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201504404
<br /> DEED OF TRUST
<br /> (Continued) Page 2
<br /> (2) Trustor has no knowledge of, or reason to believe that there has been, except a<.o previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environn•iental Laws, (b) any use,
<br /> generation, manufacture, storage, treatment, disposal, release or threatened release af any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of the Praperty, or 1c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; arid (3) Except as previously
<br /> disclosed tc�and acknowledged by Lender in writing, (a) neither Trustor nor any tenarrt, contractor, agent or other
<br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br /> Substance on, under, about or from the Property; and (b) any such activity:>hall be c��nducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation 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 cletermine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by iLender shall be for Lender's
<br /> purposes only and shall not be consirued to create any responsibility or liability on the part of Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigatinr� the Property for Hazardous Substances. Trustor hereby (1) releases a�nd waives any future daims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for c:leanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless Len��er again:>t any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly su:stain 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 ihe Property, whether or
<br /> not the same was or should have been known to Trustor. The provisions of this se:ction of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shall survive the payment of the Indel:�tedness and the satisfaction
<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 or otherwise.
<br /> Nuisance, VNaste. Trustor shall not cause, conduct or permit any nuisance nor coinmit, 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, Trustor 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,gravel or rock products without Lender's prior writi:en�onsent.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements frc;�m the Real Property without
<br /> Lender's prior written consent. As a condition to the removal of any Improve:ments, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Improvements with Impirovements of at least equal
<br /> value.
<br /> Lender's Ri�ht to Enter. Lender and Lender's agents and representatives may enter uipon 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 with Governmental Requirements. Trustor shall promptly cornply witl•i a[I laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applic:able to the use or occupancy of the
<br /> Property, including without limitation, the Americans With Disabilities Act. T'rustor may contest in good faith any
<br /> such law, ordinance, or regulation and withhold compliance during any proceeding, iricluding appropriate appeals,
<br /> so long as 7"rustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post aclequate security 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 thc: Property�. Trustor shall do ail other
<br /> acts, in addition to those acts set`orth 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-CONSENT BY LENDER. Lender may, at Lender's option, declare immediatcly due and payable aii sums
<br /> secured by this [)eed of Trust upon the sale or transfer,without Lender's prior wr'rtten consent, of all or any part of the
<br /> Real Property, or any interest in the Real Property. A "sale or transfer" means the convey<�nce of Real Property or any
<br /> right, title or interest in the Real Property; whether legal, beneficial or equitabte; 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 thai�three (3) years, lease-option contract, or by sale, assignment, or transfeu• of any beneficial interest in
<br /> or to any land trust holding 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 prohibi#ed by federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Prope:rty are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br /> charges lincluding water and sewer), fines and impositions levied against or on accoui�t of the Property, and shall
<br /> pay when due all claims for work done on or for services rendered or material furnish{ed to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority over or equal to the interest��f Lender under this Deed of
<br /> Trust, exce��t for the lien of taxes and assessments not due and except a:s otherwose provided in this Deed of
<br /> Trust.
<br /> Aight to Contest. Trustor may withhold payment of any tax, assessment, or ciaim in c;onnection with a good faith
<br /> dispute over the obligation to pay, so long as Lender's interest in the Propert�r is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fifteen (151 days after the Iiei� aeises or, if a Iien is filed,
<br /> within fifteen (15} days after Trustor has notice of the filing, secure the disr,harge of the lien, or if requested by
<br /> Lender,depr�sit 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 ch<3rges that could accrue as a
<br /> result of a foreclosure or sale under the lien, In any contest,Trustor sha�I defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any s`�rety bond fumished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactary evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental official to d�sliver to I..ender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br /> services are furnished, 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. Trustor will upon request of Lender
<br /> furnish to l.ender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring tl�e Property are a pari of this Deed of
<br /> Trust.
<br /> Maintenancij of Insurance. Trustor shall procure and maintain policies of fire insura2ice with standard extended
<br /> coverage er�dorsements on a replacement basis for the full insurable value c��vering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
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