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' 201406488
<br /> ' D��D C�� TRUST
<br /> (Continue�l) ' Page 2
<br /> Environmental 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 deern appropriate to deter�mine 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 noY be'�construed to create any'�,�espansibility or�liability on the pa�t of Lender to Trustor�r '�
<br /> to any other person. The representations antl warranties contained herein are based on Trustor's'due diligence in
<br /> investigating,lthe Property for Hazardous Substances. 7rust€�r hereby (1) relea�es and waives any futur�claims '�
<br /> against Lender for indemnity or contribution in#he event Trusto�becomes fiable for Geanup or other costs under '
<br /> any such iaws; and {2) agrees to indemnify, defend,and hold hannless Lender again5t any and ali claims, iosses, '
<br /> liabilities, damages,penafties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this secti�n of the Deed of Trust pr as a e�nsequence of any use,generation, manufacture, storage, ��'�
<br /> disposal, release or threatened release Qecurring prior to'Trustor's awnership or interest in the Property,whether or
<br /> not #he same'was or'should have been knawn to Truston The provisions of this section of the Deed af Trust, ,'
<br /> including the obligation ta indemnify and defend',shali survive the payment of the Indebtedness and'the satisfactian
<br /> and recanveyance of the lien o#this Deed of Trust and shall notbe affected by Lender's acquisition of any'interest '
<br /> in the Property,whether by foreclosure'4r otherwise.
<br /> Nuisance, Waste. 'frustor shall not cause, conduct or permit'any nuisance nor eommit, permit, or suffer any
<br /> stripping of or waste on or to'the Praperty or any portion of the Property. Withaut limiting tMe generality of the '
<br /> foregoing, Trustor wiA not remdve, or grant to',any othe�party the right to remoVe, any timber, rninerals(including
<br /> ail and gas),ct�al, clay,scoria,,'soil, gravel or rack products without Lender's priorwritten consent
<br /> Removal of Impro�ements. Trustar shali not demolish or remove any Improvements from the Real Property without '
<br /> Lender's prior written'consent: As a condition to the rQmoval of any Improuements,Lender may require 7rustor to '
<br /> make arrangements satisfactory to Lender to''replaCe such improvements with'Improvements of at least equai '
<br /> value.
<br /> Lender's Right#o Enter. Lender and Lender's agents and represenfatives may enter upon the Real Properky at a11 '
<br /> rsasonable times to attend fa Lender's interests and' tfl inspect the 'Real Property for purposes of T�ustor's '
<br /> comp[ia�ce with the terms and conditions of this Deed of Trust,
<br /> Compliance with Governmental Requi,rements. Trustor shali promptly comply with ail faws, ,ordinances, and '
<br /> regu,lations, now ar Mereafter lin effect, of all governmental authorifies applicable tc� the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law, ordinance,or regulatic�n and withhoid compliance during
<br /> any proceeding, including appeopriate'appeals,'so long,las l"rustor has notified Lender 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 security or a surety bond,re�sonably satisfactory to lender,io protect Lender's interest. '
<br /> Duty,'to Protect Trustor agrees neither to abandon oc leave unattended the Prtaperty. Trustor shail do all other '
<br /> aCts,'in addition to those acts'set forth'above in this section,which from'the character and use of the Property are '
<br /> reasonably necessary,to protect and preserve the Prope�ty.
<br /> DUE QN SALE-CONSENi'BY LENDER. Lender may, at Lender's option,dec[are immediately due and payable all sums '
<br /> secured by this deed of Trust upon the sale pr transfer, with4ut Lender's prior written consent,of all or any part of the '
<br /> Real Property, or any interest in the Real Property. A "sale'br transfer" means the conueyance of Reaf Property or any '
<br /> right, titte or interest in the Rea1 Property; whether legal,'beneficial or equitable; whether voluntary or involuntary;
<br /> whether'by outright sa�e,''deed, installment sale contract, f,and contract, contract fo� deed, leasehold interest with a``
<br /> term greater tha�'three(3j years, Iease-option contrac4, or by sale, assig�ment, or transfer pf any beneficiaE interes#in
<br /> or ta any>�land trust halding title to the Real Properfy, or by,any other method of conveyance of an interest in the Real
<br /> Property.,' However, this option shall not be exercised by 'Lender if such exercise is prohibited by federal !aw or by '
<br /> Nebraska'law.
