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201405339
<br /> �EED OF TRUST
<br /> Loan No: 872059781 [Continued) Page 2
<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 ib) any such acti�ity sf�all be conducted in compliance with
<br /> aIl applicable federal, state, and Iocal laws, regufations and ordinances, including without limitation a[I
<br /> Environm�ntai Laws. Trustor autharizes Lender and its agents to enter upon the Praperky to make such
<br /> inspections and tests, at 7rustor's expense, as Lender rnay deem appropriate to determine campliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shall no#be construed to create any responsibil9ty or]iability on the part of Lender to Trustos or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Proper[y for Hazardous Substances. Trustor hereby {1} releases and wai�es any future cEaims
<br /> against Lender for indemn9ty or contribution in the even# Trustor Becomes liable for cleanup or other costs under
<br /> any such ]aws; and {2} agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting frorr�
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation, rnanufacture, storage,
<br /> disposal, release or t[�reatened release occurring prior to Trus#or's ownership or interest in the Praperty, whether or
<br /> not the same was or should have been knawn #o Trustor_ The provisions of this section of the �eed of Trust,
<br /> including the ob[igation to indemnify and defend, shalf survive the payment of the lndebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shal[ not be affecYed by Lender's acquisitiors of any interest
<br /> in the Property, whether by forec[osure os otherwise.
<br /> N�isance, Waste. Trustor shall not cause, conduct or permit any nuisance nor cornmit, permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of the Property_ Without limiting the generslity o€ the
<br /> foregoing, Trustor wilE not remove, or gran#to any other party Che rigi�t to remove, any timber, minerals {induding
<br /> oil and gas), coal, clay, scoria,soil, gravel or rock products without Lender's prior written consent.
<br /> Removaf vf]mproverr�ents. Trustor shall nox demolish or remove any Improvements from the Real �roperty without
<br /> Lender's prior written consent. As a condition Eo the removal of any Improvements, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such ]rnprovements with Improvements of at least equa!
<br /> val�e.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may en#er upon the Real Property at al[
<br /> reasonable #imes to attend to Lender's interests and to inspect the Real Property far purposes of Trustor's
<br /> complian�e with the terms and conditions of this Deed of Trust.
<br /> Gorrtp[iance witf� Governmental Requirements. Trustor shall promptly comply with alE laws, ordinances, and
<br /> regulations, now or hereafter in e�F�Fect, of alE governmental authorities applicable to the use or occupancy of the
<br /> Property. 7rustor may contest in good faith any suci�faw, ordinance, or regulation and withhold compliance during
<br /> any proc�eding, incEuding appropriaEe appeals, so long as Trustor has notified Lender in writing prior to doing so
<br /> and so ]ong as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender rnay require
<br /> Trustor to past adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br /> Duty to Protect. 3rustor agrees neither to abandon or leave unattended the Property. Trustor sE�alf do all other
<br /> acts, in addiEion to those acts set forth above in this section, which firom the character and use of the Property are
<br /> reasonably necessary to protect anc! preserve the Property.
<br /> DUE ON SALE-COk�SENT BY LEHDER. Lender may, at Lender's op2ion, dec�are immediate[y due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfar, wi€hou'E Lender's prior written consent, of al1 or any part of the
<br /> Real Property, or any interest in the Real Property. A "sele or transfer" means the conveyance of Rea! Froperty or any
<br /> right, title or in#erest in the Real Property; whether legal, beneficial or equitable; whetf�er voluntary or invaluntary;
<br /> whether by outright sale, deed, insCallment sale contract, land contract, contract for deed, leasehofd ir�terest with a
<br /> term greater than three f3) years, lease-option contract, or by saEe, assignment, or transfer of any 6eneficial interest in
<br /> or to any lanc] 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 shall not be exercised by i.ender if such exercise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND IIENS. The foElowing provisions relating to the taxes and Gens on the Property are part of this Deed of
<br /> 7rust:
<br /> Payment. Trustor shall pay when due iand in alf e�ents prior#o delinquencyl al] taxes, special taxes, assessments,
<br /> charges 4including water and sewer}, fines and impositions [evied against or on account of the ProparEy, and shall
<br /> pay whem due al] claims for work done on or for services rendered or rnaterial furnished to the Property. Trustor
<br /> shall maintain the Property free of al] liens having priority over or equal to the interest of Lencfer under this Deed of
<br /> Trust, except for the {ien of taxes and assessments not due, except for the Existing Indebtedness referred to
<br /> below, and except as otherwise provided in this Deed of Trust.
<br /> Right to Corrtest. Trustor may withholcE payment of any tax, assessment, or c[aim 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 fien arises or
<br /> is fifed as a result of nonpayment, Trustor shal] within fifteen (15) days after the lien arises or, ifi a lien is filed,
<br /> within fifteen I15y days after Trustor has notice o€ the fi[ing, secure the discharge of the lien, or if requested �iy
<br /> Lender, deposit wifh �ender cash or a sufficient corpprate surety bond or other security satisfactory to Lender in an
<br /> amount sufficienY to discharge the fien plus any costs and attarneys' fees, or o#her charges that could accrue as a
<br /> resu�t of a foreclosure or sale under the lien. [n any contest,Trustor shall defend itself and Lender and sE�al!satisfy
<br /> any ac[�erse judgment before enforcement against the Properry. Trustor shal� name Lender as an additional obligee
<br /> under any surety bond furnished in tf�e contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of paymen€of the taxes
<br /> or assessments and shall authorize the appropriate governmental officia] to de[i�er to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice o� Construction. Trustor shal] notify lender at least fifteen {15] days before any work is commenced, any
<br /> services are furnished, or any materials are supplied to the Property, if any mechanic's fien, materialmen's lien, or
<br /> other lien cauld be asserted on account of the worlc, services, or maEerials. 3rustor wil] upon request of Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> impro�ements.
<br /> PROPERTY DAflIIAGE INSURANCE. The following provisions relating to insuring t[�e Property are a part ofi this Deed of
<br /> Trusi.
<br /> Maintenance of lnsurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the full insurable value covering al{ Im�rovements on the Real
<br /> Praperty in an amount sufficient to avoid applicatian of any coinsurance clause, and with a standard mortgagee
<br /> c[ause in favor of Lendsr, together with such other hazard and liability insurance as Lender may reasonably require.
<br /> Po[icies shal! be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> from tir'ne to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
<br /> co�erages will not be cancelled or diminished without at [east ten ;i41 days prior written notice to Lender. Each
<br /> insurance palicy also shall include an endorsement providing that coverage in favor of Lender wil{ s�ot be 'smpaired
<br /> in any way by any act, omission or default of Trustor or any o'Eher person. Should the Real Property be located in
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