|
- 12-28-1999 DEED OF TRUST Page 3
<br /> Loan No 765972 (cont�nued) `�.O O:�.Q;O�p � � :
<br /> disclosed to and acknowledged by Lender in writlng, (i)any use,peneradon,manufacture,storage,�rea�men't,d�p.osal,release,or threatened
<br /> release of any hazardous waste or substance on,under,about or irom the Property by any prior owners or occupanis of the Property or (ii)any
<br /> actual or threatened IitigaHon or claims of any kind by any person relatlng to such matters; and (c) Except as previously disclosed to and
<br /> acknowledged by Lender in writing, (q neither Trustor nor any tenant, contractor, agent or other autho�ized user of the Property shall use,
<br /> generate,manufacture,store,treat,dispose of,or release any hezardous waste or substance on,under,about or firom the Property and (ii)any
<br /> such activity shall be conducted in compiiance with all applicable federal,state,and local laws, regulatlons and ordinances, including without
<br /> IimitaHon those laws, reguladons, and ordinances described above. Trustor authorizes Lender and Ks agents to enter upon the Property to
<br /> make such inspecdons and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with this
<br /> section of the Deed of Trust. Any inspecHons or tests made by Lender shall be for Lender's purposes only and shall not be construed to create
<br /> any responsibility or liability on the part of Lender to Trustor or to any other person. The representadons and warranties contained herein are
<br /> based on Trustor's due diligence in invesHgaHng the Property for hazardous waste and hazardous substances. Trustor hereby (a)releases and
<br /> waives any future claims against Lender for indemniy or conMbution in the event Trustor becomes Ifable for cleanup or other costs under any
<br /> such laws, and (b) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and :
<br /> expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
<br /> consequence of any use,generaHon, manufacture,storage,dfsposal,release or threatened release of a hazardous waste or substance on the
<br /> properties. The provisions of this secHon of the Deed of Trust, Inciuding the obligation to indemniy, shall suMve the payment of the
<br /> Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any
<br /> interest in the Property,whether by foreclosure or otherwise.
<br /> Nuisance,Wasie. Trustor shall not cause,conduct or permit any nuisance nor commit,p�mit,or suffer any stripping of or waste on or to the
<br /> Property or any portion of the Property. Without Ifmiting the generality of the foregoMg,Trustor will not remove,or grant to any other party the
<br /> right to remove,any timber,minerais(inciuding oil and gas),sdl,gravel or rxk products without the p�lor written conse�t of Lender.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior written consent
<br /> of Lender. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br /> replace such Improvements with Improvements of at least equal value.
<br /> Lender's Rlght to Enter. lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to
<br /> Lender's interests and to inspect the Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall prompUy comply with all laws,ordinances,and regulations, now or hereafter in
<br /> effect, of all governmental authorities appltcable to the use or occupancy of the Properly, including without limitatlon, the Americans With
<br /> Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
<br /> including approprlate appeals, so long as Trustor has noNHed Lender in writing prior to doing so and so long as, in Lenders sole opinion,
<br /> Lender's interests in the Property are not Jeopardized. Lender may require Trustor to post adequate securiiy or a surety bond, reasonably
<br /> satisfactory to Lender,to protect Lender's interest. '
<br /> Duty 10 Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts,in addidon to those acts
<br /> set forth above fn this section,which irom the character and use of the Property are reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE—CONSENT BY LENDER. Lender may,at its option,dedare immediately due and payable all sums secured by this Deed of Trust
<br /> upon the sale or transfer,without the Lender's prior written consent, of all or any part of the Real Properly,or any interest in the Real Property. A
<br /> "sale or transfer"means the conveyance of Real Property or any right,tltle or interest therein;whether legal,bene8cial or equitable;whether voluntary
<br /> or involuntary;whether by outright sale, deed,fnstaYment sale contract,land contract,contract for deed,leasehold interest wRh a term greater than
<br /> three (3) years, leasa-option contract, or by sale, assignment, or transfer of any beneflcia� interest in or to any land trust holding tiUe to the Real
<br /> Property, or by any other method of conveyance of Resl Property interest. If any Trustor is a corporation,partnership or limited liability company, :
<br /> transfer also includes any change in ownership of more than twenty—five percent(25%) of the voting stock, partnership interests or limited liability
<br /> company interests,as the case may be, of Trustor. However, this opHon shall not be exercised by Lender if such exercise is prohibited by federal
<br /> law or by Nebraska law. :
<br /> TAXES AND LIENS. The following provisions relating to the texes and liens on the Property are a part of this Desd of Trust.
<br /> Payment. Trustor shall pay when due(and in all events prior to delinquency)all taxes,special texes, assessmenls,charges(including water
<br /> and sewer), flnes and imposltions levied against or on axount of the Property, and shall pay when due all clafms for work done on or for
<br /> services rendered or material fumished to the Property. Tnistor shall maintain the Properiy free of aU liens havinp priority over or equal to the
<br /> intere�t of Lender under tMs Deed ofi Trust,except for the lien of taxes an�assassmenls net-due;eoccept for the e�dsHng indebtedness referred
<br /> to below,and except as otherwise provided in this Deed of Trust.
<br /> Rlyht To Contes:. Trustor may withhold payment of any tax,assessment,or claim in connection with a good falth dispute over the obligation
<br /> to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of.nonpayment,Trustor shall within
<br /> fifteen (15)days after the lien arises or,if a lien is filed,within fiReen(15)days after Trustor has notice of the filing,secure the discharge of the
<br /> lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satlsfactory to Lender in an '-
<br /> amouM su�icient to discharge the lien plus any costs and altorneys'fees or other charges that could accrue as a result of a foreclosure or sale '_
<br /> under the lien. In any contest,Trustor shall defend itself and Lender and shall satisy any adverse judgment before enforcement against the
<br /> Property. Trustor shall name Lender as an addiHonal obligee under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender setisfectory evidence of payment of the taxes or assessments and shall s:
<br /> authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the 9_
<br /> Property. :
<br /> Notice of Construction. Trustor shall notiy Lender at least flfteen(15)days before any work is commenced,any services are furNshed,or any
<br /> materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other Ifen could be asserted on account of the work,
<br /> services,or materials. Trustor will upon request of Lender fumish tq Lender advance assurances satlsfactory to Lender that Trustor can and will
<br /> pay the cost of such improvements.
<br /> PROPERTY DAMAGE INSURANCE. The fdlowing provisions relatlng to insuring the Property are a part of fhis Deed of Trust.
<br /> Maintenance of Insurance. Trustor shall procure and meintafn pdicies of flre insurance with standard extended coverage endorsements on a
<br /> replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
<br /> coinsurance clause,and with a standard mortgagee clause in favor of Lender. Trustor shall also procure and maintain comprehensive general
<br /> liability insurance in such coverage amounts as Lender may request with irustee and Lender being named as additional insureds in such liability :
<br /> insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to hazard, business interruption, and
<br />
|