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2� 1 �� 1388
<br /> DEED �F TRUST
<br /> ��Orltirlued� Page �
<br /> authorized user of the Property shall us�, generate, manu�acture, store, trea�, dispose of or release any Hazardous
<br /> Substan�e on, under, about v�from the Property; and �h} any such acti�ity shall !�e condu�ted in compliance with
<br /> all applicable fed�ra[, state, and locai laws, regulations and vrdinan�es, �ncluding without limitation all
<br /> En�irvnmental Laws. T�ustar authari�es L�nder and its agents to enter upon the Pr�p�rty to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine comp�iance of the
<br /> Property w�th �h�s section of �he Deed of Trust. Any �nspections or tests made hy Lender shall be for Lender's
<br /> purposes vnly and shall no� be cons�rued t� create any responsibility or liability on the part o� Lender�o Trus�or ar
<br /> to any other person. The representations and warranties c�ntained herein are based an Trustor's due diligence in
<br /> in��stigating the Proper�y �or Hazardous Substances. Trustar her�by �1� releases and wai�es any fu�ure claims
<br /> against Lender �or indemnity or c�ntribution in the e�ent Trustor becomes liable for cleanup �r o�her costs under
<br /> any su�h laws; and ��� agrees to indemnify, defend, and ho[d harm�ess Lender aga�nst any and all claims, Iosses,
<br /> liabi�ities, damages, penalties, and expenses which Lsnd�r may directly or�nd�r�ct�y sustain ar suffer resul�ing from
<br /> a breach of this sec�ion of the Deed af Trust ar as a consequence o� any use, generation, manufacture, st�rage,
<br /> disposa�, release or�hreatened releas�occurring prior tv Trustor's awnership�r�nterest�n the Property, wh�the�ar
<br /> not the same was or should ha�e been known ta Trustor. The pro�is�ons of this section af the Deed of Trust,
<br /> inc[ud�ng the ohliga�ion t❑ indemnify and de�end, shall sur�i�e the paymsnt o�the Indebtedness and the satisfaction
<br /> and recan�eyance of the �ien of this ❑eed of Trust and shall nat be af�ected by L�nder's acquisi�ion of any interest
<br /> in the Property, whe�her by fivreelosure or oth�rwise.
<br /> Nu�sance, Waste. Trus�or shall nvt cause, c�nduct vr p�rmit any nuisanc� nor commit, permi�, or suffer any
<br /> stripping o� or waste on or to �he Property or any portion of the Property. 1Nithaut �imiting the generality of the
<br /> foregoing, T�ustor will no� remo�e, or grant tn any other party the right to r�mn�e, any �imber, minerals �including
<br /> oil and gas}, coal, clay, scoria, soil, gra�el or rock products without Lender's priar w�itten �flnsent.
<br /> R�mv►►a[of�mpra►rements. Trus�or shall not demolish or remo�e any Impro�ements from the Real Property without
<br /> Lender's prior written consen�. As a condi�ion to the remo�af of any Impro�em�nts, Lender may require Trust�r t�
<br /> mak� arrangements satisfac�vey ta Lender to replace su�h Impro�ements with [mpra�ements of a� leas� e�ua!
<br /> �alue.
<br /> Lender's R�ght to En#er. Lender and Lender`s agen�s and represen�a�i�es may enter upan the Rea1 Property a't all
<br /> reasonable times fio attend to Lsnder's interests and '�o inspect the R�al Proper�y for purposes of Trus�or's
<br /> campliance w�th the terms and cvnditions of this �eed of Trust.
<br /> Compiiance with Go�ernmental Requirements. Trus�or shall promptly comply with all laws, ordinances, and
<br /> regula�ians, n�w or herea�t�r in e�f�ct, of all go�ernmental authorities applicable to th� use ar occupancy of the
<br /> Proper�y, including without [imitat�on, the Americans VIlith Disahilities Act. Trus�or may can�test in good #aith any
<br /> such [av►r, flrdinance, or regu�atifln and withhold complian�e during any proceeding, incfuding apprapriate appeals,
<br /> so lang as Trustor has no��'��ed Lender�n writ�ng prior to doing so and so long as, in Lender's sole op�nion, Lender's
<br /> interests in the Praperty are not jeopard�zed. Lender may require Trustar to pvst adequa�e security or a surety
<br /> bond, reasanably satisfactory to Lender, to protect Lender's interest.
<br /> ❑uty to Protect. Trus�or agrees neither �a abandan or lea�e unat�ended �h� Property. Trustor shall do a[[ other
<br /> acts, in addi�ion to those acts set forth abo�e in this s�ction, which fir�m the character and use of the Pr�p�rty a��
<br /> reasonably necessary�❑ pro�ec�and preser��th� Property.
