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2� 1 ���351
<br /> DEE�3 �F TRUST
<br /> 4C�nt�nu�dj Page 2
<br /> Passesaivn �nd Use. Until the occurrence af an E�ent of Defauft, Trustor may t 1 y remain in possession and
<br /> control af th�Property; �23 use,operate or manage�he Property;and t3� cnllect the Rents from the Prope�ty.
<br /> Duty tv IVlaintafn. Trustvr shall maintain the Property in tenenxable condition and promptly perform al� repairs.
<br /> replacements, and maintenance necessary ta presen�e its�alus.
<br /> Camplian�a With En�ironmental Laws, Trustor�epresents �nd warrants to Lender that: t 1 f During the period of
<br /> Trustor's awnership of th� Property, there has been no use, �gn�rativn� manufacture, storage, trsatment, disposal,
<br /> refease or threatened rele�se of any Haiardous 5ubstance by any person on, under, about or from the Property;
<br /> {2y Trustar has n� knowlgdge of, vr reason to �elie�e that there has �een, except as pre�ivusly disclased tv and
<br /> acknow�edged by Lender in writing, �ay any brea�h vr �io�atfan o# any En�ironmental Laws, �by any use,
<br /> genera#ion. manufacture. storage, t�e�tment. dispvsal, release or threatensd release vf any Hazardous Substance
<br /> on. under, about or fram the Property by any p�ior ❑wners vr o�cupants of the Property, vr tcy any actua� vr
<br /> threatened �itigation or cl��ms of any kind by any person rglating to such matters; and {3y Except as pre�iously
<br /> disclvsed�a and acknowledged by Lender in writ�ng, �af neither Trustor nor any�enant, contractvr, agent or ather
<br /> autharized user af the Property shall use� gener�te, m�nufacture, stare. treat, dispose of or release any Haiardaus
<br /> Suhstance an, under, abau#or�rom the Prnperty; and tby any such acti�ity sha11 be conducted in cvmpliance with
<br /> a!I applicable federal, state, and IoCal laws, regula�ions and �rdinances, in��uding with�ut �imitat�vn a11
<br /> En�ironmental Laws. Trustoc author+aes Lander and its agents to enter upan the Property to make such
<br /> inspecti�ns and tests, at Trustar's expens�, as Lender may deem appropriate to determine compliance of the
<br /> Property with this secti�n of the Dsed of Trust. Any inspections or tests made by Lender shell �e for Lender's
<br /> purpases only and shall not be construed to creete eny responsihility or liability on�he part of Lender ta Trustvr or
<br /> ta any vther person. The representations and werranties ��nts�ined herein are based on Trust�r's due di�Fgence in
<br /> in�estigating #he Property for Hazardaus Substances. Trustvr hereby �1 f releases and wai�es any future �laims
<br /> against Lende� for indemnity or �ontribution in #hg e�ent Trusto� becomes lia�le for cfeanup or athe� costs under
<br /> any such laws; and �2f agrees to indemnify, defend, and hold hermless Lender ageinst�ny and al�claims, Iosses,
<br /> liabi��t�es, damages, pena�ties, and expenses which Lender mey direCtly❑r indirectly sustain or suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a cansequence of any use, generat�vn, manu#acture, storage,
<br /> dispvsal, release or threetened release o��urring prioc to Trustor's ownership or interest in the Property, whether or
<br /> not the same was a� shauld ha�e heen known #a Trustor. the pro�isions of this section of the Deed o# Trust,
<br /> inc�uding the obligat�on to indemni�y and defend,shall survi�e the payment of the lndebtedness and the satis�aGtion
<br /> and recvn�eyance of the lien of this Deed of Trust and shail not be affected by Lender's acquisitian of any interest
<br /> in the Property, whethe�by forec�osure ar❑therwise.
<br /> Nuisance, Waste. Truatvr sha11 nvt cause, cvnduct vr permit any nuisance nor commit. permi#, or suffer any
<br /> stripping of ar waste an or ta the Property ar any pvrtion of the Property. Without limiting the gene�a�ity o� the
<br /> fvregoing, Trus�or will nat remo►►e, vr grant tv�ny ather part�the right to remo►►�, any timber, minerals �including
<br /> v�l and gas�� cval, clay� scocia, soil� gra�el ar rock products without Lende�'s pr�or written c�ns�nt.
<br /> Remo�el of Impr��ementa. Trustor sha«not demollsh or remo��ehy lmprv�ements from the Rea� Property withvut
<br /> Lender's priar written cansen#. As a condition to the remo►►a�of any Impro�ements, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to repEace such lmpra�ements with Impro�emen�s af at least equal
<br /> �a1ue.
<br /> Lender's Right tv Enter. Lender and Lend�r's sgents end represen#at�r►es may enter upvn the Real Property at ali
<br /> reasonable times to attend to Lender's interesfs end tv �nspect the Real Property far purposes vf Trustor's
<br /> compiianc� with the terms�nd condi�ions o'#thi�❑eed of Trust.
