|
2� 15�7793
<br /> DEED �F TRUST
<br /> ��ontinu�d� Pa9e Z
<br /> auty ta Maintain. Trustor shall maintain the Property in tenantabl� conditian and prvmptly perform all repai�s,
<br /> r�placement5, and maintenance necessary to preser►►e its�alue.
<br /> G�mpliance Vlfith En�ironmental Lews. Trustor represents and warrants t� Lender that: �1 y ❑uring the per�od af
<br /> Trustor's awnership of the Praperty, there has been no use, generation, manufacture. storage. treatment, dispvsal,
<br /> �elease or threatened release of any Ha�ardous 5ubstan�e by any p�rson ❑n, under, about ❑r fram the Pr�perty;
<br /> �7� Trustor has no knowledge of, or reason tv helie�e that thers has been, exc�pt as pre�iously disclosed to and
<br /> acknowledged by Lender in writing, �ay any brea�h ❑r �iolation �f any En�ironmental Laws, �hy any use,
<br /> generat�on, manufa�ture. starage� treatment. disposal, release ❑r threatened release of any Hazerdaus Suhstance
<br /> on, under, about vr from the Property by any privr owners or occupants of the Property� ar �cf any a�tua! or
<br /> threatened litigation vr claims af any kind by any persan relating ta such matters; and �3y Ex�ept as pre�iausly
<br /> disclosed to and ackn�w�edged by Lender in writing, �a� n�ither Trustvr nor any tenant, cont�actor, agent ar other
<br /> autharized user of the Property shall use� generate, manufacture, stare, treai� dispvse ❑f vr release any Hazardous
<br /> Substance an, under, about or frvm the Prvperty; and �b� any such acti�ity shall he �onducted in comp�iance with
<br /> ali applicabie fiederal, s#ate, and Iv�ai 1aws� regulations and ❑rdinan�es, including without limitativn a�!
<br /> En►►irvnmental Laws. Trustar authorizes Lend�r and its agents tv enter upon the Prvperty to make such
<br /> inspections and tests, at Trustnr's expense, as Lender may deem appropriate to determine complian�e af the
<br /> Property with this secti�n of the Deed of Trust. Any inspectivns or tests made by Lender shall be for Lender's
<br /> purp�ses only and shall nvt be construsd to create any responsibifity or liability on�he part of Lender to Trustvr❑r
<br /> to any other persan. The representations and warranties cvntained herein are based on Trustor's due diligence in
<br /> in�estigating the Prope�ty for Hazardaus 5ubstances. Trustar h�reby �1� releases and wai�es any future claims
<br /> against Lender fvr indemnity or contribution in the ��ent Trustor becomes �iable �af cleanup vr other cvs#s under
<br /> any such laws; and t�y agrees to indemnify, defend, and hvld ha�mless L�nder against any and all cfaims, lasses,
<br /> liabifit�es,demages, penalties, and expenses which Lender may directly vr ind�rect�y sustain or suf#er resulting from
<br /> a breach af this seGtion of the Deed of Trust or as a consequen�e a� any use, generation, manufacture, storage,
<br /> disposal, rel�ase❑r threatened release occurring prior to Trustor's ownership or interest in the Property� whether or
<br /> not the same was or �hvuld ha�e he�n known tv Trustor. The pr�visians of #his section af the ❑eed �f Trust,
<br /> including the obligation to indemnify and defend, shall sur�i��the payment of the Indehtedness and the satisfactivn
<br /> and recon�eyance of the�ien of this Deed of Trust and sha11 not be affe�ted by Lender's acquisitian of any interest
<br /> in the Property� whether by foreclosure�r vtherwise.
<br /> Nuis�nce, Waste. Trusto� shall not cause, conduct ar permit any nuisance nar cvmmit, permit� or suffer any
<br /> stripping vf or waste vn or to the Property vr any pvrtivn of the P�operty. Without limiting the generality of th�
<br /> faregving, Trustor will not rema��, or grant to any ather party the right�o r�ma�e, any timber, minerals tincluding
<br /> o�l and gas�, �val, clay, scvria, svi�, gra►►el or rock produc�s withvut Lende�'s privr written�onsent.
<br /> Rerno�al of imprn�ements. Trustor shall not demolish o�remo�e any Impro�em�nts frvm the Real Prvperty without
<br /> Lender's prior written cansent. As a candition to the remo�a�of any �mpro�ements, Lender may require Trustor ta
<br /> make arrangements satisfact�ry to Lender to �eplace su�h Impro�ements with Impro�emen#s �f at least equal
<br /> �alue.
<br /> Lender's Right tQ Enter. Lender and Lender's agents and representsti►►es may enter upon the Reel Property at all
<br /> reasonable times t� attend ta L�nder's interests and t€� �nspect the Real Praperty for purp�ses of Trustor's
<br /> cvmpliance w�th the terms and canditians of this Deed v#Trust.
