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� 2� 1 ��2119 aEE�a �F T�usT Loan No: 810'I�8�4 ��rltirlu�d} Page � acknowledged by Lender in wri#ing, (a} any breach or v3olation af any En�ironm�ntal Laws, �b} any use, genera#ivn, manufacture, storage, treatment, disp�sa�, release ar threatened release q�F any Hazardous Substan�e on, under, ahaut ar fr�m the Property by any privr owners ❑r occupants ❑f the Property, or �c} any actual ❑r threat�ned litigatian or claims of any kind by any persan re�ating to such matters; and �3} Ex�ept as previously disc�osed to and acknow�edged by Lender in writing, �a} neither Trustor nor any tenant, cantractor,agent or ather a�tharized user of the Property shall use,generate, manufacture, stvre,treat, dispose of or release any Haza�d�us 5uhstance❑n, under, about or�rom the Praperty;and �b} any such acti�ity shall be cvnducted in �om�liance wi�h all appficable federal, state, and Iv�af laws, regulations and ordinances, including withaut limitation a11 Envirflnmental Laws. Trustar au#hvrizes Lender and its agents #v enter upon the Property ta make such inspections and tests, at Trustvr's expense, as Lender may deem apprapriate t❑ determine compliance of the Property with this se�tion af the Deed af Trust. Any inspectians or tests mad� by Lender sha�� be far Lender's purposes only and shall nat be construed to create any responsibility vr liability on the part af Lender ta T�ust�r❑r ta any ather�persvn. The representatEans and warranties can�ained herein a�e hased ❑n Trustar's due diligence in in�estEgating th� Praperty for Hazardous Substances. Trustor hereby ��} releases and waives any future claims against Lender fvr indemnity or contribution in the event Trustor becomes liable for cteanup or other cos#s under any such laws; and �2} agrees ta indemnify, defend, and ho�d harm�ess Lender against any and all claims, lasses, liabilities, damages, penal#ies, and expenses which Lender may directly or indirectEy sustain or suffer resu�ting from a breach ❑f this se�tian of the Deed o�Trust or as a consequenGe �f any us�, generat�an, manufacture, storage, dispasal, release or threatened release accurring prior#o Trustor's awnership ar interest in the Property,whether or not the same was or shvuld have been known ta Trustar. The pro�isians of this sectian of the Dsed of Trust, inc�uding the abligativn t❑indemnify and defend,shall survive the paymen�vf the Indebt�dness and the sat�sfactivn and reconveyance of the lien af this Deed of Trust and shall not be aff�cted by Lender's acquisition of any interest in the Property,whether by forecfosure or atherwise. Nuisance, Was#e. Trustar shafl not cause, conduct or perrnit any nuisance nor commit, permit, or suffer any stripping ❑f❑r waste on ar to the Prape�ty ❑r any portion of the Property. Wi�hout limiting the generality of the fvregoing, Trustor wili not remv��, or grant to any other party the right tv remove, any timbe�, m�nera�s �including oil and gas}, cval,clay, scvria,soiE,gravel or rock produGts wi�hout Lender's prior written consent. Remvvai of Impro�ements. Trustor shall not demolisli vr remove any Impro�ements fram the Real Prap�rty without L�nder's privr written cvnsent. As a condition ta the removal of any lmprovements, Lender may r�quire Trustor to make arrangemenfs sa#isfactory ta Lender to replace such impto�ements with Imprpvements of at least equaf �alue. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upan the Real Prvperty at all rsasonable times to attend ta Lender's interests and ta inspect the Rea! Prvperty for purposes af Trustor's compliance with the terms and�onditions of this Deed of Trust. Compliance wEth �overnmgntal Requirements. Trustor shail pramptly cvmply with all laws, ordinan�es, and regulations, now ar hereafter in effect, o�a�f governmental authorities appli�able to the use vr Qccupancy of�h� Property, including withflut limitation, the AmeriGans With Disabilities A�t. Trustvr may cantest in good �aith any such law, ord+nance, ar regulation and withhvld cvmpliance during any proceeding, including apprapriate appeals, so Iong as Trustar has notified Lender in wri�ing privr tv doing so and so iong as, in Lend�r's svle opinion, Lender's interests in �he �roperty are not jsvpardized. Lender may require Trust�r to past adequate securtty or a surety bond, reasonab�y satisfactory to Lender,to protect Lender's int�rest. Duty ta Pr�#ect. Trustor agrees neither