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DEED OF TRUST
<br />Loan No: 81007731 (Continued)
<br />2015 2095
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perfor all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During e period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatm t, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from t' e Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disc •sed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (•'! any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardou Substance
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) a y actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except :'- previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, a ent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release a Hazardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in co '•flance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without 1 itation all
<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 compl : nce of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be or Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender '. Trustor or
<br />to any other person. The representations and warranties contained herein are based on Trustor's du:' diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any ture claims
<br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all cl ims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer r ;suiting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufact re, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Propert whether or
<br />not the same was or should have been known to Trustor. The provisions of this section of the D: d of Trust,
<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 not be affected by Lender's acquisition o'' any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, suffer any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the gen rality of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, miner:' Is (including
<br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Pro ' -rty without
<br />Lender's prior written consent. As a condition to the removal of any Improvements, Lender may requi e Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of a least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real P Lperty at all
<br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes .f Trustor's
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ord ances, and
<br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occu ! ancy of the
<br />Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in g. faith any
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including approp ate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opin',.n, Lender's
<br />interests in the Property are not jeopardized. Lender may require Trustor to post adequate securit or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shal do all other
<br />acts, in addition to those acts set forth above in this section, which from the character and use of the u Property are
<br />reasonably necessary to protect and preserve the Property.
<br />Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used 'to construct
<br />or complete construction of any Improvements on the Property, the Improvements shall be completed o later than
<br />the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Trustor s ',: pay in full
<br />all costs and expenses in connection with the work. Lender will disburse loan proceeds under su terms and
<br />conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed if Trust shall
<br />have priority over all possible liens, including those of material suppliers and workmen. Lender may re uire, among
<br />other things, that disbursement requests be supported by receipted bills, expense affidavits, wai rs of liens,
<br />construction progress reports, and such other documentation as Lender may reasonably request.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and pay ble all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or a part of the
<br />Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Pr 'perty or any
<br />right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary o involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold in rest with a
<br />term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any benefic',.I interest in
<br />or to any land trust holding title to the Real Property, or by any other method of conveyance of an intere in the Real
<br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by fede ; I law or by
<br />Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of his Deed of
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, sseesments,
<br />charges (including water and sewer), fines and impositions levied against or on account of the Prope y, 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 unde this Deed of
<br />Trust, except for the lien of taxes and assessments not due and except as otherwise provided in his Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection wit a good faith
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a ien arises or
<br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if lien is filed,
<br />within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if equested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory t.;Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that coul accrue as a
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender an shall satisfy
<br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an addi ional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of paymen of the taxes
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