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2� 1 �� 1113
<br /> DEED �F T�L1ST
<br /> �Continued} Page Z
<br /> Gomplianc� With En�ironmental Laws. Trustor represents and warrants to �ender that: {1 y ❑uring the periad a�
<br /> Trustor's ownership o�the Property, there has b��n no use, generatian, manufa��ure, storage, ��eatment, disposa�,
<br /> release or threatened release o� any Ha�ardous Substance by any person on, under, about ❑r �rom the Proper�y;
<br /> {2� Trus�or has n❑ knowledg� of, or reason t� be�ie�e that there has been, except as pre�iousfy disciosed �o and
<br /> acknowledged by Lender in v►rri�ing, {a� any breach or �iv[atian a� any En�iranmental Laws, �h� any use,
<br /> generation, manufa�ture, starage, treatment, disposa[, releas� vr threatened release af any Hazardaus 5ubstance
<br /> on, under, abou� or from the Proper�y by any prior owners �r occupants af the Propexfiy, or �cy any actual or
<br /> threatened litigation or claims of any kind by any persan relating to such matters; and �3} Ex�ep� as pre�ious�y
<br /> disclosed�❑and acknowledged by Lender in writing, �a� neither Trustor nor any tenant, contractor, agent o�other
<br /> authorized user vf the Prvperty shall use, genera#e, manufacture, store, treat, dispose a�❑r release any Hazardous
<br /> 5ubs�ance on, under, about ar from the Prop�rty; and 4b} any such acti�ity sha�� be cvnduc�ed in compliance wi�h
<br /> all applicable federal, state, and locaf laws, r�gu�atiQns and ordinances, including without I�mitation all
<br /> En�irvnmental Laws. Trustor authvrizes Lender and its agents to enter upan the Prvperty to make such
<br /> inspe�tions and tests, at Trustvr's expense, as Lender may deem appr�priate �o determine compliance vf the
<br /> Property with this sec�ion of the Deed of Trust. Any inspec-tions ❑r tests made by �ender shall �e �or Lender's
<br /> purposes only and shall no�be cans�rued �o crea�e any responsibility ar liabili�y on the part o� Lender to Trustor or
<br /> �� any vther person. The representations and warranties cvntained herein are based ❑n Trustor's due diligence in
<br /> in�estigating the Prope�ty for Hazardous Subsfiances. Trus�ar here�y ��� releases and wai�es any fu�ure claims
<br /> against Lender for ind�mn�ty vr contributivn in the ��ent T�ustar becames liable �or cleanup or other cvsts under
<br /> any such laws; and ��� agr��s to indemn��y, de�end, and hoid harmless Lender agains�any and a�� �iaims, [osses,
<br /> iiabili�ies, damages, pena[ties, and�xp�nses which Lender may�dire�tfy or�ndirectly sus�ain vr suffer resufting from
<br /> a �areach of this section of�he Deed ❑f Trust ar as a c�nsequence a� any use, generatian, manufacture, storage,
<br /> disposal, release or threatened re[ease occurring prior to Trustor's ownership Qr intsrest in the Proper#y, whether or
<br /> not the same was or should ha�e been knvwn t� Trustvr. The pra�isions of this sectivn of �he Deed of Trust,
<br /> including the obliga�ion to indemnify and defi�nd, shall sur�i�e the payment�f the Indebtedness and�he satis�action
<br /> and recon�eyance of the lien of this Deed of Trust and shall nat�e atfected by Lender's acquisition of any int�res�
<br /> in the Prvperty, whe�her by foreclvsure or o�herwise.
<br /> Nuisance, Was#e. Trustvr shall no� cause, �onduc� or permit any nuisance nvr cammit, p�rm�t, or sufifier any
<br /> stripping ofi or waste on or to the Prvperty ar any portion of the Property. Wi�hou'� limi�ing the generality of the
<br /> foregoing, Trust�r will not remo�e, or grant�o any other party the right to remo�e, any timber, minera�s �including
<br /> oil and gas�, coal, clay, s�or�a, s���, gra�el or rock products without Lender's pr�ar written cvnsent.
<br /> Remaval o�Improvements. Trustor shaff n�t dem�[ish vr remove any Impro�ements�rom the Real Proper�y wi�hou�
<br /> Lender`s prior written cvnsent. As a candition to the remo�al af any [mpro��ments, L�nder may require Trustor to
<br /> make arrangemen�s satisfactory ta Lender to replace such Irnpro�ements with [mpro�ements of at least equal
<br /> �a�ue.
<br /> Lender's Righ#to Enter. Lender and Lender's agen�s and representati�es may enter upon �he Real Property at al!
<br /> reas�nable times to attend tv Lender's interes�s and to inspect the Real Property for pu�'pos�s ofi Trustor's
<br /> compl�anc� w�th the t��ms and cond�t�ons of this ❑eed��Trust.
