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<br /> 201500164
<br /> DEED OF TRUST
<br /> Loan No: 6850311 (Continued) Page 2
<br /> authorized user of tha Property shal] use,generate; manufacture, store, treat,dispose of or release any Hazardous
<br /> Substance nn,under,about or from ihe Property;and (b) any such activity shal!be canducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ardinances, including without limitation ali
<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 deem appropriate to determine campliance of the
<br /> Property with this section ot the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purpases only and shall not be construed to create any responsibility or IiabiliEy on the part af Lersder to Tnastor or
<br /> to any other person. The represenkations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous 5ubstances. Trustor hereby (1) releases and waives any fufure elaims
<br /> against Lender for indemnity or contribution in the event TrusEor becomes liable for cleanup or other cosfs under
<br /> any such laws;and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> ]iabifities, damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resu]ting from
<br /> a breach of this section of the Deed of Trust or as a consequence pf any use, generation, manufacture, storage,
<br /> dispasal,release or threatened release occurring pripr to 7rustor's ownership or interest in the Property,whether or
<br /> not the same was or should have been known to Trustor. 7he provisions of this section of the Deed of 7rust,
<br /> including the obligation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall noi be affected by Lender's acquisitipn of any interest
<br /> in the Property,whether 6y foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conducf or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Property or aoy partion af ihe Property. Without ]imiting the generali�y of the
<br /> fpregoing, Trustor will not remove, or grant fo any nther party the right to remove, any iimber, minerals(including
<br /> oil and gas),coal,cfay,scoria,soil, gravel or rock producfs without Lender's prior written consent.
<br /> Removal of Improvements, Trustor shall not demalish or remove any Improvements from fhe Real F'roperty wiihout
<br /> Lender's prior written consent. As a condiiion to the removal of any Improvemsnts, Lender may require 7rustor to
<br /> make arrangements satisfactory to Lender to replace such �mprovemenfs with Improvements of ai least equal
<br /> �alue.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may entar upon ihe Real Property at all
<br /> reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br /> compliance with The terms and conditions of#his Deed of Trust.
<br /> Compiiance with Govemmental Requirements. Trustor shall prornptly camply with all laws, ordinances, and
<br /> regulations, now or hereaf#er in effect, of all governmenfal authorities applicable to the use or occupancy of the
<br /> Prnperty, including without limitation, the Americans With Disabilities Act. Trustor may cantest in good faith any
<br /> such law, ordinance, or regulatian and withhold compliance during any praceeding, including appropriate appeaEs,
<br /> so long as Trustor has natified Lender in writing prior to doing so and so long as, in Lender's sofe opinion,Lender's
<br /> interests in the Properly are nat jeopardized. Lender may require Trustor to post adequafe security or a surety
<br /> bond, reasonably satisfactory to Lender,to proiect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unatYended tha Property. Trustor shall do all other
<br /> acts, in addition to those acfs set forth above in this section,which from the character and use of the Property are
<br /> reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONS�NT BY LENDER. Lender may, at Lender's option,deolare immediately due and payab[e all sums
<br /> secured by this beed of Trust upon the sale or transfer, without Lender's prior wriiten consent, of alf or any part of lhe
<br /> Reaf Property, or any interest in khe Real Property. A "sale or transfer" means the.conveyance of Real Properry or any
<br /> right, Eitle or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by ouFright sale, deed, instalfinent sale contract, fand contract, cantract for deed, leasehold interest with a
<br /> term greater than ihree (3)years, lease-option contract, or by sale, assignment, or trans'fer of any beneficial interest in
<br /> or to any land trust halding title Yo the Real Property, or by any other method of conveyance of an interest in the Rea3
<br /> Property. Howevsr, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND lIENS. The following provisions relating to the taxes and liens on the Araperty are part o€ fhis �eed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due(and in afl events prior to delinquency)all taxes,special taxes, assessmenis,
<br /> charges (including water and sewer), fines and imposifions levied against or on account of the Properfy, and shalE
<br /> pay when due all claims for work done on or for services rendered or material fumished io the Property. 1"rustor
<br /> shall maintain the Property free of all liens ha�ing priority o�er or equal to the interest of L,ender under this �eed of
<br /> Trusi, except for the lien of taxes and assessments not due and except as otherwise provided in this Qeed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold payment of any iax,assessment,or claim 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 lien arises or
<br /> is filed as a result of nonpayment, 1"rustor shall within fifteen (15) days after the lien arises or, if a iien is filed,
<br /> wikhin fifteen (15) days after Trustor has notice of the filing, secure the discharge of ihe lien, or if requested by
<br /> Lender;deposit with Lender cash or a su�cient corporate surety bond or other security satisfectory ta Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys'fees, or other charges that cauld accrue as a
<br /> result of a foreclosure or sale under the lien. In any contest, Trustor shell defend itself and Lender and shall satisfy
<br /> any adverse judgment befpre enforcement against the Praperty. Trustor shall name Lender as an additional obligee
<br /> under any svrety bond furnished in the eontest proceedings.
<br /> E�idence af Payment. Trustar shall upan demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> ar assessments and shalf authorize the appropriate governmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Properry.
<br /> Notoee of Construction. Trustor shall notify Lender at feast fifteen (�15} days before any work is commenced, any
<br /> services are furnished,or any materials are supp�iec[to the Property, if any mechanic's lien, materialmen's lien, or
<br /> other Eien could be asserted on account of the work, services, or materials. Trusfor will upan request of Lender
<br /> furnish to �.ender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The folkowing provisions relating to insuring the Property are a parY of this Deed of
<br /> Trust.
<br /> IVlaintenance of Insurance. Trustor shall procure and mainfain po]icies of fire insurance with standard exiended
<br /> oo�erage endorsements on a replacemenk basis for the full insurable �alue covering all Imprvvements on Ehe Real
<br /> Froperly in an ambunf sufficient to avoid applicatian of any coinsurance dause, and with a standard mortgagee
<br /> clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in suah
<br /> ooverage arrtounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br /> liability insurance policies. Add9tionally, Tnistar shall maintain such other insurance, including but not limited to
<br /> hazard, business interruption, and bailer insurance, as Lender may reasonably require. Policies shall be wriften in
<br /> form, amounts, coverages and basis reasonably acceptable io Lender and issued by a company or companies
<br /> reasonably acceptable to Lender. Trustor, upon request of Lender, will deli�er to Lender from time ko tirr�e the
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