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' 201404120
<br /> o�Ea oF T�usr
<br /> (Continued),' Pag� 2'
<br /> Trustor's ownership of the Property,there has been no'use,generation,'manufacture,storage,treatment,disposal„'
<br /> release or thteatened'release'of any Hazardous Substance by'any person on, under, about or from the Property;'
<br /> (2) 'Trustor has n4 krtowledge of, or reason to believe'that there has been, except as previously,',disclosed ta and'
<br /> acknowledged by Lender i� writing, ', (a) any breach or violation af',any Environmental Laws; (b) any use,'
<br /> generation, manufaciure, storage, treatment, disposal,''release oe threatened release of any Haza�dous Substance'
<br /> o�, 'under, about or from the"Proparty by a�y prior owners or'occupants of the Property, or (e) any actual or'
<br /> threatened li�igation oe elafms'�of any Ikind by �ny person re(atit�g to such matters; and ��'�(3) Except as previously��,'�
<br /> disclosed to'and acknowledged by Lender in writirtg, (a) neithe�Trustor nor any''tenant, contractor, agert'or c�ther''
<br /> authorized user of the Prcaperty shall use,gene�ate, manufacture, store,freat, dispose of or release any Hazardous'
<br /> 5ub5#ance vn, under;'���about or from the Property;and ,(b) any sueh act€vify shalP be conducted in>compliance wi#h����
<br /> all appiicab[e federal, state���; and Ibcal laws, regulations and ordinances,��,'�ir�cluding withnut limitation all��'�
<br /> ErrviTonmentaf Laws: Trustor au#hc5rizes Lender and its agenfs to enter upon the Property to make sueh
<br /> inspections and tests, at Trustor's expense, ���as Lender may deem apprQpriate'�to determine compliance of the�'�
<br /> Property with this section of the Deed of Trust. Any'',inspections or tests made by Lender sha11 be for Lender's''
<br /> purposes only and shall not be construed to create any'respansibility or Jiability an the part of Lender to Trustor or'
<br /> to any other;,persnn. The rep�esentations and'warranties contained herein are based on Trustor's due diligence iR'
<br /> invesfigating���'�the Praperly for�'�Hazardaus Substanees� Trustor hereby (1) releases and�nraives any futute claims��'�
<br /> against Lender for indemnity,or contribution in the ewent Trustor becomes liable far cleanup or other costs under
<br /> any such laws; antl (2} agrees to indernnify, defend, and hQid harmiess Lender against any antl all claims; losses,,'
<br /> liabiiiiies, damages,penalties,',and expenses which Lender may directly or indirectEy sustain or suffer resulting from'
<br /> a breach of this seetion of fhe Deetl of Trust or as a consequence of any use, generation, manufacture, storage,'
<br /> disposal, release or tttreatened release>occurring prior to Trustor's ownership or interesf in the Prop�:rty,whether or'
<br /> �ot the same was or should``have been known to Trustar. The prc�visians c�f this section of the Deed of Trus4,','
<br /> inclutling the obligation to intlemnify and defend,shall survive the payment of the'Indebtedness and the satisfaction'
<br /> and'�ecanueyance of the lie�of this Deeci of Trust and shail nat be affected by Lender"s acquisifion of any'interest'
<br /> in the Property,whether by foTeclnsure or othennrise.
<br /> N�isance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit> permit, or suffer any
<br /> stripping of or waste vn or to the Property or''any portican of the Prope�ty. Without limiting the,generality of the``
<br /> #oregoing, Trustar will noY remove, or'grant to'any other party the right;to remove, any timber, minerals (including'
<br /> oil and gas),'coai,clay,scoria;soil,grave{or roCk produCts withput Lender'S prior written consent:'
<br /> Removal of Impro�rements. Trustor shall n€�t demolish or remove any Improvements from the Real'Propertylwithout'
<br /> l.ender's prior written'consent. As a candition'to the removal of any Improvements, Lender may require i"�ustor to'
<br /> make arrangements satisfactory tp Lender to'replace'such Imprc�vements with' impeovements of at least equal'
<br /> value.
