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DEED OF TRUST 201504543
<br /> (COntinued) Page 2
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and te:>ts, 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 inspections 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 person. The representations and warranties contained herein are based on l"rustor's due diligence in
<br /> investigating the Prope�rty for Hazardous Substances. Trustor hereby (1) releases and �roaives 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,damages, penalties, and expenses which Lender may directly or indirectly;sustain or suffer resulting from
<br /> a breach of this se�tion 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 inter��st in the Property,whether or
<br /> not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligatiora to indemnifiy and defend, shall survive the payment of the Indlebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lencler's acquisition of any interest
<br /> in ihe Property, whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor c;ommit, 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�vill 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 written consent.
<br /> Removal of Improveiments. Trustor shall not demolish or remove any Improvements From the Real Property without
<br /> Lender's prior writt��n 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 Irciprovements of at least equal
<br /> value.
<br /> lender's Right to Enter. Lender and Lender's agents and representatives may enter upor� the Real Property at all
<br /> reasonable times to a�ttend to Lender's interests and to inspect the Real Property fo� purposes of Trustor's
<br /> compliance with thc;terms and conditions of this Deed of Trust.
<br /> Compliance with Ciovr�rnmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applicable tc� the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law,ordinance,or regulation and wiihhold 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�auate security or a surety 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 shall do all other
<br /> acts, in addition to those acts set forth above in this section, which from the charac�ter and use of the Property are
<br /> reaso�ably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSEI�T BY LE�I�ER. Lender may, at Lender's option, declare immedi��tely clue 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 any interest in the Real Property. A "sale or transfer" means the conve:yance of Real Property or any
<br /> right, title or interest iri the Real Property; whether legal, beneficial or equitable; whe�ther voluntary or involuntary;
<br /> whether by outright sal�s, deed, installment sale contract, land contract, contract for deed, I�asehold interest with a
<br /> term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br /> or to any land trust holdling 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 federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIEN5. Th�e following provisions relating to the taxes and liens on the Prcperty are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shali pay when due (and in all events prior to delinquencyp all taxe�s, special taxes, assessments,
<br /> charges (including evater 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 i:o the Property. Trustor
<br /> snall maintain the Property free of all liens having p�iority over or equal to the intere:�t of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due, except for the Exi;�ting Indebtedness referred to
<br /> below,and except as c�therwise provided in this Deed of Trust.
<br /> Right to Contest. l'rustor may withhold payment of any tax, assessment, or claim iii 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 ��f nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or 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 c:harges that couid accrue as a
<br /> result of a foreclosure��r sale under the lien. In any contest, Trustor shall defend itse:lf and Lender and shall satisfy
<br /> any adverse judgme:nt f�efore enforcement against the Property. Trustor shall name I_ender as an additional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evicience of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental official to deliver to Lender 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 vvork 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 and the cost exceeds S t,000.00.
<br /> Trustor will upon re:quest of Lender furnish to Lender advance assurances satisfactc�ry to Lender that Trustor can
<br /> and will pay the cos,t of such improvements.
<br /> PROPERTY DAMAGE IIV:>UFiANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insuramce. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the #ull insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause, arid 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 writtee� in farm, amounts, coverages and basis reasonably acceptalole to Lender and issued by a
<br /> company or compai�ie;� reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
<br /> coverages will not kie cancelled or diminished without at least thirty (30)days prior�vritteri notice to Lender. Each
<br /> insurance policy also 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 designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard
<br /> area, Trustor agrees tm 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 Iiens on the property securing the Ioan, up to
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