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2� 1 ��228�
<br /> DEED DF TRLJST
<br /> ���ntinuedj Pa�e Z
<br /> aGknowledged t�y Lender in wri�ing, �a� any breach vr ��vlation o� any En�ironmental Laws, �b� any use,
<br /> generation, manufacture, s�orage, treatment, dispasa(, release vr threat�ned release of any Hazard�us Substance
<br /> on, under, about vr from the Property by any prior owners or occupants of the Property, or �cy any actuai or
<br /> threatened litigation or claims of any kind by any person �elating to such matters; and �3� Ex�ept as pr��iously
<br /> discfosed tv and acknowledged by L�nd�r�n writing, �a} neither Trustvr nvr any�enan�, contractor, agent or other
<br /> authorized user of the Proper�y shall use, generat�, manufacture, sto�e, treat, dispose of or release any Hazardvus
<br /> 5ubstance on, under, about ar�rom the Property; and {b� any such acti�ity sha�l be canducted in compliance with
<br /> alf appficab�e federal, s�a�e, and l�caC laws, reguiations and ordinances, in�luding wi�hout limitation all
<br /> En�ir�nmenta� Laws. Trustor au�hori�es Lender and its agents �o ent�r upon the Proper�y t� mak� such
<br /> inspectivns and tests, at Trus�ar's expense, as Lender may deem appropriate to determine compfiance o� �he
<br /> Praperty with �his sectivn of the Deed of Trust. Any inspe�tians or �ests made by Lender shall be for Lender's
<br /> purpvses onfy and shall nvt be cons�rued ta create any responsibilifiy ar liability on the part of Lender to Trustor or
<br /> #❑ any o�h�r person. The representations and warranties cantained herein are based on Trustor's due diligence in
<br /> in�estigating the Praperty far Hazardvus 5ubs�an�es. Trust�r hereby �1} releases and wai�es any �u�ure c�aims
<br /> agains� Lender for indemnity or contribu�ion in the e�ent Trustor becomes liab�e for cleanup or other �os#s und�r
<br /> any such �aws; and �2} agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, pena�ties, and expenses which L�nder may dir�ctly or indir�ctly susta�n or su#fer resulting from
<br /> a brea�h of this section �f the Deed of Trus� or as a conseq�aence vf any use, generation, manufac�ure, storage,
<br /> d�sposal, release or threatened release v�curring prior�o Trustor's ownership or int�r�st in th� Property, whether or
<br /> not the same was or should ha�e been knawn to Trustor. The pro�isivns vf this sectivn v� the Deed of Trust,
<br /> including the obfigatian to indemni�y and de�end, shall sur�i�e�he paymen�vf�he �ndebtedness and the satisfaction
<br /> and re�an�eyance of the lien o��his Deed o#Trust and shall nvt E�e affec�ed hy Lender's acquisition of any interes�
<br /> �n the P�operty, whether by fare�[�sure�r otherw+se.
<br /> Nuisance. Waste. Trustvr shall nvt cause, conduct or permit any nuisance nar cammit, permit, or suf�er any
<br /> stripping a� vr v+raste vn or t❑ the Property or any portion o� the Praperty. Without limi�ing the genera[ity o� the
<br /> forego�ng, Trustar will not remv�e, flr grant ta any other pa�ty the right to r�ma�e, any timber, minera[s �€nclud�ng
<br /> oil and gasy, �oal, clay, scoria, soil, gra�el ❑r rock products withaut Lender's prior written consen�.
<br /> Remo�a�of Imprv�ements. Trus�or shall no#demolish ar remo�e any Impro��men�ks from th� Real Property without
<br /> Lender's privr writt�n �onsent. As a candition to the remo�al af any [mpra��ments, Lender may require Trust�r to
<br /> mak� arrangements satis#actory ta Lender to replace su�h Impro�ements with [mpr��ements of a� l�ast equai
<br /> �alue.
<br /> Lender`s Righ�to Enter. Lend�� and Lender's agents and representati�es may enter upon the ��a� Prvper�y at aff
<br /> reasonable times to attend ta Lender's �nt�rests and to inspec� the Real Property for purposes v�F Trus�or's
<br /> compliance wi�h�he terms and conditions o�this Deed a�Trust.
<br /> Comp�iance with GvWernmental Requiremen#s. T�ustor sha�� pr�mptly �omply wi�h all laws, ardinances, and
<br /> regufations, naw vr hereafi�er in effect, of a[� go��rnmental authorities app��cable to the use or vccupancy of the
<br /> Property, incfuding without limitation, the Americans With ❑isah��ities Act. Trusfior may contes� in good �aith any
<br /> such law, ❑rdinance, vr regula�ion and withhold compliance during any pro�eeding, including appropriate app�als,
<br /> so long as Trustor has nvtified Lender in wri�ing prior�❑doing so and so Iong as, in Lender's svle opinivn, Lender's
<br /> int�rests in �he Property are not jeopardiz�d. Lender may require Trustor t❑ post ade�uat� s�curifiy or a surety
<br /> b�nd, reasonahly satisfiactory t� Lender, to protect Lender's interest.