<br /> Lender's Right to Entec Lender and Lender's'agents aRd representatives may enter upon the Real Property at all`
<br /> reasanable times to 'attend to Lender's interests and to inspect the'Real Praperty for purposes of Trustor's '
<br /> com,pliance with the terms and contlitians a#this Deed af Trust.>�
<br /> Compliance with Gavernmental Requirements. Trustor shall,promptly comply with alf laws, ordinances, and
<br /> reguJations, now or hereafter'in effect, of aIi governmental authorities applicable to the'use or occupancy of fhe'
<br /> Property. Trustor may contesk in good faith any such law, ordinance,or';,regulation and withhold compfianee during,'
<br /> any'proceeding, including appropriate'appeals,''so Iong'as Trustor has notified Lender in'writing prior to doing so``
<br /> and sa lang as, in Lender's sole opinion, Le�deYs interests in fhe Property are not jeopardized. Lender may require'
<br /> Trustor to post adequate secutity ar a surety bond, reasonably satisfactory to Lender,to protect Lender's interest '
<br /> Quty to Pratect. Trustnr agrees neither tn abandon or leave unattentled the Property. Trustor shali do all other
<br /> acts'; in addition to those acts set forth above in this section,which from the character and use s�f the Prc�psrty are'
<br /> reasonably necessary'to pr4tect and preserve the Property.
<br /> DUE ON SALE-GONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and'�payable all sums����
<br /> seCured by this Deed of Trus#upon the sale or tran�fer,without Lender's prior written eonsent,of all or any pa��t of Che���'�
<br /> F2ea1 Property, or any irterest in the Real Ptoperty. 'A "sale'or transfer" means the conveyance of Real Property or any'
<br /> right, ti#le or inte�est in the Rsal'Propeety; whether legal,'beneficial or equitable; whether'voluntary or involuntary;``
<br /> whether���by autri�ht sale,�,'��deed, instal[ment sale cantraef, land contract, c�ntract for d�ed, Ileasehotd interest with a��'�
<br /> term greater than three(3}years, lease-option conf�act, or,by sale, assignment, or transfer of'any beneficial interest in '
<br /> or to any,land trust holding title to the Real Property, or by',any other method af eonveyance of an interest in'#he Real'
<br /> Property.,' However, this opfion shall not'be exercised by,Lender if suCh exercise is prohibited by federal law or by'
<br /> Nebraska��taw.
<br /> TAXES ANd LI��F�. The#ollowing provisions reiating to the taxes and liens on the IProperty are part of this'Deed of'
<br /> Trust:
<br /> Payment. Trustor shali pay when due(and in all events pric�r to''deiinquency)a11 taxes,special taxes, assessments,
<br /> charges(including water and sewer), fines and irnpositians levied against or on account of the Pfoperty, and shall'
<br /> pay;when due aA claims for work done on or for services rendered�r material furnished to the Property.;,,Trustor'
<br /> sha1R maintain the Property free of all liens having priority c�ver or equal to the interest of Cender under this IDeed of'
<br /> Trust, except for the lien of``taxes and assessments'not due,' except for the 'Existing 'Indebtedness referred to
<br /> b�;low, and except as''otherwise provided in this Deed of 7rust. ''
<br /> Right to Contest. Trustor may withhofd payment af any tax, assessment, or claim in connection with a good faith`
<br /> dispute over the obtigation to pay, so long as Lender's interest in khe Property is not jeopardized. 'If a lien arises or'
<br /> is filed as a resul#of'nonpayment, Trustor shall withirt fifteen ',(15) days after the lien a�ises or,,if a lien is filed,
<br /> within fifteen (15) days after`Trustor has notice of the fiiing, secure the dischafge of the lien, o�if requested by,'
<br /> Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfaetory to Lender ia an'
<br /> amount sufficient to discharge#he Iien,plus any costs and attorneys'fees, or oth'er charges khat could acc�ue as a'
<br /> result of a foreelosure or sale under the lien. In any contest, Trustor shall defend''itseif and Lender and shall satis[y
<br /> any adverse judgment befvre enforcement against the Property.,Trustor'shall name Lender as an additional obfigee'
<br /> undet any surety bond furnished in the'cantestproceedings.
<br /> Evidence of Payment.' Trusta�shall upon demand furnish to Lender satisfactory evidence of paymsnt of the taxes
<br /> or assessments and sha11 autharize the appropriate governrnental official'to deliver to Lender at any time a written '
<br /> 5t8tement of lthe taxes and assessments against the Praperty. '
<br /> Nc�tice of Construction. Trustor shall notify Lender at least fifteen (15)days before any work is commenced, any'
<br /> services are furnished, or any,'materia[s are supplied to'the Property, if any mechanic's lien, mate�ialmen's lien, or'
<br /> other lien could be asserted on account of the work, services,''or mateeials, Trustor wi11 upon request of Lender'
<br /> fumish to Lender advance assurances satisfactory to Lender'that Trustor can and will pay the cost 'of such '
<br /> irnprovements.
<br /> PROPERTY DANEAGE INSURANCE, The following provisions relating to insuring the Property are a part of thiS Deed of'
<br /> Trust.
<br /> Maintenance'of Insurance. Trustor shall procure and 'maintain policies of fire insurance with standard extended'
<br /> coverage endorsements on a'fair value basis for the full insurable value covering all Improvements on the Real
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