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2� 1 �� 1 �75
<br /> DEED �F TRUST
<br /> �Continued� Page 2
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine campliance of the
<br /> Property w�th this s�ctian o# �he Deed of TrusC. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shall nvt k�e cvnst�ued #v create any responsil�ility vr liability vn the part of Lender t❑Trustor vr
<br /> to any ather person. The representations and warranties contained h�rein are based on Trustvr's due diligen�e in
<br /> in�estigating the P�opsrty for Hazardous 5ubstances. Trustor hereby �1� releas�s and wai�es any future claims
<br /> against Lend�r fvr �ndemnity vr �ontribution in #he e�ent Trus#or becames liahle for cleanup or other �osts under
<br /> any such laws; and t2y agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> liahilities, damages, penalties, and expens�s r►uhich L�nder may directly or indirec�ly sustain vr suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, starage,
<br /> disposal. release or threatened release occurring prior tv Trustor`s ownersh�p ar interest in the Prvperty, whether or
<br /> not the same was or should ha�e been known to T�ustvr. Th� pro�isians of this sectivn of the Deed of Trust,
<br /> includ�ng the❑bliga#ion to indemn�fy and defend, shall sur�i�e the payment of the Indebtedness and the satisfaction
<br /> and recon�eyance of the lisn of this ❑eed of Trust and sha#I not he affected by Lender's acquisitivn of any interest
<br /> in the Property, whether by foreclvsure ar otherwise.
<br /> Nuisan�e, Vllaste. Trustor shall not cause, cvnduct or p�rmit any nuisance nor commit, permit, or suffer any
<br /> stripping of or was#e vn ar to the Property ❑r any partion ❑f the Praperty. Without limiting the generality of the
<br /> foregving, Trustvr will not remo�e, o�grant tv any other party the right to remo�e, any t�mbe�, minerals �including
<br /> oil and gasf. coal, c�ay, scoria, soil, gra�el�r rock products without Lender's prior written�onsent.
<br /> Remv�a!af Impro�er�nents. Trustor shall not demol�sh or rema�e any Imp�o�ements from the Reai Property without
<br /> Lender's prior written consent. As a �ondition t❑the rem��al of any Impro�emen�s, Lender may require Trustvr to
<br /> make arrangements satisfactvey to Lender to r�place such impro�ements with Impra�ements of a� �east equal
<br /> �alue.
<br /> Lendsr's Right tv Enter. Lender and Lender's agents and �epresentati�es may enter upon the Real Property at all
<br /> reasonable times tv attend tv L�nder's interests and to inspsct the Real Property f�r purpases ❑f Trustor's
<br /> complian�e with#he terms and conditians of this❑eed o#Trust.
<br /> Campliance w�th Ga�ernmental Requirements. Trustvr shall prvmptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect. of aii gv�ernmental authorities appi�cable �o the use or occupan�y �f the
<br /> Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold cvmpliance durin�
<br /> any proceeding, including apprapriate appeals. so long as Trustor has notified L�nder in writing privr to dving so
<br /> and so lang as, in Lender's sole opinivn, Lender's interests in the Prvperty are not jeopardi�ed. Lender may require
<br /> Trustor to pvst adequate security or a surety bond, reasonahly satisfactory to Lender� to prvtect Lender's interest.
<br /> Duty to Protect. Trustor agrees nsither to abandan or lea�e unattended the Prvperty. Trustor shall do all oth��
<br /> acts, in addition to those acts set fo�rth a�a�e in this sect�on, which fram the character and use vf the Property are
<br /> reasonably necessary to protect and preser�s the Property.
<br /> DUE�N SALE-C�NSENT BY LENDER. Lender may, at Lender's option� de�lare immediately due and payable all sums
<br /> secured by this C]eed of Trust upon the sale or transfer, without Lender's prior writ�en�onsent, of all vr any part of the
<br /> Real Property, ❑r any interest in the Reat Property. A "sale or trans#er" means the con�eyance of Real Prop�rty or any
<br /> right, title ❑r in#erest in the Real Pr�perty; whether legal, beneficial or �quitab�e; wheth�r �vluntary or in�oluntary;
<br /> whether by outright sale, deed, installm�nt sale contract, land contract, contra�t far deed, leasehvld 'rnter�st w�th a
<br /> term greater than three t3y years, lease-aption contract, ar by sale, assignment, or trans�e�vf any beneficial interest in
<br /> vr tv any land trust holding title tv the Real Prvperty, or by any ather methvd af �vn�eyance af an interest in the Real
<br /> P�vperty. Howe��r, this opt�on shall not b� exercised by Lender if such exerc�se is prohik�i�ed by federaf law ❑r by
<br /> Nehraska law.
