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2� 1 �� 19�9
<br /> DEED �F TRUST
<br /> t�antinued� Page 2
<br /> 5ubstance an, under, abaut vr from the Property; and �h� any such acti�ity shall be conducted �n compliance with
<br /> all applicable federal, state, and lo�ai laws, r�gulations and �rdinanGes, including wi�hout limitation a��
<br /> En�iranmental Laws. Trustor autho�izes Lender and its agents to enter upon the Property ta make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine c�mpliance ot �he
<br /> Proper�y with this s�ction o� �he Deed af Trust. Any inspections or tests made by Lender shall be �or Lender's
<br /> purposes only and sha[� nvt �e construed to create any responsibiiity or liabi�ity on the part vf Lender to Trustvr or
<br /> to any other person. The representations and warran�ies contained herein are based on Trustor`s due diligence in
<br /> in�estigating the P�operty for Hazardous Substances. Trustor hereby �1} rel�ases and wai�es any #uture claims
<br /> against Lender for indemnity ❑r contrihutian in the ��ent Trustor becames liable for cleanup or o�her costs under
<br /> any such laws; and ��3 agrees to indemni�fy, defend, and hold harmless Lender agains�any and all �laims, lasses,
<br /> �iabiliti�s, damages, penalties, and expenses which Lender may direc�ly or indire�tly sustain or sufifer resulting fram
<br /> a hr�ach a��his secti�n ❑# the Deed vf Trust or as a consequen�e of any use� genera�ion, manufacture, starage,
<br /> disposaf, re�eas�or threatened release ac�urring prior t❑Trus�or's❑wnership or interes�in�he Property, wh�ther❑r
<br /> no� the same was o� shauld ha�e been known �o Trustor. The pro�isions o� �his section o�f the Deed o� Trust,
<br /> including the ab�igation to indemn��y and defend, shall sur�i�e the payment of the [ndebtedness and the satisfaction
<br /> and recon�eyance o��he li�n o�th�s Deed of Trust and shall nat be affe�ted by Lender's acquisi�ion af any interest
<br /> in the Property, whe�her by�orec�osure❑r otherwise.
<br /> Nuisance, Waste. Trustor sha�� not cause, canduct ar permit any nuisance nor cammit, permi�, or suffer any
<br /> stripping ❑fi ❑r waste on or to the P�operty or any portion of the Prope�ty. Vllifihaut limiting the generality of th�
<br /> foregaing, Trus�or wif� not remo�e, or grant tv any other party the r�ght to remove, any timher, minerals �including
<br /> vil and gas�, cval, clay, scoria, soil, gra�e�or rock products without Lender's prior written cvnsent.
<br /> Remova�vf Impro�ements. Trusfior shall not demolish�r remo�e any Impro�ements from th� Real Proper�y without
<br /> Lender's prior written consent. As a condition to�he remo�al ��any lmpro�emenfis, L�nder may require Trustor to
<br /> make arrangements satisfactory to Lender �❑ rep�ac� such lmpro�ements with impro�ements of a� least equa[
<br /> �alue.
<br /> L�nder`s Right to En#er. Lender and Lender's agents and representati�es may enter upon the Real Praperty at a[[
<br /> reasonable �imes to attend ta Lender's �nterests and to �nspect the Rea� Prope�ty for purpvses of Trustor's
<br /> cflmpliance with the terms and condit�ans o�th�s ❑eed o�Trust.
<br /> Campliance with Go�ernmental Requ�rements. Trustor shaf( prompt[y comp�y with a�� �aws, ordinances, and
<br /> regulations, now or hereafiter in effect, of a[[ go�ernmentaf authorit��s applicab�e �a '�he use or occupancy af th�
<br /> Property, including without limitation, the Americans With Disabi[ities Act. Trust�r may contest in gvad faith any
<br /> such law, ordinance, or regulation and wi-�hhold compliance during any proceeding, including app�opriate appeals,
<br /> so long as Trustor has notified Lender in wri-�ing privr to doing so and so long as, in Lender's so[e ap�nion, Lender's
<br /> in�erests in th� Property are not �eopardi�ed. Lender may require Trus�or �o pos� adequate security or a sure�y
<br /> hond, reasonab�y satisfactory�a Lender, tv protec�Lender's int�res�.
<br /> Duty #o Protect. T�ustor agr�es neither to abandon or lea�e unattended the Property. Trust�r shaff d� a�� other
<br /> acts, in addition�o�hose acts set forth abo�e in this se�tion, which fram the�hara�ter and use of the Property are
<br /> r�asonahly ne�essary to prot�ct and pr�ser�e the Property.