<br /> DUE aN SALE-C�NSENT BY LENDER. Lender may, a� Lender's ap�ion, declar� immediat�ly due and payable all sums
<br /> se�ured by this ❑eed o�Trust upon the sale or transfer, wi�hvu� Lender's prior wri��en consent, ❑�a�� or any part of the
<br /> Real Prvperty, vr any int�r�st in the Real Propsrty. A "sale or transfer" means�he con�eyance of Rea� Property ar any
<br /> right, title or in�erest in the Reai P�aperty; whether legal, beneficial or equi'�able; whether vvluntary or in�oluntary;
<br /> wh�the� by au�righ� safe, deed, insta�lment sa�e cantract, fand �ontract, contra�t for deed, �easehofd inter�st with a
<br /> term greate�r than three {3} years, lease-option �ontract, ar by sa�e, assignm�nt, or transfer af any heneficiaf interest in
<br /> or to any �and trust holding ti�le to �he Real Pr�perty, or by any ather method of con�eyanc� ❑f an interest in the Reai
<br /> Property. Howe��r, �his �p�ion shall no� he ex�rcised by Lender if such exercise is proh€b�ted by federal �aw or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The �o��owing pro�isions relating to �he taxes and liens on �he Properfiy are part of this Deed vf
<br /> Trust:
<br /> Paymen#. Trus�or shall pay wh�n du� �and in a([ e�ents prior to delinquency� all taxes, special taxes, assessments,
<br /> charges ��nciuding water and sewery, fines and imp�sitians le��ed against ar on account of the Property, and sha11
<br /> pay when due all claims far wvrk dvne on or for ser�i�es rendered or mat�ria[ �u�n�sh�d to the Property. Trusto�
<br /> shall maintain the Propsrty free of all liens ha�ing privrity o�er❑r�qual to the interest❑�Lend�r under this ❑eed of
<br /> Trust, except �or the lien o� taxes and assessmen�s no� due and excep� as vtherwise pro�ided �n this Deed �f
<br /> Trust.
<br /> Right to Cantest. Trust�r may withha[d payment o�any tax, assessment, or claim in conn�c�ion with a good faifih
<br /> d�spute o�er the obligation to pay, so Iong as Lender's interest in the Praperty is not jeopardized, If a lien arises ar
<br /> is fii�ed as a result of nonpayment, Trustor shafl within fifteen �15} days a�ter -�he fien arises �r, if a lien is filed,
<br /> within �i�teen �15} days after Trus�or has nt�tice of the fifing, secure the d�scharge o� the lien, or if requested by
<br /> Lender, d�posit with Lender cash or a sufficient corpvrate surety bond ❑r other security sat�s�actory to Lender in an
<br /> amount sufficient to discha�ge the lien plus any cos�s and at�orneys' fees, or other charges that could accrue as a
<br /> resul�❑f a foreclosure or saie under th� lien. In any contes�, Trus�or shall defend itself and Lender and shall sa�isfy
<br /> any ad�erse�udgm�nt before�nfor��ment against the Prvperty. Trustor shall name Lend�r as an additional obligee
<br /> under any surety bvnd fiurnished in the �on�est p�oceed�ngs.
<br /> E�idence ❑f Payment. Trustor shall upon demand furnfsh to Lend�r satis�act�ry e�idence of payment of th� taxes
<br /> ar assessm�nts and shall authori�e �he appropriate g��srnmentaf officia� to de€i�er�o Lender at any time a written
<br /> s�atem�nt o�the taxes and assessmen�s agains�t the Property.
<br /> No�i�e v#Constructivn. Trustor shall notify Lender a� least fif�een ��5� days before any work is commenced, any
<br /> ser�ices are #urnished, or any mater�als are supplied to the Proper�y, if any mechani�'s lien, materia�m�n's lien, or
<br /> other lien �ould be asserted �n acc�unt o� the worl�, ser�ices, or materials. Trustor will upon request o� Lender
<br /> furnish �o Lender ad�ance assurances satis�Factvey to Lender that Trustor can and will pay the cast o� such
<br /> impro�ements. .
<br /> PRQPERTY DAMA�E INSURANCE. The follawing pro�isions r�lating to insuring the Property are a part❑f this Deed o�
<br /> Trust.
<br /> Maintenance of lnsurance. Trustor shall prvcure and main�ain policies of fire insurance with standard ex�ended
<br /> co�erag� endorsements on a replacement basis �or the full insurable �alue co�ering al� �mpro�emenfis on the Real
<br /> Property in an amount suf�icient to a�aid appli�a�ian of any coinsurance clause, and with a standard mortgagee
<br /> clause �n fa�or of Lender. Trustor shall also procure and maintain comprehensi�e general liabif�ty insurance in su�h
<br /> Go�erage amounts as Lende� may �equest with Trustee and L.ender being nam�d as additional insureds in su�h
<br /> liability insurance policies. Additiona��y, Trustar shall maintain such other insurance, including but not ��mi�ed �o
<br /> hazard, business interrupt�an, and ba�le� insuran�e, as Lender may reasonably require. Policies sha[[ be written in
<br /> form, amvun-�s, cvveragss and basis reasonahly accep�able ta Lender and issued by a company or companies
<br /> reasonably acceptable �� L�nder. Trustor, upon request of Lender, �rvill deli�er to Lender from �ime to time the
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