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2� 1 ��33��
<br /> DEED �F TF�UST
<br /> {�ontinued� Page �
<br /> threatened litigation ❑r claims ❑� any kind �y any �erson relating �o such matters; and �3} Excep� as pre�i�usly
<br /> dis�losed to and a�knowledged by Lender in writing, �a� nei�her Trustor nor any tenant, contractor, agent�r other
<br /> au�horized user of the Prvp�rty sha�� use, generate, manufac�ur�, store, �reat, dispase nfi or release any Ha�ardous
<br /> 5ubstance �n, under, abaut or from�the Praperty; and �b� any such ac�i�ity shall be �anducted in complianc� with
<br /> all app�icable federal, state, and Ioca� laws, rPgulations and ordinances, inc�uding without Iimitation a��
<br /> En�iranmentai Laws. Trustor author��es Lender and i�s agen�s �a enter upon the Property to make such
<br /> inspections and tes�s, at Trustor's expense, as Lender may deem appropriate to determin� compliance of �he
<br /> Property rrvith this sec�ion vf th� Deed o� Trust. Any inspections or tests made by Lend�r shall be �or Lender's
<br /> purposes only and shall no� be construed to create any responsibili�y or liabili�y on the part of Lender to Trustor or
<br /> to any other person. The repres�ntat�ons and warranties contained herein are based on T�ustor's due diligence in
<br /> �n�estigating �he Property fvr Ha�ardous 5uhstances. Trustor hereby �'�� releases and wai�es any fu�ure claims
<br /> against Lender fvr indemnity ❑r �antr�hution in the e�ent Trustor becomes liable �or cleanup ❑r other cas�s under
<br /> any such laws; and ��� agrees to indemnify, defend, and hald harmless Lender against any and all claims, iosses,
<br /> liabilit��s, damages, penalti�s, and expenses which Lender may directly or indirectly susta�n or suffer resulting from
<br /> a brea�h o� this sec�ion of �he Deed o�Trust or as a consequence of any use, g�neration, manufac�ure, storage,
<br /> disposa�, release ar�hreatened re[ease occurring privr ta Trustor's vwnership�r interest in the Proper�y, whether or
<br /> not th� same was or should ha�e been knawn to Trustor. The pro�isions af �his s�ction a� the Deed of Trust,
<br /> �ncluding the obligation to indemni�y and d���nd, shall sur�i�e the payment af#he Indebtedness and the sa�isfaction
<br /> and recon�eyance of the lien of this De�d a�Trust and shall not be affec��d by Lend�r's acqu�s�tion of any �nterest
<br /> �n�he Prope�ty, whether by foreclosure or atherwise.
<br /> Nuisance, Waste. Trus�or shalf not cause, conduct or permit any nuisance nar commit, permit, vr suffer any
<br /> stripping o� or waste on ar �a �he Property or any po�tion o� th� Property. Wi�hout limi�ing th� generali�y of the
<br /> �oregoing, Trustor will no� remo�e, or grant�o any other party the right to remo�e, any timber, m�nerals {including
<br /> oil and gas}, coal, clay, scoria, soil, gra�el or rock products withaut Lender's prior wri�ten cons�nt.
<br /> Remaval vf Impro�ements. Trus�or shall not demolish or remo�e any Impra�em�nts from�he F�eal Praperty withvut
<br /> Lender's pri�r written consen'�. As a candi�it�n t�the rema�a[ of any �mpro�ements, Lender may require Trustor to
<br /> make arrangements satisfactory to Lender ta replace su�h Impr���m�nts with lmpro��ments of at least equal
<br /> �a�ue.
<br /> Lender's Right to Enter. Lender and Lender's agents and r�pres�ntati�es may enter upon the Real Pr�perty at all
<br /> reasonable �imes to attend to Lender's interests and �o inspect th� Real Property �or purpases of Trusto�'s
<br /> compliance with the�erms and conditians af this Deed of Trus�.
<br /> Camptian�e with Gv►►ernmental Requirements. Trustor shall promptly comply with ali laws, orc�inances, and
<br /> regula�ions, now or hereaf�er in effect, of alf go�ernmentai authorit�es applicahle to the use or occupancy of the
<br /> Property, in�luding withaut limitation, the Americans Vlfith Disabi(it€es Act. Trustor may �vn�est in good �aith any
<br /> such law, ordinance, ar regulation and withhold �ompliance during any pr�ceed�ng, in�iuding appropriate appeals,
<br /> so long as Trus�vr has noti�ied Lender in writing prior�o doing so and so iong as, in Lender's sole opinion, Lender's
<br /> interests in �the Property are not j�opardized. Lender may require Trustor to post adequate securi�y or a surety
<br /> �nnd, reasonably satisfa�tory to Lender, ta prvtect Lender's interest.
<br /> Duty tv Protect. Trustor agrees neither �o ahandon ar lea�e unattended the Property. Trustor shall dv all other
<br /> a��s, in addit�on to those acts set forth aba�e in�his section, which from the charac�er and us� o�th� Praper�y are
<br /> reasonably necessary tv pro�ect and preser��the Pr�pe�ty.