<br /> Compliance with Go►►ernment�l Requirements. Trust�r shall prvmptly comply with all laws, ordinances, and
<br /> regulations, naw or herea�ter in effe�t, of a11 go�ernmental authorities appliGable to the use ar accupanGy of the
<br /> Pr�perty. including without limitation, the Americans With D�sabiiities Act. Trustor may cantest in gvad fa�th any
<br /> such law, ordinance, or �egulation and withhold compliance during any proceeding, including apprvpriate appeals,
<br /> so Iong as Trustvr has na#ified Lender in writing prior to daing so and so iong as, in L�nder's sole opinion, Lender's
<br /> interests in the Property ar� nat jeopardized. Lender may require Trustar to post adequate security or a surety
<br /> bond, reas�nably satisfactory ta Lender,tv prvtect Lender's interest.
<br /> Duty to Prate�t. Trustor agrees neith�r �v abandvn or lea�e unattended the Property. Trus#or shali do all other
<br /> ac#s, in add�tivn to those acts set fv�th ahv��in this section, which from#he ch�racter and use of the Praperty er�
<br /> reasvnably necsssary to prote�t and preserve the Property.
<br /> DUE QN SALE-CaNSENT BY LENDER. Lender may, at Lender's aption, declare imrnediately due and payable ail sums
<br /> secured by this Deed of Trust upon the sale or transfer� withaut Lender's p�ior wr�tten cans�nt, of all vr any part of the
<br /> Real Property, or any in#�rest in the Real Property. A "'sa�e or transfer" m�ans the con�eyance of Real Praperty or any
<br /> right� title or interest in the Real Prvp�rty; whethe� legal, beneficial or �quitable; wheth�r �vluntary ar in�aluntary;
<br /> whether hy outright sale, deed, inst�llm�nt sale contract, land cvntract, contract fvr deed, leasehofd inte�est with a
<br /> term greater than three �3y years, 1�ese-option cvntract, vr by sale, �ssignment, ar transfer of any bene#+cial interest in
<br /> ar to any land trust holding title tv the Real P�operty, or by any ather me�hod of cvn�eyance of an interest in the Ftea#
<br /> Prvperty. However, th�s optivn shall nat be �x�rcised by Lender if such exercise is prohibited by f�deral law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. Th� follawing pro�isions rela#ing tv #he taxes and liens ❑n the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shali pay when due �and in ��1 e►►ents prior to delinquencyy all taxes, special taxQs, assessmen#s,
<br /> charges �including wa�er and sewer�, #ines and impositions le�+ed against or on accvunt of the Pr�perty, and shall
<br /> pay when du� all �lair�ns fvr work done on ar far ser�ices rendered or meterial furnished to the Property. Trustor
<br /> sha11 maintain the Property free af all liens ha�ing priority o�er or equal to the interest of Lende�under this ❑eed of
<br /> Trust, except fvr the lien ❑f taxes and assessments not due and except as atherwise pro►►ided in this Deed of
<br /> Trust.
<br /> Righ#to�antest. Trustor may withhold paym�nt of any tex, assgssment, or�laim in conn�ction with a gvod faith
<br /> dispute o�er the�bliga#ion tv pay, so long as Lender's interes# in the Property is not jeapardiz�d. If a lien arises or
<br /> is filed as e result vf nanpayment, Trustar shall within fifteen �15y days after the lien arises or, if a lien is filed,
<br /> within fifte�n �15j days after Trustor has nvtice of the #iling, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a suffic�ent corp�ra#e surety band or other se�urity satfsfactvey ta Lender in an
<br /> amount sufficient to discharge the lien plus any costs and at#orneys' fees, ar other charges that�oufd a�crue as a
<br /> r�sult of a forg�lasure or sale under the lien. I n any�vntest, T�ustar shall defend itself and Lender and sha�l satisfy
<br /> any ad�ers�judgment before enfvrcement�gainst the Property. Trustor shaf�name Lender as an additional oblig�e
<br /> under any surety bond furnished in the Gontest proceedings.
<br /> E�iden�e of Payment. Trustor shall upvn demand fu�nish to Lender satisfactory e�iden�� o# payment❑�the taxes
<br /> or ass�ssments and shall authorize the appropriate go�ernmental ❑fficial t❑ deii�er to Lender at any time a written
<br /> statement of ti�e tax�s and assessments against the Prop�rty,
<br /> Notice of Construction. Trustor shall no#i�y Lender at ieast fif#een �15f days befvre any work is cvmmenced� any
<br /> ser�ices ars furnished, or any materials are supplied to the Property, if any mechanic's lien. m�teriaimsn's I�en, or
<br /> other I�en could be asserted on accaunt of the work, ser�ices, or m�terials. Trustor will upon request of Lender
<br /> furnish ta Lender ad�ance assurances sattsfactory to Lender thst Trustor can and will pay the cos# of such
<br /> impro�ements.
<br />
|