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201404043
<br /> DEED OF TRUST
<br /> Loan No: 81005826 (Continued) Page 2
<br /> acknowledged by Lender in wtiting, (a) 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, under, about or f�om the Property by any pribr owners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of tf�e 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 shall be conducted in compliance with
<br /> ail applicable federal, state, and local laws, regulations and ordinances, including without fimitation all
<br /> Environmental 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 appropriate to determine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be fot Lender's
<br /> purposes only and shali not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br /> to any other person. The represeMations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify,defend, and hold harmless Lender against any and ail claims, losses,
<br /> liabilities, 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 /> 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 to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend, shaii survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br /> foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br /> oil and gas), coal,ciay,scoria, soil,gravel or rock products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lender's prior written consent. As a condition to the removai of any Improvements, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender`s Right to Enter. Lende� and Lender's agents and representatives may enter upon the Real Property at all
<br /> reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br /> compiiance with the terms and conditions of this Deed of Trust.
<br /> Compliance wifh Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of ali governmental authorities applicable to ihe use or occupancy of the
<br /> Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any
<br /> such Iaw, ordinance, or regutation and withhold compiiance during any proceeding, including appropriate appeais,
<br /> so long as Trustor has notified Lender in writing prior to doing so and so long as,in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br /> bond, reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br /> � acts, in additian to those acts set forth above in this section, which from the character and use of the Property are
<br /> ' reasonably necessary to protect and preserve the Property.
<br /> ' DUE ON SALE- CONSENT BY LENDER. Lender may, at Lender`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 afl or any part of the
<br /> Real Property, or any interest in the Real Property. A "saie or transfer" means the conveyance of Real Property or any
<br /> right, title or interest in the Real Prope�ry; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outrigh# sale, deed, installment sale contract, iand contract, contract for deed, leasehold interest with a
<br /> term greater than three (3) years, lease-option coniract, or by sale, assignment, or transfier of any beneficial interest in
<br /> or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br /> ', Property. However, this option shati 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 /> I Trust:
<br /> Payment. Trustor shall pay when due (and i.n atl events prior to delinquency) all taxes, special taxes, assessments,
<br /> '� charges (including water and sewer), fines and impositions levied against or on account of the Properry, and shall
<br /> pay when due all claims for work done on or for services rendered or material furnished to the Properry. Trustor
<br /> shall maintain ihe Property free of all liens having priority over or equal to the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of
<br /> Trust.
<br /> , Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br /> dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifteen (15) 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 attorneys' fees, or other charges that couid accrue as a
<br /> ' result of a foreclosure or sale under the lien. in any contest,Trustor shall defend itself and Lender and shall satisfy
<br /> , any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obiigee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish io Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental officiaE to deliver to Lender at any time a written
<br /> I statement of the taxes and assessments against the Property.
<br /> Notice of Construction. Trustor shall nortify Lender at leasi fifteen (15) days before any work is commenced, any
<br /> services are fiumished, ar any materials are suppfied to the �roperty, if any mechanic`s lien, rnaterialmen's lien, or
<br /> � other lien could be asserted on account of the work, services, 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 /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a patt of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall ptocure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a repfacement basis for the full insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> clae�se in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
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