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201405342
<br /> D�ED OF TRUST
<br /> Loan No: $7'2059765 (Continued) Page 2
<br /> disclosed to and acknowledged by Lender in writing, ia) neither Trustor nor any tenant, co�tractor, agent or other
<br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or relsase any Hazardous
<br /> Substance on, under, about or from the Prope�ty; and Ib} any such activity sha�l be conducted in compliance with
<br /> all applicabls federal, state, and local ]aws, regulations and ordinances, including w9thaut limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to malce such
<br /> inspections and tests, at Trus#or's expense, as Lender may deem appropriate #o determine compliance 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 not be construed to create any responsibi[ity or liabi]ity on the part of Lender to Trustor or
<br /> to any oiher person. 7he representations and warranties contained herein are based on Trustor's due diligence in
<br /> inves#igating the Property for Hazardous Substances. Trustor hereby il) releases and waives any fu#ure clairrts
<br /> against Lender for indemnity or contribution in the event 'irustor becomes liahle for cleanup or other costs under
<br /> any such �aws; and [2) agrees to indemnify, defend, and hold harmless Lender against any and all ciaims, losses,
<br /> [iabilities, damages, pena[ties, and expenses which Len[{er may directEy or indirect[y sustain or suffer resulting from
<br /> a breach of this section of the ❑eed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> dispasal, release or threatened reiease occurring prior to Trustor's ownership or interest in the Property, whether or
<br /> not the same was ar shauld have heen known ta Trustor. The provisions of tE�is section of the Deed of Trust,
<br /> inc]uding the obligation to indemnify and defend, shall survi�e the payment of the Indebtedness and the saYisfaction
<br /> and reconveyance of the lien of this Deed of'�rust and shall noE be affected by Lender's acquisition of any interest
<br /> in the Property, whether by foreclosure or atherwise.
<br /> Nuisance, Waste. Trus#or shall not cause, canducE or permit any nuisance nor commit, permit, or seaffer any
<br /> stripping of or waste on or to the Praperry or any portion of the Property. Without ]imiting the generaEity ofi the
<br /> foregoing, Trustor will not remove, or grant to any o#her par#y the right to remove, any timber, minerals {including
<br /> oil and gas), coal, clay, scoria, soil,gravel ar rock products without Lender's prior written cansent.
<br /> Removal of Impro�emerrts. Trustor shall not demolish or remove any Improvements frpm the Real Property w9thout
<br /> Lender's prior written consent. As a condition to the removal of any Improvements, Lender rr�ay require Trustor to
<br /> make arrangements satisfactory to Lender to replace suc[� Impro�ements with Emprovements of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lendar anc! Lender's agents and representatives may enter upon the Real Property at al]
<br /> reasonable times to aTtend to Lender's interests and to inspect the Real Properry for purposes of Trustor's
<br /> comp[iance with the terms and conditions of th9s Deed af Trust.
<br /> Comp[iance with Governmantal Requirements. Trustor shall promptly comply with ali laws, ordinances, and
<br /> regulations, naw or hereafter in e�ect, of alE governme�tal authorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during
<br /> any proceeding, inc[uding appropriate appeais, so long as Trustor has notified Lencier in writing prior to doing so
<br /> and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate securiEy or a surety bond, reasanabfy satisfactory to Lender, to protect Lender's interest.
<br /> Duty ta Protect. Trustor agrees neixher to abandon or leave unattended the Properry. Trustor shalf do a11 oYher
<br /> acts, in addiEion to those acts set forth above in this section, which from the character and use of#he Froperty are
<br /> reasonabl�y nacassary to protect anc! presarve the Property.
<br /> DUE ON SALE- Cd{�SENT BY LENDER. Lender may, at Lender`s option, dec[are imrr3ediatefy due and payable all sums
<br /> secured by this Deec! of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of ti�e
<br /> Real Proparty, or any interest in the Real Property. A "sale or transfer" means the conveyance of ReaE Property or any
<br /> right, title or onterest in the Real Property; whether legal, bene'�icial or equitable; whether voluntary or involuntary;
<br /> whether t�y outr9ghE sale, deed, insiallment sale contract, land contract, contract for deed, leasehold interest w9th a
<br /> term greater ihan three (3) years, lease-option contract, or by sale, assignment, or transfer af any beneficial interest in
<br /> or to any land tre�st holding title io the Real Property, or by any other method of conveyance ofi an interesY in the Real
<br /> Property. FEowever, this option shall not be exercised by Lender if such axercise is prahib9ted by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and fiens on the Property are part of this Deed of
<br /> Trust:
<br /> Fayment. Trustor shall pay when due (and in a[I events prior to delinquencyl all taxes, special taxes, assessments,
<br /> charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall
<br /> pay when due all c[aims for work done on or for services rendered or maxeriaE furnished to the Property. Tr�stor
<br /> shalf maintain the Property free of aEl liens having priority over or equal to the inEerest of Lender under this Deed of
<br /> Trust, except for the lien o# taxes and assessrr�ents not due, except tor the Existing indebtedness referred to
<br /> below, and except as otF�erwisa provided in this �eed of Trust.
<br /> Right to Cotrtest. Trustor may wiYlthold payment of any tax, assessment, or claim in connection with a good faith
<br /> dispute over t[�e abliga#ion to pay, so fong as Le�der's interest in the Property is not;eo�ardized. [f a lien arises or
<br /> is filed as a result of nonpayment, Trustor sha[I wiYhin fiiteen {Z 5} 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 ]ien, or if requested by
<br /> Lender, depos9t with Lender cash ar a sufficient corporate sureYy bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys' fees, or otE�er charges that could accrue as a
<br /> result of a foreclosure or sale under the lien. ln any contest, Tr�stor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment before enfiorcement against the Praperty. Trustor shall name Lender as an additional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Aaymerrt. Trustor shall upon demand furnish to Lender satisfactory e�idence ofi payment of the taxes
<br /> or assessments and shall authariza the appropriate go�ernmental official to deliver to Lender at any tirne a writcen
<br /> statement of the taxes and assessments against the Property.
<br /> k1[otice of Cons2ruction. Trustor shall notify Lertder at least fifteen {151 days before any work is commenced, any
<br /> services are fiurnished, or any materials are supplied to tf�e Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien could be asserted on account of the work, ser�ices, 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 DF�MAGE INSURAIVCE. The fallowing provisions relating to insuring the Property are a part o#this �eed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain poiicies of fire insurance with sYandard extended
<br /> coverage endorsements on a replacement basis for the full insurabEe value covering all Imprpvements on the Real
<br /> Property fn an amaunt sufficient to avoid appEication of any coinsurance clause, and with a standard mortgagee
<br /> clause in favor of Lender, together with such oYher hazard and ]iability insurance as Lender may reaspnably require.
<br /> Policies sha]l be written in #orm, arnounts, coverages and basis reasonabfy accaptable to Lender arod issued by a
<br /> corr3pany or companies reasonably acceptable ta Lender. Trustor, upon request of Lender, wil] de]iver ta Lender
<br /> from time to time the poficies or certificates of insurance in form satisfactory ta Lendes, incEuding stipulations tha€
<br /> coverages will not be cancelled or dimi�ished withouE at least ten i10) days prior written notice to Lender. Each
<br /> insurance policy also shali include an endorsement pro�iding that co�erage in favor of Lender wiEl not be impaired
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