease-option contract, or by sale, assignment, or transfier of any beneficial in#erest in
<br /> or to any land trust holding title to the Real Property, or by any o#her method of conveyance of an interest in the Reaf
<br /> Property. Fiowever, this option shall not be exercised by Lender i# such exercise is prohibited by federa[ faw or by
<br /> Nebraska faw.
<br /> TAXES A1�F] �,[ENS. The following provisions relating to the taxes and liens on the Property are part of th9s Deed of
<br /> Trust:
<br /> Payment. Trustor shafl pay when due fand in all e�ents prior Eo delinquency) al�taxes, special taxes, assessments,
<br /> charges iincluding water and sewerl, fines and imposi#ions levied against or an account of the Property, and shall
<br /> pay when due al[ claims for work done on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of al[ liens having priority aver or equal to the interesY of Lender unc[er this Deed of
<br /> Trust, except far the lien of taxes and assessments not due, except for the Existing Indebtedness referred to
<br /> below, arod except as otherwise provided in this Deed af Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in co�nection with a good faith
<br /> dispute over the obligation to pay, so ]ong as Lender's interest in the ProperYy is not jeopardized. If a lien arises or
<br /> is filed as a resu[t of nonpayment, Trustor shall witf�in fifteen f75} days after the lien arises or, if a lien is filed,
<br /> within fifiteen [i 5} days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lender, d�posit with Le�der 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 of a foredosure or sale under the lien. In any contest,Trustar shall defend itse�f and Lender and shall satisfy
<br /> any adverse judgmeni before enforcement against the Property. Trustor shall name Lender as an 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 shal[ autharize the appropriate governmental oificial to cleliver to Lencier at any time a written
<br /> statement of the taxes ancE assessments againsi the Property.
<br /> Notice of Construction. 7rustor shal[ notify Lender at least fifteen [15� days 6efore any work is comrnenced, any
<br /> services are furnished, or any maEerials are suppfied to the Property, if any mechanic's lien, materialmen's 19en, or
<br /> other lien could be asserted on account of the work, servicas, or materials. Trustor will upon request of Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPER"PY DAMAGE INSURAI�GE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> Tre�st.
<br /> Maintenamce of Insurance. Trustor shalE procure and maintain policies of fire insurance with standard ex#ended
<br /> co�erage endorsements on a repfacement basis for the fuli insurable value covering all lmprovements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance c[ause, and with a standard mortgagee
<br /> clause in favor of Lender,togethar with such other hazard and liability insurance as Lender may reasonably require.
<br /> Policies shall be written in form, arE-�ounts, coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or eompanies reasonabEy accaptab]e to Lender. �rustor, upan request of Lender, wi11 deli�er to Lender
<br /> from Eime to time the policies or certificates of insurance in form satisfactory to lender, including stipulations that
<br /> coverages will nat be cancelled or diminished without at IeasY ten [701 days prior written notice to Lender. Each
<br /> insurance poficy a[so shail include an endorsement pro�iding that coverage in fa�or of Lender will not be impaired
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