<br /> DUE flN SALE- CDNSENT BY LENDER. Lender may, at Lender's opt�on, deciare imm��liately due and paya�I� a!I sums
<br /> secured by this Deed af Trust upan the sale or transf�r, without L�nder's pr�o�written consent, of all or any part❑f the
<br /> Reaf Property, vr any inter�st �n the Real Prvper�y. A "sale or transfer" m�ans the con�eyance ❑f Real Property or any
<br /> right, tit�e ❑r interest in the F�eal P�operty; whether (egal, �enefieial or equitable; wheth�r �oluntary or in�otunta�y;
<br /> whe�her by outright sale, deed, insta[�ment sale contract, land contra�t, contract for deed, leasehold interes� with a
<br /> term great�r�han three 43y years, leas�--option contract, or by sale, assignmen�, ar�ransfer ❑�any beneficial interest in
<br /> or t❑ any land trust holding titl� �a th� Real Praperty, or by any other method of con�eyanc� �� an interesfi in the Real
<br /> Praperty. �fi any Trustor is a corporation, partnership or limit�d I�ability company, transfer alsa includes any change in
<br /> ownership of more�han twenty-fi�e percent �25°/0} of the �ot�ng stock, partnership in�eres�s ar limited I�ahility company
<br /> interests, as the cas� may b�, af such Trustor. Howe�er, tF�is option shal� not be ex�rcised by Lender if such exercise
<br /> is prohihited by federal law or by Nebraska lawo
<br /> TAlCES I�ND LIENS, The folfowing pro�isions relating to the taxes and liens on the Property are part of �his Deed ��
<br /> Trust:
<br /> Payment. Trustor shall pay when due �and in ail e�ents p�ior�o de�inquency� all taxes, special �ax�s, assessmen�s,
<br /> charges tincfuding water and sewer�, �ines and impositians le�ied against or on acc�unt of the Property, and shall
<br /> pay when due all �laims �or work done vn or for ser�ices rendered or materia! �urn�shed to the Property. T�ustor
<br /> shaf{ maintain the Property free af all liens ha�ing priori�y o�er vr equal to the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments nat due and excep� as otherwis� p���ided in �his De�d o�
<br /> Trus�.
<br /> Right to Cvntest. Trustar may withhold payment o� any tax, assessment, ar claim in connec�ion with a good fai�h
<br /> dispute a�er the obligation to pay, so fong as Lender's interest in the Property is nat jeopardized, If a lien arises or
<br /> is fi�ed as a result of nonpayment, Trustor shall within �if�een {�5� days a�ter the I�en arises or, if a lien is fi�ed,
<br /> within �ifteen ��5� days after Trustor has notice of the filing, secure th� discharge of the iien, ar if requested by
<br /> Lender, depos�t with Lender cash ar a su�fi�ient corporate surety�ond or other security satis�a�tvey to Lender in an
<br /> amvunt su��ic�ent ro discharge the fien p�us any costs and attorn�ys' fees, or a�her Gharges that could accrue as a
<br /> result of a farec[osu�e or sale under�he lien. In any contest, Trusto�shall defend itself and Lender and shall sa�isfy
<br /> any ad�erse judgment b��ore enforcemen#against�he Praperty, Trustor shali name Lender as an additiona�❑hligee
<br /> under any sure�y bond furnished in th� contest proceedings.
<br /> E�iden�e of Payment. Trustar shal� upvn demand furnish ta Lender sa�isfac��ry e�idence o� payment of the taxes
<br /> or assessmenfis and shall auth�ri�� th� appropr�ate go�ernmental affi�ial to deli�er to Lend�� at any tim� a written
<br /> s�a�ement o�the taxes and assessments aga�nst the Property.
<br /> iVvtice of Cvnstructivn. Trust�r shall notify Lender at least fifiteen ��5} days befvre any work is �vmmenced, any
<br /> ser�ices ar� furnished, ar any materiais ar� supp�i�d �o �h� Property, if any mechanic's lien, materialmen's �ien, or
<br /> other li�n �ould be asserted on account of the work, s�r�ices, �r materials. Trustor will upon request of Lender
<br /> furnish �o Lender ad�ance assurances sa�isfac�ory t� Lender that T�ustor can and will pay the cost af such
<br /> imp�o�ements.
<br /> PR�PERTY DAMAGE INSURANCE. The follawing pro�isions relating to insuring th� Prop�rty are a part o�this �eed of
<br /> Trust.
<br /> Maintenance o# Insurance. Trustor shall pro�ure and rnaintain polici�s ❑� �ire �nsurance with standard �xtended
<br /> co�erage endvrsements on a replacement basis �or the �ull insurabfe �a[ue co�er�ng a!I Impro�ements an the Real
<br /> Praperty in an amount su���cient to a�oid application ❑f any coinsuranc� clause, and with a standard mortgag�e
<br /> cfause in fa�or of Lender. Trustor shall also procure and maintain comprehensi�e general liahility insurance in such
<br /> co�erage amounts as Lend�r may request with Trus�ee and Lender being named as additional insureds in such
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