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� . Z�15�531�
<br /> [�EED aF TRUST
<br /> � �Continued� Page �
<br /> , Campliance With Env�ranrnental Laws. Trust�r represents and warrants to Lender that: 41 f Quring the period af
<br /> Trustor's vwnership o�the Property,there hlas been no use, generation, manufacture,starage, tr�atment, d�sposa�,
<br /> release or threa�ened'release o� any Hazard�us Substanc� hy any p�rs�n on, under, about or from the Property;
<br /> �2} Trus�t�r has n❑ kn�wledge of, ar reason to belie�e that there has heen, except as pre�ivusly disclvsed to and
<br /> acknor►vledged by Lender in writing. �a� 'any breach or �ivlation vf any En�irvnmental Laws, �h� any use.
<br /> generat�fln, manufacture, starage. treatment, disposal,�release or threatened release of any Ha�ardaus Substance
<br /> on, under, about or frorn the Property by any prior vwners or occupants ❑f th� Property, vr {cf any actual or
<br /> threatened litigatian or claims of any kind by any persan relating tv such matters; and �3� Excspt as pr��iausly
<br /> dis�ivsed to and acknowledged by Lender in!writing, 4a= neither Trustar nor any tenant,cantractvr, agent or ather
<br /> authorized user af the Praperty shall use. generate, manu#a�ture, sto�e,trea#, dispose of vr r�i�ase any Hazardous
<br /> � Substance on. under, about or#rom the Property; and (by any su�h acti�ity shall he conducted in cvmpliance with
<br /> all applicable federal, state, and Iocal #aws, regc�lations and �rdinances, including without limitation a�l
<br /> En�ironmenta� Laws. Trustar authariz�s Lendgr and its agents t❑ enter upan th� Property t❑ make such
<br /> inspe�tions and testst at Trustor's expense, as Lende� may deem appropria�e to determine �ompliance o� the
<br /> Property with this sectian a� the Deed flf Trust. Any inspectinns ❑r tests made by Lender shall be for Lender's
<br /> � purp�ses only and shall not he cvnstrued to create any respansibility or liabili#y an the part of Lendgr to Trustor or
<br /> ta any vther person. Ths representat�ons �n� warranties cvntained herein are based on Trustor's due diligence in
<br /> in�estigating the Praperty for Hazardflus Substances. Trustvr hereby �'1 y releases and wai�es any future claims
<br /> against Lender far indemnity or contribution in the e�ent Trustor he�ornes liable for c�eanup ar other�osts under
<br /> any such laws; and ��� agc�es ta indemni�y, defend, and ho�d harmiess Lender against any and all�faimsr IU55Pr5�
<br /> liabilities,damages,penaities,and expenses which Lender m�y directly or indire�tly sustain or suffer resuiting frarn
<br /> a breach o#th�s section ❑f the Deed vf Trus�ar as a consequence vf any use, gsneratian, manufacture, storage,
<br /> disposal, release vr threatened release accurring prior to Trustor's awnership or interest in the Property, whe#her or
<br /> not the same was ar sh�uld ha�e been kn�wn t� Trustor. The prv�isivns of this sectian of the f]eed �f Trust,
<br /> �nclud�ng the ahligati�n tv indemnify and defend, shall sur�i�e the payment of the Indebtedness and th�satisfactivn
<br /> and recon�eyance a�the lien of this Deed of Trust and shall not he affected by L�nder's acquts�tion❑f any interest
<br /> in the Property, whether by foreclosure or other►n►ise.
<br /> Nuisance, Waste. Trustor shelf nflt cause, conduct �r permit eny nuisan�e no� cvrnmit, permit, or suffe�- any
<br /> stripping af vr weste on o�ta the Property or any portion o#the Praperty. 1Nith�ut iimiting tha generaf�ty o#the
<br /> foregoing, Trus#ar wii! not rerno�e, or grant to any other party the right'#o remo�e, any timber. minerals �including
<br /> oil and gasy,caa�, clay,scvria, sail,gra�el❑r rock produ�ts without Lender's prior written cvnsen#.
<br /> Rsmo�a[a�lmpro�emants. Trustor shal[not demolish ar remo�e any fmpro�ements from the Real Prnperty without
<br /> Lender's prior written consen#. As a condi#Fon to the remo�a�vf any Impro�em�nts. Lender rnay require Trustor ta
<br /> make arrangements satisfactary ta Lender to r�pface such Impro�ernents with fmpro�ements af at least equai
<br /> ►►alue.
<br /> M Lender`s Right tv Enter. Lender and Lender's agents and representatives may enter upvn th� Real Praperty at all
<br /> � reasanab�e times tv attend to Lender's interests and to inspect the Real Property for purpases o� Trustor's
<br /> campfiance with the terrns and conditions of this Deed of Trust.