<br /> Complianca wrth Gar►rmmanta� Requiremerrts. Trustar shel� promptly camply w�#h s�! �aws, ❑rd'+nances, and
<br /> r�gulatians, naw or here�fter in effect� of �i� go�ernmental euthorities applicable ta the use or occupancy of the
<br /> Property. including withaut�imftetivn� the Americ�ns Vllith Disehilities Act. Trustor may contest in �ood faith any
<br /> such I�w, ardinance, ❑r regulat�on end withhold ovmplianc■ during eny praceeding, �ncluding appropri�te app�als�
<br /> so lvng as Trustor has natified Lender in writing prior to doing so end so lang�s, in Lender's sale opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustar ta post adequa#e securi�y or a surety
<br /> bnnd, reasanably satisfactory to Lender,to protect Lender'�interest.
<br /> Duty ta Protect. Trus#or agrees neither ta abandan or lea�e unattended the Property. Trustor shali do all a�her
<br /> acts, in addttion to those scts set forth a�n�e in this section, which fram the char�cte�and use of the Property are
<br /> reasonahly ne�essary t�pfotect and preser�e the Property.
<br /> DUE�N SALE-C�NSENT BY LENDER. Lender mey, at Lender's option, declara immediately due and payab�e a!I sums
<br /> secured by#his Deed vf Trus#upon the sa�e or trans�er, withou�Lendar's prior writt�n�onsent, ot all vr any part of the
<br /> Real Praperty, or any interest in the Reaf Praperty. A"sale or�rans#er" means the con►►eyanc�af Real Property or any
<br /> right, title or interest in the Real Praperty; whe#her legal, benefic�el ar equitable; whether �oluntary ar �n�aluntary;
<br /> whether hy ❑utright sale, deed, installment sale Cantrac't, 1�nd contract. contract for deed, leaseho�d interest with a
<br /> term greater than thres �3� years, lease-aption�ontra��. or by sale, �ssignment, or trensfer vf any ben�ficial interest in
<br /> �r tv eny land trust holding t�t1e to the Real Property, or by eny vther method of can�eyence of an in#erest in the Real
<br /> Prape�ty. Howe�er, this aptivn shal! not be exerci�ed by Lender i# such �xercise is prahibit�d by federal law ❑r by
<br /> Nebraska law,
<br /> TAXES AND L1EN5. The foilawing pra�isions rel�ting to the taxes and liens on the Property are part ❑f this Deed of
<br /> Trust:
<br /> Qayment. Trustor shal! pay when due �and in e�l e�ents prior t�delinquency� all taxes, spe�ial taxes, ass�ssments,
<br /> charges �including water and sewer�, fines and Empvsi#i�ns le��ed agains�nr an accaunt af the Proper�y. and shal!
<br /> pay when due all claims for wvrk done on �r fflr servi�es rendered or materfai furnished tv the Property. Trustar
<br /> sha�! maintain the Property free t�f all liens ha�ing p�ivrity o�er or equaE to the interest of Lender under this �eed of
<br /> T�ust. except for the lien of taxes and assessments not due. except #or the Existing Indeb�edness ref�rred to
<br /> helow, and except as atherwise pro��ded in this Deed of Trust.
<br /> Right ta Cvntest. Trustvr may withhold payment of�ny tax� assessment� vr c�aim in connectRon with a goad faFth
<br /> dispute o�er the obligation to pay� so lang as Lende�'s intereat in the Property is nat�eopardized. 1f a lien arises or
<br /> is filed as � resu�t af nanpayment, Trustvr shall wi#hin fifteen �15� days after the lien arises or, if a lien is filed,
<br /> within f�ftean �15f days after Trustor has notice �f the fEl�ng. secure the discharge of the lien, or if requested by
<br /> Lgnde�r, depvsit with Lendar c�sh or a sufficient�o�porate surety bond or other securi#y satis�actory to Lender in an
<br /> amount sufficien#to discherge the lien plus any casts end �ttflrneys' fees, ar other cherges th�t�ouid accrue as a
<br /> resutt a�a for�closure�r sale under the fien. In eny c�n#est,Trustor aha11 defend itae!#and Lender and shall sat�sfy
<br /> any ad�erse judgment hefore enforcement against the Property. Trustor shall name Lender as an additianal obligee
<br /> under any surety band furnished in the contest prnceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactary e�id�n�e ❑f payment af the taxes
<br /> or assessments and sha�! au�har�ze the appropriate go�ernmen#e! officiel t❑deli�er to Lender at any time a written
<br /> statement of the taxes and assessments against the Property,
<br /> Notice of Ganst�uct�on. Trustor sha!! notify Lender et least�ifteen �"!5f days before any work is comm�nced, any
<br /> ser�iees are furnished, vr any materials ars supplied to the Praperty. if any mechenic's lien, materielmen's lien, ar
<br /> o#her lien could be asserted on account o#the work, ser�ices. or ma#eri��s. Trustar will upon request af Lender
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