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201503431
<br /> DEED OF TRUST
<br /> (Continued) Page 2
<br /> EnvironmenFal Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and te:sts, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this section of the Deed of Trust. Any i�spections or tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br /> to any other p�:rson. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating ttie Property for Hazardous Substances. Trustor hereby (1) releases and waives any future 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 claims, losses,
<br /> liabilities, dam�iges, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br /> disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br /> not the same �,nras or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the o'oligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance i�f 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 or otherwise.
<br /> Nuisance, Wa::te. Trustor shall 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 Property. Without limiting the generality of the
<br /> foregoing, Tru:;tor �Nill not remove, or grant to any other party the right to remove, any timber, minerals (including
<br /> oil and gasl, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br /> Removal of Im��rovE;ments. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lender's prior wrritten consent. As a condition to the removal of any Improvements, Lender may require Trustor to
<br /> make arrangement:� satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the 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 this Deed of Trust.
<br /> Compliance wiith C9overnmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during
<br /> any proceeding, inc;luding appropriate appeals, so long as Trustor has notified 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 /> Trustor to post ade�quate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. 7rustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br /> acts, in addition to those acts 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 SAIE-CONSEINT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br /> Real Property, or ar�y inl:erest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any
<br /> right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than tfxee (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br /> or to any land trust holcling title to the Real Property, or by any other method of conveyance of an interest in the Real
<br /> Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federai law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. TFie following provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor s�hall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br /> charges (inclucing "vater 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 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 under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to
<br /> below, and except��s otherwise provided in this Deed of Trust.
<br /> Right to Conte:st. l-rustor may withhold payment of any tax, 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, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifteen (151 days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br /> Lender, deposit:witl� Lender cash or a sufficient corporate surety bond or other security satisfactory to lender in an
<br /> amount sufficie:nt ti� 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 lien. In any contest, Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse ju��gme�nt before enforcement against the Property. Trustor shall name Lender as an additional obiigee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Paymeint. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br /> or assessment;> ancl shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br /> statement of th�e ta;Kes and assessments against the Property.
<br /> Notice of Construci:ion. Trustor shall notify Lender at least fifteen (15) days befiore any work is commenced, any
<br /> services are furnish,ed, or any materials are supplied to the Property, if any mechanic's lien, materialmen°s lien, or
<br /> other lien could be asserted on account of the work, services, or materials and the cost exceeds S 1,000.00.
<br /> Trustor will upon rE:quest of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can
<br /> and will pay the co:�t of such improvements.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> clause in favor of L�ander, together with such other hazard and liability insurance as Lender may reasonably require.
<br /> Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> from time to tiime the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
<br /> coverages will not I�e cancelled or diminished without at least thirty 130) days prior written notice to Lender. Each
<br /> insurance policy al��o shall include an endorsement providing that coverage in favor of Lender will not be impaired
<br /> in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in
<br /> an area design,3ted by the Administrator of the Federal Emergency Management Agency as a special flood hazard
<br /> area, Trustor <3gree:s to obtain and maintain Federal Flood Insurance, if available, for the maximum amount of
<br /> Trustor's credit: line and the full unpaid principal balance of any prior liens on the property securing the loan, up to
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