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201404751
<br /> DEED OF TRUST
<br /> Loan No: S'[005941 tCOntinUed) Page 2
<br /> Possessio�n and Use. Until the occurrence of an Event of Default, Trustor may [1} remain in possession and
<br /> control of the Property; I2} use, operate or mar�age the Propert}r; and i3) collect the Rents from the Property.
<br /> Duty to N�laintain. Trustor shall maintain the Property in tenantable conditio� and promptly perform all repairs,
<br /> replacements, and maintenance necessary to preserve its valus.
<br /> Compliance With Enviro�mental Laws. Trustor represents and warrants to Lender that: (3} During the period of
<br /> Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br /> release ar threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br /> (2� Trustar has no knowledge of, or reason to belie�e that there has been, except as previously disctosed to and
<br /> acknowledged 6y Lender in writing, fa] any hreach or viola#ion of any Environmental Laws, ib) any use,
<br /> generation, manufacture, storage, treatment, dfsposal, release or threatened release of a�y Hazardous 5ubstance
<br /> on, under, about or frorn the Properry by any prior owners or occ�panis of ihe Property, or (c) any actual or
<br /> threatened ]itigation or cEaims of any ki�d by any person relating to such matters; and (3) Except as praviously
<br /> disclosed to and acknowledged 6y Lender in writing, {a) neither Trustor nor any tenant, contracYor, agerot or other
<br /> authorized user of the Properry shall use, generate, manufactura, store, treat, dispose of or release any Hazardous
<br /> Substance on, under, about or frorr�the Property; and (b) any such activity shali be conducted in comp[iance with
<br /> all applicable federal, state, and local laws, regulations and orc�inances, including withaut limitation all
<br /> Environme�tal Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspectiorns and Eests, at Trustor's expense, as Lender may deem appropriate to deYermine cornpEiance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made �y Lender shalE be for Lender's
<br /> purposes only and shall not be corestrued to create any responsibility or liability on the part ofi Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigaEong the Property for Hazardous Substances. Trustor herel�y {1] reEeases and waives any future claims
<br /> against Lender for indemnity or contribution in the evenF Trustor becomes Eiabls far cleanup or other cosis under
<br /> any such laws; and (2} agrees to indemnify, detend, and ho[d harmEess Lender against any and al[ 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 Tr�st or as a consequence of any use, generation, manufact�re, s#orage,
<br /> disposal, release or threatened relsase occurring prior xo Trustor's ownership or interest in the Property, whether or
<br /> not the same was or should have been [cnawn to Trustor. The pro�isions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defiend, shall sur�ive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and sha[I not be affected by Lender's acquisition of any interest
<br /> in the Property, whether by foreclosure or otherwise.
<br /> Huisance, Waste. Trustor shal[ not cause, conduct or permi# any nuisance nor commit, permit, or suffer any
<br /> stripping af or waste on or to the Property or any portion of the ProperYy. WithouY lirniting the generality ofi the
<br /> foregoi�g, TrusYor will not remove, or grant to any other party tha right to remove, any 4imber, minerals iincluding
<br /> oil and gas), coal, clay, scoria, soil, graveE or roc[c prociucts wiYhout Lender`s prior written consent.
<br /> Rerrioval of Improvemerrts. Trustor sha[I not demo[ish or remove any Impro�ements from the Real Property without
<br /> Lender's prior written consent. As a condition ta the removal af any [mprovements, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Improverrients with Improvements of at least equaE
<br /> �alue.
<br /> Lender's lRight to Enter. Lender and Lender's agents and representatives may enter upon the Real Property a# all
<br /> reasonahle times to attend to Lender's interests and to inspect #he Real Property fpr purposes of Frustor`s
<br /> comp[iance with the terms and conditions of this Deed of Trust.
<br /> Comp[iance with Governmeotal Requirements. 7rustor shall promptly comply witf� aEl laws, ordinances, and
<br /> reg�lations, now or hereafter in effect, of all go�ernmental authorities applicable to the use or occupancy of the
<br /> ProperCy, including without limitation, the Americans With DisaBilities Act Trustor may contest in gaod faith any
<br /> such law, ordinance, or regulation and withhofd compliance during any proceeding, including a�propriate appeals,
<br /> so long as Trustor F�as notified Lender in writing prior to doing so and sa long as, in Lander'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 satisfacYory to Lender,to protect Lender's incerest.
<br /> pufy to �ratect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shaEl do all oYher
<br /> acts, in addition to those acts set forth above in this section, which frorn tF�e character and use o'f the Prpperry are
<br /> reasonably necessary io pratecE and preserve the Property.
<br /> bU�ON SALE-CO[1�5ENT BY LE[1E�ER. Lender may, at Lender's option, dedare immediately due and payable al! sums
<br /> sacured by this Deed of Trust upon the sale or#ransfer, without Lender's prior written consant, of all or any part af the
<br /> Real Property, or any interest in the Real Praperty. A "sale or transfer" means the conveyance of Real Property or any
<br /> right, tiile or inFerest in the Real Property; wheFher legal, beneficia] or equitable; whether vo[untary or involuntary,
<br /> whether by outright sale, deed, installment sale contract, land conYracY, contracY for deed, leasehold interest with a
<br /> term greater than three i31 years, lease-option contract, or by sale, assignment, ar transfer of any beneficial interest in
<br /> or to any land trust holding title to Yhe Real Property, or by eny other method of conveyance of an interest in the Real
<br /> Property. If any Trustor is a corporatipn, par#nership or lirnited liability co�pany, transfer also includes any change in
<br /> ownership of mare than twenty-five percent (25°/a1 o�F the voting stock, partnership interests or limited liability cornpany
<br /> interests, as the case may be, of such Trustor. However, this option shal] not be exercised by Lender if s�ch exercise
<br /> is prohibited by federal [aw or 6y Nebraska law.
<br /> TAXES AI�D LIENS. The foflowing provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment, Trustor shall pay when due (and in all events prior to delinquency] all taxes, specia]taxes, assessments,
<br /> charges Gncluding water and sewer}, fines and impositions levied against or on account of the Property, and shall
<br /> pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br /> shal! maintain the Property free of al] liens ha�ing priority over or equaE to the interest of Lender�nder this �eed 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 wiEhhold payment of any tax, assessmant, or claim in connection with a good faith
<br /> dispute over the obligation to pay, so long as Lender's interest in the Properiy is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpaymer�i, Trustor shal] within fifteen {15) days after the lien arises or, if a lien is fiEed,
<br /> wit[�in fifteen (15) days after Trustor has notice of the filing, secure the discharge of ihe ]ien, or if requested by
<br /> Lender, deposit with Lender cash or a sufificient corporate surety bond or other security satisfactory to Lender in an
<br /> emount sufficient to discharge the lien pl�s any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a fpreclosure or sale under the [ien. En any contest, 7rustor sha11 defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall name Lendar as an additionaf o6ligee
<br /> under any surety bond furnished in tE�e contest proceedings.
<br /> E�idence of Paymerrt. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental official to deii�er to Lender at any time a written
<br /> statement of the taxes and assessme�ts aga9nst Ehe Property.
<br /> Notice of Construction. Trus#or shall natiiy Lenc[er at least fifteen ;15} days before any worlc is commenceri, any
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