<br /> DUE QN SALE- C�NSENT BY LENDER. Lender may, at L�nder's vpti�n, deciare immediateiy due and payable all sums
<br /> secured by this Deed of Trus�upon the sale or transfer, without Lender's prior writt�n consent, o�ai! or any part of the
<br /> Real Property, o� any interest in�he Real Proper�y, A "sale or transfer" means�he con�eyance o� Real Property or any
<br /> righ�, title or int�r�st in the Real Proper�y; whether �egal, beneficial vr equi�able, whe�her �aluntary vr in��luntary;
<br /> whether by outright sale, deed, installment sale con�ra�t, (and contract, con�ra�� �or deed, �easehold interest w�th a
<br /> term grea�er than thr�� �3} years, lease-nptian contract. �r by sale, assignment, or transfer of any �eneficial infierest in
<br /> or to any land trust hafding title ta the Real Praperty, or by any other methad of con�eyance of an interest in the Real
<br /> Property. [f any Trustor is a corporation, partnership a� lirnited liab��ity company, transfer also includes any change in
<br /> ownership of more than twenty-���e percen� �25°/v3 0��he �oting sta�k, partnership interests ar limi�ed liability c�mpany
<br /> int�r�sts, as the case may �e, �f such Trustor. How��er, �his optian shai� not be ex�rc�sed by Lender if such exercise
<br /> is prahihited by federal law or by Nebraska law.
<br /> TAXES AND LIENS. The follawing pro�isions rela�ing �o �he taxes and liens an th� Property are part o� this Deed of
<br /> Trust:
<br /> Paymen�. Trustor shail pay when due �and in all e�enfi� privr to delinquency� all taxes, special taxes, ass�ssments,
<br /> �harges �including water and sewe�}, fin�s and impos�tions le�ied against ❑r on accaunt of the Property, and sha�l
<br /> pay when due all claims for work done on or fvr se��ices rendered vr material furnished to �he Property. Trustor
<br /> shall maintain the Pr�psrty free o�a[( liens ha�ing prior�ty o�e�vr equal���he interest of Lender under this Deed o�
<br /> Trust, except #or the lien vf taxes and assessments not du� and except as otherwise pro�ided in this Deed of
<br /> Trust.
<br /> Right to�vntes#. Trustor may withhald paymen�of any�ax, assessmen�, or�laim in �onnectian with a good #aith
<br /> dispu�e o�er th� o���gation to pay, so long as Lender's in�erest in the Proper�y is nat jeopardized. If a I€en arises or
<br /> is filed as a resu�t of nonpayment, Trustor shall within fifteen 4�5� days after the �ien arises or, if a I�en is f��ed,
<br /> within fifteen ���} days a�ter Trustor has notic� o� the filing, secure the discharge of th� lien, or if r�quested by
<br /> �ender, depvsi�with Lender cash or a su���c��nt corpvrat�sur�ty bond ar other security sa�isfac�ory�o Lender in an
<br /> amount su#ficien�tv discharge the lien plus any �osts and attorneys' �ees, or other �harges that could accrue as a
<br /> result a�a�areclosure❑r sale under the lien, ln any con�test, Trust�r shafl defend itsel�and Lender and shall sa�isfy
<br /> any ad�erse judgment before enfarcemen�agains��he Property. Trus�or shall name Lender as an additional vbligee
<br /> under any surety b�nd�urnished in the contes�proceedings.
<br /> E�idence ❑�Payment. Trustor sha{I upvn demand furnish �o Lende� satisfactary e�idence af payment af the taxes
<br /> or assessments and shall authorize the appropriate gouernmenta� o��€c�a� �o de�i�er to Lender at any time a written
<br /> statsm�nt o�the taxes and assessments against the Pr�perty.
<br /> Notice of Gvns#ructinn. Trustor shall notify Lender a� leas� fifteen 4'I�y days before any work is c�mmenced, any
<br /> ser�i�es are furnished, or any materials are supplied tv the Proper�y, i�f any mechanic's lien, materia�men's lien, or
<br /> a�her lien coufd be asserted an accaunt of the work, ser�ices, or ma�erials. Trus�or will upon request of Lender
<br /> furnish �o Lender ad�ance assu�ances satisfactory to Lender that Trustor can and will pay the cost o� such
<br /> impra�emen�s.
<br /> PR�PERTY {]AMAGE �NSURANCE. The �ollowing pro�isians refat€ng to insur�ng the Property are a par�❑f�his Deed af
<br /> Trust.
<br /> Maintenance of insurance. Trustvr shalf pracure and maintain po[ici�s o� �ire insurance wi�h standard ex�ended
<br /> co�erage endorsements on a rep[acement basis for �h� full insurab(e �a�ue co�ering all Impro�ements on fihe Rea�
<br /> Property in an amount suf�Ficient to a�oid appiication o� any coinsurance �lause, and wi�h a standard mortgagee
<br /> clause in fa�or of Lender. Trustor sha�� a�so pracure and maintain comprehensi�e general �iabili�y insurance in such
<br /> ca�erage amounts as Lender may request w�th Trustee and Lender being named as addi�ional insureds in such
<br /> liability insurance policies. Addi�ionafly, Trustor shal( maintain such other �nsurance, including bu� not limited tQ
<br /> hazard, business interrup�ion, and b�iler insurance, as Lender may reasonably r��uir�. Po�i�ies shall be written in
<br /> form, amounts, co�erages and basis reasanab[y acceptabfe to Lend�r and issued by a company or compani�s
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