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201500950
<br /> D�ED �F TRUST
<br /> Loan I�fo: S�2059395 (Continued) Page 2
<br /> disc]osed to and acknowledged by Lender in writing, (a1 rieither Trustor nor any tenant, contractor, agent or other
<br /> authorizecl user of the PropBrty shal] use, generate, manufacture, stare, ireai, dispose of or release any Hazardous
<br /> Substance on, under, about or fram the Property; and {b} any such activity shall be conducted in compliance with
<br /> all app]fcable federal, state, and local laws, regulations and ordinances, in�luding without limitation all
<br /> En�ironmentaf Laws. Trustor authorizes Lender and its agents to enter upon the Property ta rr�ake such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with tE�is se�tion of the Deed of Trust. Any inspections or tests made by Le�der shall be for Lender`s
<br /> purposes only and sha11 not be co�strued to create any responsibility or liabi[ity nn the parc of Lender m �rustor or
<br /> to any other person. 7he representations and warranties contained herein are 6ased on Trusior's due diligence in
<br /> investigating #he Propesty for Hazardous Substances. 7rustor here6y (11 releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event�'rustor becomes liable for cleanup or ather costs under
<br /> any such laws; and {Z) agrees io indemnify, defend, and hold harmless Lender against any and all c[aims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this section of the Deed ofi 7rust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release or threatened release occurrsng prior to Trustor`s ownership or interest 9n the Property, whether or
<br /> not the same was or should have been known to Trustor. The prov'ssions af this section of the Deed o� Trust,
<br /> including the obligation to indemnify and defend, shall surviva the payment of the Indeiotedness and the sa'Cisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Property, whether by foreclosure ar otherwise.
<br /> Huisance, Waste. Trvstar shalt not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of the ProperEy. Without limiting the generafity of the
<br /> foregoing, �rustor will not remove, or grant to any other party the right to remove, any timber, minerals {including
<br /> oil and gas}, coal, clay,scoria, soil, gra�e]or rocK products without Lender's prior wrirten consenz.
<br /> Remo�al o�Impro�ements. Trustor shaEl not demo[ish or remove any Improvements from the Real Property without
<br /> Lender's prior written consent. As a condition to the remo�al of any Improvements, Lender may require Trustor to
<br /> make arrangements sa#isfactory to Lender to replace such Improvements with lmprovements of at least equal
<br /> value.
<br /> Lender's 6iight to Enter. Lender and Lender's agants and representatives may enter upon the Real Property at ap
<br /> reasonable times to attend xo Lender's interesis and to inspect the Reai Property for purposes of Trustor's
<br /> compliance with the terms and conditions of this Qeed of 7rust.
<br /> Compliance with Governmentai Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulatians, now or hereafter in effect, of aU gouernmenta] autf�orities applicab[e io the use or occupancy of the
<br /> Property. 7rustor may contest in good fiaith any such law, ordinance, or regulation and withhold compliance dur'sng
<br /> any proceeding, including appropriate appeals, so ]ong as Tsustor has noti�ied 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 /> Truscor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br /> Doty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br /> acts, in addition ta those acts set forth above in tF�is section, which from the character and use of the Property are
<br /> reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALF -CONSENT BY lEN�ER. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the safe or transfer, without Lender's prior written consenT, of all or any part o4 the
<br /> Rea1 Froperty, ar any interest in the Real Property. A "sale or transfes" means the conveyance of�ieal Property or any
<br /> right, title or interest in the Real Property; whether EegaE, beneficial or equitable; whetlzer voluntary or involuntary;
<br /> whether by outright sale, deed, instal[ment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three I3} years, Eease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br /> or Eo any land #rust ho[ding title to the Reaf Property, or by any other method of conveyance oir an interest in tE�e Rea1
<br /> Property. However, this option shal[ not be exercised by lender if such exescise is prohibited by federa] ]aw or 6y
<br /> Nebraska law.
<br /> TAXES AND L1E[1[S. The fol]owing provisions relating to the taxes and liens or� the Property are part of this Deed of
<br /> 7rust:
<br /> Paymerrt. Trustor shal] pay when due {and in all events psior to delinquency) all taxes, specia[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 ser�ices rendered or material furnished to the Property. Trustor
<br /> shall maintain the Proper#y free of a[I liens having priority over or equa] to the interest of Lender under this Deed of
<br /> Trust, except for the lie� of #axes and assessments not due and except as otherwise pro�ided in this Deed ot
<br /> 7rust.
<br /> Right to Contesi. Trustor rreay withhold payment of any tax, assessment, or claim in cannection with a good faith
<br /> dispute over ti�e ob[igation to pay, so Song as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor sha[I within fiiteen {15} days after the iien arises or, if a 3ien is filed,
<br /> within fifiteen [15f days after Trus#or has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash ar a sufficient corporate susety bond or other security satisfactory to LencEer in an
<br /> amount sufficient to discharga the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a foreclasure or sa[e under the lien. In any contest,Trustor shalf defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcemsnt against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surecy bond furnished in the contest proceedings.
<br /> E�idence af Payment. Trustor sha[I upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental official to deliver to Lendes at any time a written
<br /> statemeni of the taxes and assessments against ths Property.
<br /> Not9ce of Construction. Trustor sha[I notify Lender at least fifteen [l6} days before any wor[c is commenced, any
<br /> services are furnished, or any materia[s are supplied to tha Property, if any mechanic's lien, materialmen's lien, or
<br /> other lien could be asserted on account of the work, services, or materials. Trustor will upon request af lender
<br /> fumish to Lender advance assurances satisfactory to Lender that Trustor can and wifl pay the cost of such
<br /> improvements.
<br /> PRpP�R7Y DAMAGE INSURANCE. The following pravisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Ma9ntenance of Insarance. 7rustor shall procure and maintain policies of fire insurance with sTandard extended
<br /> co�erage endorsements on a replacement basis for the fuEl insurable value covering alE Improvements on the Real
<br /> Property in an amount sufficient to avoid appGcation of any coinsurance clause, and with a standard mortgagee
<br /> clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require.
<br /> Policies shall be written in form, amounts, ca�erages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonab[y acceptabfe to Lender. Trus�tor, upon request of Lender, will deliver to Lender
<br /> from time to time the policies or certificates o€ iRsurance in form satisfactory to Lender, including stipulations that
<br /> coverages will not be cancel[ed or diminished without at [east ten {10} days priar wri#ten notice to Lender. Each
<br /> insurance policy also sha[I include an endorserr�ent providing that coverage in favor of Lender will nat be impaired
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