<br /> Compliance with Go�arnmsntal Requirements. Trustor sha�i prompt�y Gomply wEth al! laws, ❑rdinances, and
<br /> regu�ativns. now or hereafter in effect, o� all go�ernmentai authorities applicable to �he use or occupancy ❑f the
<br /> Property, including without limitatian, the Americans With Disa�ilities Act. Trustvr may contest in gnod faith any
<br /> such law, ordinance, or regulation and withhold cornpliance during any prviceeding. including appropriate appeals,
<br /> sa long as Trustor has notified Lgnder in writing pr�o�t�daing sa end so long as,in Lender's sole opinian, Lender's
<br /> interests in the Prvperty are nat jeopardized. Lender rnay requ+re Trustor to post adequate security ❑r a surety
<br /> bond, reasonabfy satisfactory to Lender,ta pratsct Lender's interest.
<br /> Quty to Prota�t. Trustor a9rees neither ta abandon or lea�e unattended the Proper�y. Trustar sha�l do ell other
<br /> acts, in addition to thvse acts set farth aho�e in this section, whi�h from the character�nd use vf the�roperty are
<br /> reasonably n��essary to protect and preser�e the Property.
<br /> � Canstruction Lvan. I#some v�afI a�the pro��eds of the loan creating the Indebtedness are to be used to construct
<br /> ar cvmplete canstruGtivn of any lmprv�ements on the Praperty,the impra�ements shali be campleted nv later than
<br /> the maturity date�f the Nate �ar such earlier date as Lender may reasonahly establishy and Trustvr shal�pay tn full
<br /> all costs and expenses in connection with the wvrk. Lender wil� disburse Ioan proceeds under su�h terms and
<br /> condi�ians as Lender may deern reasanahly ne�essary to insure that the interest crea#ed by this Deed af Trust sha#I
<br /> ha�e priority o�er aii pvssible i�ens, including those af rnateria!supp�iers and workmen. Lender rnay require,among
<br /> ather thingsr that disbursement r�quests be suppvrted by receipted bi11s, expense affida�its, wai�ers of fiens,
<br /> construction p�ogress r�ports, and such other dQcumentation as Lender may re�sonably request.
<br /> DUE dN SALE-C�NSENT BY LENDER. Lender may, �t Lender's option,declare imrnediately due and payable all sums
<br /> se�ured hy this Deed of Trust upon the sale or transfer,without Lender's prior written consent,of al�or any part❑f the
<br /> Reei Property.or any interest�n the R�al Praperty. A "sale ar trans#e�" means the cvn�eyance of Real Property ❑r any
<br /> right� title �r intere�t in the Re�l Property; whether I�gsl, b�neficial �r equit�bie; whether �vluntery o� in�olunt�rY;
<br /> whether by outright sa1e. deed, installrngnt salg cantract, I�nd contrect, contract for deed, leasehold interest with �
<br /> term greater than three �3y yea�s. lease-�ptifln cantract, ar by sale. assignment. ar transfer of any beneficial interest in
<br /> or tv any land trust holding title to the Real Property, vr hy any other method af can�eyance of an interest in the R�al
<br /> Praperty. if any Trustar is a carpo�at�vn. partnership vr�irnited liebility company, transfer alsv Enclu�les any change in
<br /> awnership of more than twen#y-#i�e percent��5°la� of the�oting stock, partne�ship interests or lirnited liahility cvmpany
<br /> + i�tere5t5, as the case may be. of such Trustor. Howe�er, this opiion sha11 not be exercised by �ender if such exercise
<br /> is prohihited by federal law or by Nebraska 1aw.
<br /> " TAXES AND LlENS. The fo�lowing provisions �elating ta the taxes and Iiens on the P�operty are part ❑f this Deed of
<br /> T�ust: '
<br /> Payment. Trustor sha[I pay when due �and in all events priar tv de�inquen�yf all taxes� special taxes�assessments,
<br /> charges �including water and sewer�, fines and impos�tivns le�ied aga�nst vr on account vf the Property, and sha�i
<br /> pay when due ali claims for wvrk done nn ar for services rendered or material furnished ta the Property. Trustar
<br /> shall rnaintain the Prvperty�ree af all liens ha�ing�riarity v�er or equal to the interest af Lender under this Deed of
<br /> Trust. except #or the lien ❑f texes �nd assgssments not due end except as otherwise prv�kded in this ❑esd ❑�
<br /> Trust.
<br /> Right to Contest. Trust�r may w�thhold payment o#any tax, assessment, or claim in connection with a gaod faith
<br /> dispute ti�er the ablig�tivn to pay,so �ang as Lender's interest in the Praperty is not jevpardized. lf a ii�n arisss or
<br /> is filed as a result af nonpaymen#, Trustvr shall within fifteen t�5� days after the lien arises ar, if a lien is filed,
<br /> within #ifteen �15� days after Trustvr has notice of the,filing� secure the discharge of the lien, or i� �equested by
<br /> Lender.depvsit with L�nder cash ar a sufficient�a�porate surety bond or other security satisfactory to Lender in an
<br /> amaunt sufficient to d�scharye the [ien plus any costs and attorneys' fees, �r ather charges thai could accrue as a
<br /> result of a�orec�osure or saie under the lien. In any contest,Trustar shall defend itsel�and Lender and sha�l satisfy
<br /> any adverse judgment before enforcernent against�he Property. Trustvr shall narns Lender as an additivnal ohligee
<br /> under any surety bond�urnished in the�ontest prvicesdings.
<br /> E�idence of Paymerrt. Trustv�shall upon demand furnish to Lender satisfactory e�idence of payment of the taxes
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