<br /> Cvmp�ian�e w�th Go�ernmen�a[ Requirements. Trustor shaii pramptly comply with all laws, �rd�nances, and
<br /> regulations, now or hereafter in e��ect, a� aI� gv��rnm�ntal authorities appl�cable to the use or occupancy af the
<br /> Proper�y, includ�ng with�ut �imitati�n, the Ame�icans 1JV�th Disahi�ities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or regu�ation and withho�d complianc� dur�ng any proceeding, including appr�priate appeals,
<br /> s❑ Iong as Trustor has not�fi�d Lend�r�n writing pr�ar t� doing so and so long as, in Lender`s sole opinion, Lender's
<br /> interests in the Prvperty are nat jeopardiz�d. Lender may re�uire Trustar to post adequate security ar a sure�y
<br /> bond, reasonably satisfactory to Lender,t� pr�tect Lender's interest.
<br /> Du�y tv Pro�ect, Trus�or agrees neither to abandon ar lea�e unattend�d �he Property. Trustvr shafl do al� other
<br /> ac�s, �n addi�ion to those acts set forth abo�e in this sect�on, which from fihe cha�acfier and use of the Property are
<br /> reasanably ne�essary to prote��t and preser�e the Property.
<br /> Construction Laan. If some or all of�he proceeds�f the loan creating the lndebtedness a�e t❑ he used to construct
<br /> or complete construction of any Impro�ements vn the Property, the Impro�ements shall be comple�ed n❑ later than
<br /> the maturity date of the No�e tor such earlier da�e as Lender may �easonably estab[ish� and Trustor shall pay in full
<br /> a!I c�sts and expenses in connec�ion with the work. �ender will disburse �oan proceeds und�r such terms and
<br /> cond�tians as Lender may deem reasonahly necessary ta �nsure tha�the in�erest created by�his Deed afi Trust shall
<br /> ha�� priarity❑�er al� passible liens, including those of material suppliers and workmen. L�nder may require, among
<br /> other things, that disbursement requests be suppor�ed by re�eip�ed bills, expense affida�its, wai�ers of liens,
<br /> construction progress reports, and such other documentation as Lender may reasonably request.
<br /> ❑UE�N SALE-C�NSENT E3Y LEN1]ER. Lender may, at Lender�5 [�p�i0n, de�lare immedia�ely du� and payable all sums
<br /> secured by this Deed of Trust upon�he saie or trans�fer, without Lender's prior wri��en consent, of a�! vr any part of the
<br /> Real Praperty, or any interest in the Reai Property. A "sale or transfer" means the con�eyan�e of Real Proper�y or any
<br /> right, title or interest in �he Rea� Property; whether lega�, ben�ficial or equitable, whether �oluntary ar in�oluntary;
<br /> whether by autright sa��, d��d, installment sa�e contract, land c�ntract, contract for deed, leasehold interes� with a
<br /> term greater�han three �3y years, leas�-option cantract, or by sa1e, assignment, �r transfer of any heneficial in�eres�t in
<br /> or to any fand trust holding tit�e t� the Real Praperty, v� hy any o�her methad vf con�eyance of an inte�est in �he R�aI
<br /> Proper�y. If any Trustvr is a corporation, partnership or limited liability company, transfer also includes any change in
<br /> awnership af more than twenty-�i�e percent (25°/0} o�the �ofiing stack, partn�rship interes�s or�imited liability company
<br /> interests, as the case may be, v#such Trustor. Howe�e�, this opt�on shall not be exercised hy Lend�r if such exercise
<br /> is prvhibited by federaf faw or�y Nebraska law.
<br /> TA�ES AND LIENS. Th� �ai�ow�ng pra�isions relating to th� taxes and liens ❑n the Property are part of this Deed of
<br /> Trus�;
<br /> Payment. Trustor sha�l pay when due �and in all e�en�s privr to delinquency� all taxes, specia�taxes, assessments,
<br /> charges �including water and sewer�, fines and impositions levied agains�or on account o�the Proper�y, and shall
<br /> pay when due all claims fivr work dvne on vr for ser�ices rendered or material furn�shed to the Prvperty. Trustvr
<br /> shali maintain the Praper�y�ree ofi all liens ha�ing priority o�er ar equal t❑the inter�st of Lender under fihis D�ed �f
<br /> T�ust, excep� #or �he lien of taxes and assessmen�s no� du� and except as otherwise pro�ided in this ❑�ed vfi
<br /> Trust.
<br /> Right�o Contes�. Trustor may withhold payment of any tax, assessment, or c�a�m in connection with a gvod fai�h
<br /> dispu�e o�er the obligatian to pay, so long as L�nder's interest in�he Property is not j�opardized. 1�F a I�en arises ar
<br /> is �il�d as a result of nonpayment, Trustor shall within fifteen {15� days a�te� �h� lien arises or, if a lien is �iled,
<br /> within fifteen {�5y days after Trust�r has notice a� fihe �i�ing, se�ure the d�scharge af the li�n, or if r�quested by
<br /> Lender, deposit with Lend�r�ash or a su��icient carporate surety bond or other security sa�isfact�ry to Lender in an
<br /> amount sufficient to discharge th� lien plus any costs and attarneys' fees, or other charges that cou�d accru� as a
<br /> resuf�of a forec[osure vr sai� under the �ien. In any contest, Trustor shall defend itself and Lender and shall satisfy
<br /> any ad�erse judgment he�o�e en�orcement against the Prvperty. Trus�vr shall name Lender as an additional �bfigee
<br /> under any sur�ty bond�urnished in the contest proceedings.
<br /> E►►idence vf Paymen#. Trustor shall upan demand �urnish to L�nder satisfactory e�idence of payment of�h� taxes
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