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201404182
<br /> DEED OF TRUST
<br /> Lvan No: 1 1 1 1 292-3 (COritirlued) Page 2
<br /> Carrtpfianae With Environmental Laws. T'rustor represents and warrants to Lender that: {1] During the period of
<br /> Trustor's ownership of the Property, there has been na use, generation, manufacture, storage, treatment, disposal,
<br /> release or threa#ened release of any Hazardous Suhstance by any person on, under, about or from Yhe Property;
<br /> {21 �frustor has no knowledge of, or reaso� to befieve that there has been, except as pre�iously disclosed to and
<br /> ac[cnowledged by Lender in writing, [a) any breach or �iolatian of any Enuironmental Laws, ib1 any use,
<br /> generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardaus Substance
<br /> on, under, about or from tha f'roperty by any priar owners or occupants of the Property, or {c} any actual or
<br /> threatened litigation or claims of any kind by any person re[at3ng to such matters; and (3} Except as previously
<br /> disclosed to antt acknowledged by Lender in writing, �a) neither Trustor nar any tenant, contractor, agent ar other
<br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose of ar release any Hazardous
<br /> Substance on, under, about or frorn the Property; and ib7 any such actE�ity shall be conducted in compliance with
<br /> all applicable federal, sta#e, and lacal laws, regulations and ordinances, including without fimitation afl
<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 appropriate to determ9ne compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or #ests rr�ade by Lender shall be for Lender's
<br /> purposes only and shalE not be construed to create any responsibility or iiability or�the part of Lender to Trustor ar
<br /> fo any other person. The representations and warranties contained herein are Faased pn 7rustor's due diligence in
<br /> in�estigating the Property for Hazardous Suhstances. Trustor hereby {1) releases and waives any future claims
<br /> against Lender for indemnity ar contribution in the event Trustpr 6ecornes liable for cleanup qr pther cpsts under
<br /> any such laws; and {2) agrees to indemnify, defend, and hold harmless Lender ageinst any and all claims, losses,
<br /> liabilities, tiamages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> , a breach of this section af the Deed af 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 tE�e Pr�perty, whether or
<br /> not the same was or should ha�e been known to Trustor. The provisions of this sactian of the Deed of Trust,
<br /> including the obEigation to indemnify and defend, sha[I survive the payrrtent of the Indebtedness and the satisfaction
<br /> and reconveyance af the lien of this Deed of Trust and shall not be af€ected by Lender's acquisition of any interest
<br /> in the Property, whether by fareclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> sEripping o# or wasta on flr to the Property or any portion of the Property. Without limit�ng #he generality of the
<br /> foregoing, Trustor will not remove, or grant to any other party the right ta remave, any timber, minerals (including
<br /> oif and gasl, coal, clay, scoria, soil, gravel or roc[c products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor sha[I not demolish or remove any Emprov�ments from the Real Property without
<br /> L�ncier's prior written consent. As a condi#ion to the removal of any Improvements, l.ender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Improvem�nts with lmprovements of at least eq�al
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representati�es may enter upon the Fleal Property at all
<br /> reasonable times to attend to �ender's interests and to inspect the Rea] Property for purposes of Trustor's
<br /> compliance with the terms and conditions of this ❑eed of Trust.
<br /> Compliance with Governmental RequErements. Trustor shali promptly comply with all laws, ordinances, and
<br /> reguiations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br /> Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good fai#h any
<br /> such law, ordinance, or regulation and withhoEd compliance during any proceeding, including appropriate appeals,
<br /> so long as Trustbr has notified Lender in writing prior to doing sa and so long as, in Lender's so[e opinion, Lender's
<br /> interests in the �raperty are not jeopardized. Lender may require Trustor ta post adequate security or a surety
<br /> bond, reasonably satisfactary#o 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 addition to those ac#s set forth above in this section, which from the character and use of the Property are
<br /> reasonably necessary to protec#and preserve the Praper#y.
<br /> DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare 3mmediateiy due and payable afl sums
<br /> secured by this []eed of Trust upon the sa[e or transfer, without Lender's Prior written consen4, of all or any part of the
<br /> Real Property, or any interesf in the Real Property. A "sale or transfer" means Yhe conveyance of Rea1 Property or any
<br /> right, title or interest in the Rea[ Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whethar by outright sale, deed, installment sale contract, land contract, contract for deed, leasehofd interesi with a
<br /> term greater than three {3] years, lease-option contract, or by sale, assignment, or tsansfer of any beneficial interest in
<br /> or to any land trust holding #i#[e to the Real �roperty, or by any other method of con�eyance of an interest in the Real
<br /> � Property. If any Trustar is a corporation, partnership or limited iiability company, transfer also includes any change in
<br /> ownership of more than twenty-five percent (��%} of the uoting stack, partnership interests or limited liability company
<br /> interests, as the case may be, of such Trustor. How�ver, this option shall not be exarcised by Lend�r if such ex�rcise
<br /> is prohibited by federal law pr by Nebraska law.
<br /> 7AXES ANb LIENS. 7he following provisions relating to the #axes and liens on the Property are part of this �eed of
<br /> Tru st:
<br /> Payment. Trustor shal[ pay when due {and in all events prior to delinquencyl all taxes, special taxes, assessments,
<br /> charges (including water and sewer), fines and impositions levied against or on account of th� Property, and shall
<br /> pay when due all claims for work dvne on or for services rendered or materEal furnished to the Property. Trustvr
<br /> shall maintain the Properiy free of all liens having priority o�er or equal to the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due, except for the Existing Indebiedness referred to
<br /> below, and except as otherwise provided in this f]eed of Trust.
<br /> Right to Contest. Trustor may withhofd payment of any tax, assessment, or claim in connecYion with a good faith
<br /> dispute over the obligation to pay, so [ong 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 [75} days after the {ien arises or, if a lien 'ss filed,
<br /> withirr fiftean i151 days after Trustor has notice of the filing, secure the discharge of the [ien, or if requested by
<br /> Lender, deposit with Lender cash ar a sufficient carporate surety 6ond or other security satisfactory to Lender in an
<br /> amvunt sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a foreclosure or sale under the lien. In any contest, Trustor shalf defend itself and Lender and shall satisfy
<br /> any ad�erse�udgment before enfarcement against the Property. TrusEor shall name Lende�as an additional obligee
<br /> under any surety bond furnished in the contesY proceedings.
<br /> E�idence af Payment. Trustor shall upon demand furnish to Lender satisfactary evidence of payment of the taxes
<br /> or ass�ssments and shall autharize the appropriate governmental oFfiicial to deliver to Lender at any time a wriYten
<br /> statement of the taxes and assessments against the �roperty.
<br /> Notice of Construction. Trustor shall notify Lender at least fifteen [15} days before any work is commenced, any
<br /> services are furnished, or any ma#erials are supplied to #he Property, if any mechanids lien, materialn'�en's {ien, or
<br /> other lien could be asserted on accounY of the work, services, ar materials. Trustar will upon request of I�ender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustar can and will pay the cost of such
<br /> impro�ements.
<br /> PROPERTY �AMAGE INSURANCE. The follawing pro�isions relating ta insuring the Praperty are a part of this aeed of
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