t❑ abandvn or lea�e unattended the Properky. Trustar shall do all ❑ther acts, in addition to#hose acts set forth above in this section,which from the�haracter and use of the Property are �easanably necessary tv protect and preserve the Property, TRANSFER�F THE PRDPERTY. Lender may, at Lender's option, declare immediately due and payable all sums secured hy this fleed af Trust upon the sale or transfer, withou� L�nder's prior written consent, of al� a� any part of the Rea� Prvperty, or any interest in the Real Property. A"sal�or trans#er"means the conveyance of Real Property vr any right, title ❑r interest in the Real Proper#y;whether�egal, beneficiaf vr equitahle;whether�o�untary or in�oluntary;whe#her by outright sale, deed, installment sale contra�t, land cantract, contract fvr deed, leasehold interest with a term greater than three �3}years, lease-vption contract, or by sale,assignment, �r transfer of any beneficiaE interes�in or to any land trust halding ti#le to the Real Prvperty, or by any other rnethod of con�eyance�f an interest in the Rea� Property. If�ny Trustor is a�orpvration, partnership vr limited liabifity company,transfer aiso includes any change in ownership❑f more than twen#y-fi�e percent �25°/fl} af the �oting s#ock, partnership �nterests or limited liability company interests, as the case may be, of su�h Trustflr. Howe�er, #his ❑ption shali not he exercised by Lender if such exer�is� is prohibited by f�deral law ❑r by Nebraska law. Nvtwithstanding anything to the contrary herein, �Crustvr shall be entitled tv convey the Real Property to its sale member, Perkins Delaware LLC, a Nebraska limited liabi�ity �vmpany, and any such con�eyance shafl nat be deemed to consti#ute a sale or transfer. Further, the assignment of Trustor's limited liability membership interes#s to P�rkins Delaware LLC shall not bs deerried ta cons#itute a#ransfer. TAXES AND LIENS. The follvwing pravisions relating to the taxes and liens vn the Property are part o�this aeed af Trust: Payment. T�ustor shali pay when due�and in all events prior to delinquency}all taxes,special taxes, assessments, charges �inc�udin�water and sewer}, fines and imposi#ions le�ied against or on account vf the Property, and sha�l pay when due all claims for wark dane on ❑r for services rendered vr materia! furnished t❑ the Prvperty. Trustor shall maintain the Property free af all liens ha�ing priority�ver❑r equal tv the interest of Lender under this Deed of Trust, except for the lien o� taxes and assessments not due and ex�ept as n#herwise pro�ided in this Deed of Trust. Right to�ontest. Trustvr may withhold payment of any#ax, assessment, ❑r claim in cannec#ion with a govd faith dispute over the obligat�on ta pay, so�ong as Lender's interest in the Prvpe�ky is not}eopardized. If a lien arises or is fifed as a result af nvnpaymen#, Trustor shall within fifteen �15} days after #he lien arises ❑r, if a fien.is filed, within fifteen �15} days after Trustor has notice of the filing, secure the discharge of the lien, vr if requested by Lender, deposit with Lender cash or a su#ftcient corporate surety bond or other security satisfactory tv Lender in an amaunt suffi�ient to discharge the iien p�us any�asts and attorneys'fees, or❑ther charges that cvuld accrue as a result of a foreclvsure vr sale under the lien. in any cvn#est, Trustar shall defend itself and Lender and shali satisfy any adverse judgment before enfor�emen#against the Property. Trustvr shaEl name Lender as an additional ob�igee under any surety bond furnished in the cvntesi proceedings. E�idence vf Payment. Trustor shal� upon demand furnish �o Lende�satisfactary e�idence of payment❑f the taxes or assessments and shaff authorize the apprvpriate go�ernmental official t❑ deli�er t❑ Lender at any time a written statement of the taxes and assessments against the Prope�ty. Noti�e vf Construct�on. Trustvr shall notify Lender at least fifteen �15� days before any w�rk is cQmmenced, any services are furnished, or any materials are supplied t❑the Property, if any mechanic's iien, materiaimen's lien, or other I�en �ou�d be asserted vn account vf the wark, services, vr materials. Trustar will upan request of Lender furnish to Lender advance assurances satisfactory to L�nder that Trustor can and will pay the cflst vf such impro��ments. PR�PERTY DAAAAGE INSURANCE. The follvwing pro�isions relating t❑ insuring the Property are a part oi this Deed of Trust.