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2� 1 ��� 175
<br /> DEED �F TRLJST
<br /> ��on�inued� Page �
<br /> En�irvnmental Laws. Trustor authorizes Lender and its agents ta enter up�n the Praperty �a make such
<br /> inspec�ions and �es�s, at Trus��r's expense, as Lender may deem appropriate t� de�ermine compliance �f the
<br /> Property with this s�ction a� the Deed of Trust. Any inspections or ��sts made by Lender sha[[ he for Lender's
<br /> purpose� only and shall not be construed tfl creat� any responsib�lity or lia�ilifiy on the part o�Lender to Trustor��
<br /> to any other pers�n. The representations and warranties contained herein are based an Trus�or's due diligenc� in
<br /> �n�estigating the Property for Hazardous 5ubs�ances. Trustvr hereby ��f re[eases and wai��s any future ciaims
<br /> aga�ns� Lender �or indemnity �r cnntribut�on in the event Trus�or becomes �iable �or cieanup or o�her cas�s under
<br /> any such laws; and ��} agrees to indemnify, defend, and hold harmless Lender against any and a�l claims, losses,
<br /> I�abilities, damages, pena[ties, and expenses which Lender may directly or indirectly sustain ar suf�fer resuiting from
<br /> a breach of this sec�ion of the Deed o#Trust or as a c�nsequence ofi any us�, genera�ion, manufacture, storage,
<br /> disposal, release�r threatened release occurring prior tv Trustor's awnership or Enterest in the Prope�ty, whethe�or
<br /> no� the same was or shouid ha�e �een knva�vn ta Trustor. The provisions v� this secti�n vf �he Deed of Trus�t,
<br /> inc�uding�he abliga�i4n t❑ indemni�y and de�Fend, shal!sur�i�e the payment of the Indebt�dness and the sa�is�action
<br /> and re�on��yance o#the �ien of�this Deed of Trust and shall n�t be a��e�ted by Lenderrs ac�uisition of any interest
<br /> in the Property, whether by fvreclasure or o�h�erwise.
<br /> Nuisance. Waste. Trus�ar sha[� not cause, conduct or permit any nuisance nor commit, permit, vr su�fer any
<br /> stripping �f or was�e an ar ta the Proper�y �r any portivn of the Property. 11V'rthou� limiting the generaiity of th�
<br /> �oregoing, Trustor w�ll not remo�e, o�grant to any other party the right to remove, �ny�imber, minera[s {including
<br /> vil and gasf, coal, cl�y, scoria, svii, gra�e�or rack products without Lende�'s prior writt�n consent.
<br /> R�moval ofi Impra�ements. Trustor sha[[no�demolish or remove any lmprovements�rom�he Rea� Prape�ty w�thvut
<br /> Len�er's prior w�-itten cansent. As a condi�ion to�he rema�ai o�any Impra�ements, Lender may require Trustor�o
<br /> make arrangements satis#actory tv Lender to replace such Impro�emen�s w�th Impra�ements of at leas� equal
<br /> �alue.
<br /> Lender's Right�o En�er. Lender and Lender's agents and repres�ntatives may en�er upon the Real Praperty at all
<br /> reasonable times to attend to Lend�r's interes�s and to inspect �he Real F'roperty for purpases af Trustor's
<br /> compliance with the terms and canditions of this D��d o�Trus�.
<br /> Compliance w�th �vvernmental Requiremen�s. Trustor shall promptly comply with a�l laws, ordinances, and
<br /> regulat�ons. n�w or hereafte� in effect, of aI� go�err�mental au�hvrities applicab�e to the use or occupancy v# the
<br /> Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in goad fai�h any
<br /> such law, �rdinance, ar regu[ation and wi�thhold compliance during any proceeding, including appropriate appeals,
<br /> sa iong as Trustor has nfltified Lender in writing privr ta doing so and sa iang�s, in Lend�r's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trus�ar to post adequate security flr a surety
<br /> bond, reasonably satis�actory ta Lend�r,�v pro�ect Lender`s in�erest.
<br /> Duty tv Prot���. Trustvr agrees neither to abandon or lea�e unattended the Proper�y. Trus�ar shall do a[l o�her
<br /> acts, in addition to those ac�s set farth abo�e in�his sec�ion. vvhich from�he character and use af the Property are
<br /> r�asonab�y nec�ssary to protect and prsser�e the Property.