<br /> Duty to Prv#e�t. Trus�or agrees neither to al�andon vr lea�e unafitended the Property. Trustar sha�l do a�� vther
<br /> a�ts, in addition tv thvse acts set�vrth abo�e in this se�tion, which frvm the character and use of the Prop�rty are
<br /> reasvnably nec�ssary to prote�t and preser�e�he Proper#y.
<br /> C�nstructian Loan. !f s�me or a��of the praceeds af the loan creating�he lndebtedness are to be used to construct
<br /> ar complete constru�tion of any Improvemenfis on the Property, the Impro�emen�s shall he comp�eted nv later than
<br /> the maturity date of the Note �vr such ear�ier date as Lender may reasonably estahlish� and Trustor sha�� pay in�ull
<br /> all C�5�5 and expenses in cannection with the wark. Lende� wi�� dishurse loan praceeds under such terms and
<br /> �onditions as Lende� may deem reasvnably necessary to insur�that�he interest created by this Deed af Trust shal�
<br /> ha�e priority a�er al! possib�e liens, including�hose of material suppliers and warkm�n. Lender may require, amang
<br /> other things, that disbursement requests be suppor�ed by r�ceip�ed bilfs, expense a��ida�its, wai�ers vf liens,
<br /> const�-uction prvgress reparts, and such other documentatian as Lender may reasonabiy request.
<br /> ❑UE�N SALE-C(3NSENT BY LENDER. L�nder may, at L�nder's option, de�lare immediately due and payab�e a�l sums
<br /> secured by this Deed o�Trust upon the sale vr transfer, withaut Lender's prior written consent, of alf or any part of the
<br /> Rea� Property, or any interest in the R�al Proper�y. A "sale or transfer" means the con�eyance of Real Prvperty a� any
<br /> right, title or interest in �h� Rea� Property; whe�her legal, heneficial or equitable; whether �oluntary ar �n�oluntary;
<br /> whether by ou�right sale, deed, instaliment sale contract, land contract, contract �or deed, leasehald int�rest with a
<br /> term greater than three 43� years, lease-vption contract, or by sale, assignment, or transfer of any beneficial interes� in
<br /> or�o any fand trust holding �i�le �o th� Real Praperty, or by a�y oth�r method o� canWeyance of an interest in the Real
<br /> Prvperty. �f any Trustor is a corporati�n, partnership or limit�d liabi�ity company, �ransfer also includes any Ghange in
<br /> ownership of mvre than�wenty-fi�e per�ent ��54/�y of the�oting st�ck, pa�tnership inte�ests �r f imi�ed �iability campany
<br /> int�rests, as the case may b�, of such Trustor. Howe�er, this flption sha[f n�t he exercised by Lender if such exercise
<br /> is prahi#�ited by federaf faw or hy Nebraska law.
<br /> TAXES AND L�ENS. The following pr��is€ons re�ating tv the taxes and liens ❑n �he Prvperty are part o� this Deed of
<br /> Trust:
<br /> Paymen�. Trustor shaii pay when due �and in all e�ents pri�r t� de[inquency� ail�axes, spe�ial fiaxes, ass�ssments,
<br /> charges �including water and sewer}, fines and impositions �e�ied against or�n account o�the Proper�y, and sha�l
<br /> pay when due all claims f�r work done on ar �or ser�i�es rendered or material furnished to th� Property. Trus�or
<br /> shaff maintain the Property free of af[ liens ha�ing priori�y o�er ar equal to the in�eres�of Lender under�his Deed of
<br /> Trus�, except �or the lien ❑f taxes and assessments not due and except as atherwise pro�ided in this D��d of
<br /> Trust.
<br /> Right to�on�est. Trust�r may withhold paymen�of any�ax, assessment, vr Cfaim in connection with a good faith
<br /> dispute o�er the abligation to �ay, s� l�ng as Lender's interest in the Proper�y is not jeapardized. I�a lien arises vr
<br /> �s fifed as a result of nonpayment, Trustor shal! within fifteen �15� days after the �ien arises or, i� a lien �s filed,
<br /> wi�hin fifteen t 15� days af�er Trustor has noti�e vf the ��Iing, secure the discharge of �he lien, or i� �equested by
<br /> Lender, dep�sit with Lender cash or a sufficient corporat� sur�ty bvnd ar other security sa�isfac�ory to L�nder�n an
<br /> amvunt sufficient to discharge the li�n plus any costs and afitorneys' fees, ❑�other charges�hat�ould accrue as a
<br /> resul�of a f�reclosure�r sale under the lien. ln any con�est, Trustar sha��defend itself and Lender and shail satisfy
<br /> any ad�erse�udgment before enfarcement against the Prvperty. Trustor shaif name Lender as an addi�iona�oblig�e
<br /> under any surety b�nd furnished in the con�est pro�eedings.
<br /> Evidence of Payment. Trustor shall upvn demand �urnish to Lender satisfact�ry e�idenc� o# payment af the taxes
<br /> or assessmen�s and sha[[ authorize �he appropriate go�ernmen�al ofificial to deli��r tv Lende� at any time a writt�n
<br /> statement of�he�ax�s and ass�ssments against the Praper�y.
<br /> Noti�e af Construction. Trustor shall not��y Lender at least fif�een �15� days b�fore any w�rk is commenced, any
<br /> servi�es are furnished, or any mater�afs are supplied tv the Praperty, if any me�hanic's lien, materiaimen`s iien, or
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