<br /> TAXES AND LIENS. The'following provisions relating to the taxes and liens on the Properfy,'are part of fhis Deed of
<br /> Trust:
<br /> Payment Trustor shall pay when due(and in 211 events'prior to'definquency)a!I taxes,special faxes,assessmen#s, '
<br /> charges (including water and sewer}, fines and impositions levied against or on account of the Property, and shall '
<br /> pay when due ail claims for work done on or for services rendered or material fumished to the P�operty. Trustor'
<br /> shaif maintain the Property free af all ►iens having priority over o�equal to the interest of Lender under this Deed of'
<br /> Trust, excepY for the lien of taxes and assessments not due and except as otherwise ,provided' in this Qeed of'
<br /> Trust.
<br /> Righf to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith '
<br /> dispute over the obligation to pay, so long as Lender's'interest in the Propetty is not jeopardized. 'If a lien arises or'
<br /> is filed as a 'result of nonpayment, Trustor shafi within fifteen '(15) days after the lien arises or,'if a lien'is filed, '
<br /> within fifteen (15} days after Trustor has notice of the filing, secu�e the diSCharge of the lien, o� if requested by
<br /> lender,deposit with Lender cash or a sufficient caeporate surety bond or other security satisfaCtory to Lender in an'
<br /> amount sufficient to discharge the liert,'pius any costs antl attorneys'fees, or other eharges that could acc�ue as a''
<br /> result of a foreclosuee or sale under the lien. In any contest, Trustor shaU defend itself and�ender a�d shail satisfy'
<br /> any,adverse judgment before enforcement against the Rroperty.'Trustor shall name Lender as a�additional obligee`
<br /> under any su�ety bond furnished in the contest',proceedings.
<br /> Evidence of Payment.' Trustat shall upon demand furnish to Lender satisfacYory evidence of payment of the taxes'
<br /> oe assessments and shall authorize the appropriate govemmental official to deiiver to Lender at any time a written '
<br /> statement of the taxes and assessments against the Property,
<br /> Notice of Construction. Trustor shall notify Lender at ieast 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, ma#erialmen's lien, or'
<br /> othe� lien cauld be asserted on account af the work, Seruices,'or mate�iais. TrusYor will upon request of Lender'
<br /> furnish tp Lender aduance assurances satisfactory to Lender'that Trustor can and will pay the cost'of such
<br /> impr�vements.
<br /> PROPERTY DAd�€AGE INSURANCE: The following provisions relating to insu€ing the Property are a part of this'Qeed of'
<br /> Trust.
<br /> fietalntenance'of Msurance. Trustpr shall proeure and'rnai�tain'policies'of fire insurance with standard extended'
<br /> Coverage endorseme�ts on a fair value basis'for the full insurable value couering all Improvements on the Reai'
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee'
<br /> clause in favor of Lettder,together wi�h such other hazard and liability insurance as Leerdee may reasonably'require.'
<br /> Policies shall'be weitten in form, arrtout�ts, coverages and basis reasonably acceptable to Lendee and issued by a
<br /> company or cc�mpanies reasonably acceptable to Lender, Trustor, upon request of Lender, will delivsr ta Lender'
<br /> from time to'I#ime the poficies''or certificates vf insuranee in form satisfactory to'Lender,including'stipulations that'
<br /> coverages will not be'cancelled or diminished without at least thirty (3Q}'days prior written notice''to Lender. Each'
<br /> insurance policy also''shall include an endorsement providing thlat coverage in favor of Lender wilf not be impaired'
<br /> in any way by any act, omission or default of Trustor ar any other person. Should the Real Property be located in'
<br /> an area designated by the Admiaistrator of the Federal'Emergency Management'Agency'as a speeial flood hazard
<br /> area; Trustor agrees''to obtain and maintain Federal 'Flood Insurance,,'if available, for'the full'unpaid principai'
<br /> balanGe of the loan and any prior liens on the propetty securing'the loan;'up to the maximum poiiCy limits set under'
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