<br /> DUE DN SALE-C�NSENT BY LENDER. Lender rx�ay, at Lender's option, declare immediately due and paya�le a�l sums
<br /> secured by this Deed of Trust upan the sale ar�ransfer, without Lender's prior written consent, of ali or any part o�the
<br /> Real Praper�y, or any interest in the Real Praperty, A "sa�e or�rans#�r"' means the con�eyance a� Rea� Praperty or any
<br /> right, ti�le ar interest in the Rea! Property; whe�ther legal, benef�c�al or equitable; whether �oluntary or in�o�un�ary;
<br /> whether by outrigh� sale, deed, instal[ment sale cantract, land cantract, contract far deed, leasehold interest with a
<br /> term greater�han three t3� years, lease-opfiion contract, vr by saie, assignment, or trans�fer o�any bene��c�a� interest in
<br /> ar to any �and trust h��ding title to the Real Pr�perty, or by any �ther me�hod of con�eyance of an inter�st in �he Rea�
<br /> Property. �f any Trust�r is a �Qrparation, partnership or limit�d liabili�y company, transfer also inc�udes any change in
<br /> awnership of more�han t�venty�five perc�nt t25°Ioy of the �oting stack, par�nership interests or iimited liabili�y company
<br /> Enterests, as�h� case ma�be, of such Trustor. Howe�er. this �pt�fln shali not be exercised by Lender if such exercise
<br /> is prnhibited by�ederal law ar by Nebraska law.
<br /> TAXES AND LIENS. The follawing pro�isi�ns relating to �he taxes and liens on the Property are par� �f this Deed ��
<br /> Trus#:
<br /> Paymen�. Trustar sh�ll pay uvhen due �and ir� all events prior ta de�inquencyy all �axes, special taxes, assessmen�s,
<br /> �harges �inctuding v►rater and sewery, �ines and imposit�ons ie�ied against or vn account of the Proper�y, and shall
<br />_ pay v►rhen due all cla�ms for w�rk dane on or far services rendered o� material furnished to th� Prope��y. Trustor
<br /> sha[I maintain the Praperty free of a�� liens having p�iority o�er or equa[to the interest of Lender under this Deed af
<br /> Trust, �xcept for th� [ien a# taxes and assessments nat due and except as otherwise provided in this De�d of
<br /> Trus�.
<br /> Right to Can�es#. Trus�or may withhold payment of any tax, assessmen�, or�laim in connec�ian ►rvith a good faith
<br /> dispute o�e�the abligatian�a pay, so [ong as L�nder's interest in the Property is na��eopardized. I#a lien aris�s or
<br /> is filed as a result of nonpayment, Trustvr shall within #ift�en �15� days after the lien arises or, if a lien �s filed,
<br /> wi�Ch�n fifteen ��5� days after Trustar has notice of the fi[ing, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash ar a sufficient corparate sure�ty bond or o�her security satis�fac�ory to Lender in an
<br /> amount sufificien��o discharge the [ien pius any costs and attarneys' fees, flr other charges that cauld accru� as a
<br /> resul�o�a�orec�osure or sa�e und�r the lien. In any can��st, Trustor shall de�end itself and Lender and shall sa�is#y
<br /> any ad�erse�udgmen�before enforcement against the Property. Trustor shal! name Lender as an additi�nal abligee
<br /> under any surety hand furnished in th�cantest proceedings.
<br /> Evidence of Paymen�o Trustor shai! upon demand �urnish �o Lender satisfac�ory evidence of payment of the taxes
<br /> or assessments and shal� authori���he apprapria�e go�ernmental of#�cia� to deli�e�to Lender a� any�ime a wri�ten
<br /> statement o�the�axes and assessmen�s against the Property.
<br /> Nvtic� of Cons�ru�#ian. Trustor shall natify Lender at leas�fi�fteen {'I 5f days b�#ore any work is commenced, any
<br /> ser�ices are �urnished, or any materials are supplied to the Prvperty, if any mechanic's �ien, materia�men's iien, or
<br /> ather lien �ou�d be asserted on accoun� of the work, ser�i�es, or materials. Trustor will upon request of Lender
<br /> furnish �a Lender advance assurances satisfactory ta Lender �that Trustor can and wil! pay the cos� of such
<br /> impro�ements.
<br /> PR�PERTY DAMAGE iNSURANCE. The �oliowing pro�is�ons re�ating tv insuring the Praperty are a part o��his Deed a�
<br /> Trust.
<br /> Nlainter�ance o� insurance. Trustor shall procure and maintain pol�c�es a� �ire insurance with standard extended
<br /> coverage �ndarsements on a repiac�men� basis for �the fu[[ insura�ie �alue �o�ering a�� lmpra�ements vn the Real
<br /> Property in an amaunt suffi�ien� �v a�oid application of any coinsurance clause, and with a standard mort�agee
<br /> clause in fa��r af L�nder. Trustor shall also procure and maintain compr�hensi�e general liability insuranc� in such
<br /> ca�erage amoun�s as Lender may request wifih Trus�ee and Lender being named as addi�ional �nsureds in such
<br /> liab�lity insuran�e policies. Additionally, Trustor shall maintain such other insuranc�, including but na� limited to
<br /> ha�ard, business �nterruption, and boiler insurance, as Lend�r may reasonably require. Palicies shall be written in
<br /> �orm, am�unts, co�erages and basis reasonably accep�tabl� to Lender and issued by a campany ar companies
<br /> reasonab[y acceptabl� to Lender. Trustor, upan request of Lender. will deli�er to Lender from time ta time the
<br /> po�icies or c�rti�icates o�f insurance in form satis�actvey to Lender, including stipula#ions that co�erages wii� not he
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