<br /> TAaCES AND LIENS. Th� following pro�isions r�lating to the taxes and liens on the Prop�rty are part of this Deed ❑f
<br /> Trust:
<br /> Payment. Trustor shall pay when due �and in all e�ents prior tv delinquencyy all taxes, specia�taxes, assessm�nts,
<br /> chargss ��ncluding water and sewe��, fines and �mpositians le�ied against ❑r vn accvunt o##he Property, and shall
<br /> pay when due al� claims for work done vn ❑r for ser�ices rendered or material furnished to the Property. Tcustor
<br /> shall maintain the Property free of all �i�ns ha�ing pr�ority o�er or equai tv the interest of Lender under this Deed of
<br /> Trust, except for the lien of tax�s and assessments na# due, except for the Existing Ind�btedness referred to
<br /> helvw, and ex�ept as❑therwise prv�ided in this Deed o#Trust.
<br /> Right to Cvntest. Trustor may ►►vithhold payment of any tax, assessment, or c#aim in connectian with a gvod faith
<br /> dispu#e o�er the ohligation to pay� s❑Ivng as Lender's inter�s#in ths Property is not jeopardized. If a lien arises or
<br /> is filed as a resul# of nonpayment, Trustor shall within fi�teen �15� days after the lien arises or, if a lien is filed,
<br /> within fifteen �15y days after Trustor has no#ice of the filing, secure the discharg� of the lien. vr if requested by
<br /> Lender, deposit with Lender cash or a suf#�cient corporate surety bond or other security satisfac�ory to Lender in an
<br /> amount sufficient tv discharge the lien plus any costs and attorn�ys' fees. or vther charges that could accrue as a
<br /> resu�t v#a�o�e�losure or sa�e under the li�n. �n any cvnt�st, Trustor shall defend itself and Lender and shall satisfy
<br /> any ad�erse�udgment i�efore�nforcement against the Property, Trustor shall name Lender as an additianal ak�lige�
<br /> under any surety bond furnished in the contest p�oceedings.
<br /> E�idence o�Payrnent. Trustor shall upon demand furnish to Lender satisfactory e��dence af payment of the taxes
<br /> or assessments and shall authorize the appropriate go�ernmentai affi�ial to deli�er to Lender at any time a written -
<br /> statement vf the taxes and assessments against the Property.
<br /> Notic�of Construction. Trustor shall notify Lender at least f�fteen �i 5y days befvre any wvrk is commenced, any
<br /> ser�ices are furnished, �r any materials are supplied t� the Property, if any mechanic's lien, materialmen's lien, or
<br /> v#her li�n could be asse�ted on account of the work, ser�ices, or materials and the �ost exceeds S 1,�44.0�.
<br /> Trustor wi4l upan request vf Lender furnish to Lender ad�ance assurances satisfacto�y to Lender that Trustar can
<br /> and wi11 pay the cost of such imprv�ements.
<br /> PR�PERTY DAMAGE fNSURANCE. The fvllowing pro�isions relating to insur�ng the Property are a part of this ❑eed of
<br /> Trust.
<br /> IVleinten�nce of Insurance. Trustor sha�l procure and maintain poi�cies of fire insurance w�th standard extended
<br /> cv��rage endorsem�nts on a replacement bas�s far t�e full insurable �alus co�ering all Impro�ements on the Real
<br /> Property in an amount suffici�nt to a�oid application of any coinsurance clause, and with a standard mortgagee
<br /> clause in fa�or of Lender. tvgether with such other hazard and liab�lity insurance as Lender may�easonably require.
<br /> Policies shall be written in farm, amvunts, co�erag�s and basis reasonably acceptable tv Lend�r and issued hy a
<br /> cvmpany or companies reasvnably a�c�ptab�e to Lender. Trustor, upon request of L�nder, wili deii�er to Lender
<br /> from time ta time the policies or certificates of insurance in form satisfactvey to Lender, including stipulations that
<br /> co�erages will not be cancelled or diminished withaut at least thi�ty �3�f days prior written notice tv Lender. Each
<br /> insurance policy alsa shall include an endorsement pr��iding that co�erage in fa�ar of Lender will not be impaired
<br /> in any way by any act, amissivn vr default of Trustor vr any other person. Should the Real Property be located in
<br /> an acea designa#ed by the Administrat�r vf the Federal Emergency Management Agen�y as a special flvod hazard
<br /> area, Trustor agrees to ❑btain and main#ain Federal F�ood 3nsurance� if a�ailable, fvr #he maximum amount of
<br /> Trustvr's �redit I�ne and the full unpaid principa! halance of any privr liens on the property securing the loan, up ta
<br /> the maximum pvlicy limits set und�r the Nativnal Flavd Insurance Program, ar as otherwiss required by Lender, and
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