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- <br /> I DE Con�t nuedlST � � � �� � � � � page 2 <br /> treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental <br /> Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as <br /> Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br /> Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event <br /> Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and <br /> hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of <br /> Trust. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction <br /> of this Deed of Trust. <br /> DUE ON SALE- CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums <br /> secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the <br /> Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any <br /> right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; <br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a <br /> term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in <br /> or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real <br /> Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in <br /> ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company <br /> interests, as the case may be, of such Trustor. However, this option shall not be exercised by Lender if such exercise <br /> is prohibited by federal law or by Nebraska law. <br /> TAXES AND LIENS. The following 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, 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 claims for work done on or for services rendered or material furnished to the Property. Trustor <br /> shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of <br /> Trust, excepi for the lien 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 /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of <br /> Trust. <br /> Mairttena�ce of Insurance. 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 all Improvements on the Real <br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee <br /> clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such <br /> coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such <br /> liability insurance policies. Additionally, 7rustor shall maintain such other insurance, including but not limited to <br /> hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in <br /> form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies <br /> reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the <br /> policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages wi11 not be <br /> cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also <br /> shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, <br /> omission or default of Trustor or any other person. Should the Real Property be located in an area designated by <br /> the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to <br />' obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any <br /> prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood <br /> Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. <br /> LENpER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in <br /> the Property or if Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including <br /> but not limited to Trustor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as <br /> required below, or to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of <br /> Trust or any Related Documenis, Lender on Trustor's behalf may (but shall not be obligated to) take any action that <br /> Lender deems appropriate on the Property and paying all costs for insuring, maintaining and preserving the Property. All <br /> such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the <br /> Note from the date incurred or paid by Lender to the date of repayment by Trustor. All sucfi expenses will become a <br /> part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the <br /> Note and be apportioned among and be payable with any installment payments to become due during either (t) the <br /> term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment <br /> which will be due and payable at the Note's maturity. <br /> WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed <br /> of Trust: <br /> Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, <br /> free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the <br /> Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor <br /> of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the ful! right, power, and <br /> authority to execute and deliver this Deed of Trust to Lender. <br /> Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will torever defend the <br /> title to the Property against the lawful claims of all persons. <br /> EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br /> Existing Lien. The lien of this Deed of Trusi securing the Indebtedness may be secondary and inferior to an <br /> existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness <br /> and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, <br /> or any default under any security documents for such indebtedness. <br /> EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed <br /> of Trust: <br /> Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br /> Other Default. Trustor fails to comply with any other term, obligation, covenant or condition contained in this Deed <br /> of Trust or in any of the Related Documents. <br /> Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this <br /> Deed of Trust, the Note or in any of the Related Documents. <br /> Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment <br /> for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lie�. <br /> Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, <br />