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201500967
<br /> DEED O� TRUST
<br /> Loan No: 8�2059959 (COntinU�d) Page 2
<br /> disclosed to end acknowledged by Lender in writing, (a] neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property shaU use, generate, manufacture, sYore, treat, dispose of or release any Hazardous
<br /> Suhstance on, under, about or from the Property; and (b) any such activity shall be conducted in cornpliance with
<br /> afl applicable federal, state, and lacal laws, regulations and ordinances, including without IimitaEion al[
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections a�d te5t5, dt 3rustor's expense, as Lender may deem appropriate to determine compliance o'f the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made hy Lender shall E�e for Lender's
<br /> purposes an[y and shall not be construed to create any responsi5i€ity or liability on the part of Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are hased on Trusior's due diligence in
<br /> investigating the Property for F€azardous Substa�ces. Trustor hereby f1) releases ar�d waives any feature claims
<br /> against Lender for inderrenity or contr�6ution in the evert Trustor becomes 1ia61e for cleanup or other costs under
<br /> any such laws; and {21 agrees to indemroify, defersd, and hold harmless Lender against any and all claims, losses,
<br /> liabi[ities, damages, penalties, and expenses whicf� Lender may directly or indirectly sustain or sui-Fer resu[ting from
<br /> a breach of Lhis section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release or#hrea#ened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br /> not the same was or should have been known to Trustor_ The provisivns vf this sectivn of the deed vf Trust,
<br /> including ghe abligation to inderr�nify and defend, sha[I survive the payment of the Indebtedness and the satisfactian
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any intere&t
<br /> in the Property, whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct ar permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to Yhe Property or any portion of the Property. Withoe�t iimiting tE�e generality of t�e
<br /> foregoing, Trustar will no# remove, pr grant to any o#her party tE�e right to remave, any timber, minerals linduding
<br /> oi[and gas), coaE, day,scoria, soil, gravel or roc[c products without Lender's prior written consent.
<br /> Removal af Improvemerrts. Tsustor shall not demolish or remove any ImproverrEents#rom the Real Property without
<br /> Lender's prior written consent. As a condition to the ramoval of any Imprvvements, Lender may require Trustor tv
<br /> malce arrangements satisfiactory to Lender to replace such Improvements with Emprovements of at ]east equa[
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br /> reasonab[e times to attend to Lender's interests and to inspect the Real Property for purposes of Tr�astor's
<br /> compliance with the terms and co�diiions of this Qeed of Trust.
<br /> Compliance with Gouernmer�tal Requirements. Trustor shall prompt[y comply with al] laws, ordinances, and
<br /> regulations, now os hereafter in effecY, of all governmenta[ authorities app[icable to the use or accupancy of the
<br /> Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during
<br /> any proceeding, includ"sng appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br /> and so [ong as, in Lender's sole opinion, Lender's interests in tha Properly are not jeopardized. Lender may require
<br /> Trus#or io post adequate security or a surety bond, reasonably satisfactory to �ender, to protect Lender's interest.
<br /> Du#y ta �rotect. Trustor agrees ne's#her to abandon or leave unattended tF�e Property. Trustor shali do a€I other
<br /> acts, in addition to those acts set forth above in this section, which from the character and use of the €'roperty are
<br /> reasonably necessary to protect and preser�e the Property.
<br /> DUE O[H SALE -CONS�NT BY �.ENDER. Lender may, at Lender's option, declare immediateEy due and payable all sums
<br /> secured by this Deed of�rust upon the safe or transfer, without Lender's prior written consent, of all pr any part of the
<br /> Real Property, or any interest 9n the Rea[ Property. A "sale or transfer" means the conveyance of Rea1 Property or any
<br /> right, title Qr interest in the Real Property; whether [egal, beneficia3 or equitable; WIIELEIEf valuntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, ]and contract, contract for deed, leasehold interest with a
<br /> terrr� greater than three (3} years, Eease-option contract, or by sale, assignment, or transfer of any 6eneficial i�terest in
<br /> or to any land trust ho[ding title to the Reai Property, or !�y any other method of con�eyance of an interest in the Real
<br /> Property. However, this option shal[ not be exercised by Lender if such exercise is prohi6ited by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LlEl1[S. 7he fol3owing provisions relating to #he taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shal] pay when due (and in all events prior to delinquency) al]taxes, special taxes, assessrrients,
<br /> charges (including water and sewer), fines and impasitions [evied against or on account of the Property, and shall
<br /> pay when due all claims for work done on or€or services rendered or maierial fum€shed to the Property. 7rustor
<br /> shall maintain the Property free of all liens having prior'sty oves or equal to the interest of Lender under this �]eed of
<br /> Trust, except 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 af Trust.
<br /> Right to Contest. Trustar may withho[d payment of any tax, assessment, or claim in connection with a good faith
<br /> dispute oves 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, Trustor shall within fifteen (15} days after the lien arises or, if a lien is fifed,
<br /> wi#hin fifteen {15} days after Trustor has notice of the fi[ing, secure tf�e discharge of the lien, pr if requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a foreclosure or sale under the lian. fn any contest,Trustor shall defend itself and Lender and sha[I satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond fumished in the cantest proceedings.
<br /> Evidenae of Payment. Trustor shall upon demand fumish to Lender satisfactory evidence of payrr�ent of the taxes
<br /> or assessments a�d shall authorize the appropriate governmental officia[ to deliver to Lender at any Yime a written
<br /> statement af the taxes and assessments against the Property.
<br /> Notice of Construction. Trustor shall notify Lender at least fifteen i15] days before any work is commer�ced, any
<br /> services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialme�'s ]ien, or
<br /> other lien could ba asserted on account of the wor[c, services, or materials. Trustor will upon request of Lender
<br /> furnish co Lender advanee assurances satisfactory to Lender that Trustor can and wilf pay ihe cost of such
<br /> improvements.
<br /> PRdPERTY DANfAGE 1NSUFtANCE. The fiollowing provisions relating to insuring ihe Property are a part of this Deed of
<br /> Trust.
<br /> Maintenamce of Insurance. Tr�stor shall procure and maintain polic€es of fire insurance with standard extended
<br /> co�erage endorsements on a replacerrsent basis €or the full insurable vafue covering all lmprovements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance c[ause, and with a standard mprtgagee
<br /> clause in favor of Lender, together with such other hazard and fiability insurance as Lender may reasonably require.
<br /> Policies shal] be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br /> campany or companies reasonably acceptable to Lender. Trustor, upon sequest of Lendes, will deliver to Lender
<br /> from time to time the policies or certificates of'snsurance ir� form satisfactory to Lender, including stipulations that
<br /> co�erages will not be cancelled or diminished without at least ten i1DJ days prior written notice to Lender. Each
<br /> insurance policy also shall include an endorsement pro�iding that coverage in favor of Lenc€er wilf not he impaired
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