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2� 1 ��358�
<br /> DEED �F TRLJST
<br /> �Cont�nued} Page z
<br /> authorized user o�the Property shall use, genera�e, manufactu�e, sto�e, treat, dispose ❑f or releas� any Hazardous
<br /> Substance ❑n, und�r, abvut or from the Property; and �b� any such acti��ty shall be conduc�ed in comp��ance with
<br /> all applicable fiederal, state, and �ocal iaws, regulations and o�dinan�es, including withaut limitation all
<br /> En�ironmental Laws. Trustor au�hori�es Lender and its agents to enter upon the Proper�y to make such
<br /> inspections and �ests, at Trustor's expense, as Lender may deem appropr�ate to determine c�mpfiance o� the
<br /> P�oper�y with this section �f the Deed af Trus�. Any inspections o� tests made by Lender shall b� for Lender's
<br /> purposes only and sha�! not be construed to crea�e any respvnsibility or �iabifity on the par�of Lender to Trustor or
<br /> �n any other pers�n. The representations and warranties �ontained here�n are based on Trustor's due di��gence in
<br /> in�estiga�ing the Property far Ha�ardaus 5uhs�ances. Trus��r hereby �17 re�eases and wai��s any future c�aims
<br /> against Lender for indemn�ty or contri�utian in the e�en� Trus�or hecomes liab(e for cleanup or o�her casts under
<br /> any such laws; and {2y agrees to indemnify, defend, and hold harmless Lender aga�nst any and all �laims, losses,
<br /> �iabilities, damages, penalties, and exp�nses which Lender may dire��ly or indirectly sustain or suffer resul�ing from
<br /> a breach a��his sec�ian of the �eed ❑�T�ust �r as a consequence af any use, gen�ration, manufac�ure, s�orage,
<br /> disposal, r��ease ar threatened release occur�ing prior to Trustvr's ❑wnership or in�eres�in the Praperty, whe�her or
<br /> nv� th� same was or should ha�e been knouvn to Trustor. The pro�isions of �his section o� th� Deed of Trus�,
<br /> including the Qbligation to indemnify and d�fend, sha��sur�i��the payment of the �ndebtedness and the satisfac�ivn
<br /> and recon�eyance of the fien of this Deed of Trust and sha�� not be affected by Lender's acquisition of any interes�
<br /> in�he Property, whefiher by foreclosure or�thervvise.
<br /> Nuisance. Vlraste. Trustvr shall not cause, �onduct or pe�mit any nuisance nor cammi�, permit, or suf#er any
<br /> stripping of or waste on or to �the Praperty or any portion of the Property. Without limi�ing �he gene�aiity of the
<br /> foregoing, Trustor w��� not remo�e, vr grant to any other party �he right ta rem��e, any timber, minera�s ��ncluding
<br /> oil and gasy, coal, c[ay, scoria, soil, gra�el or ro�k pr�du�ts without Lender's prior written �onsent.
<br /> RemoWal o�[mpro�emen�s. Trustar shall not demolish or remo�e any Impro�ements frvm the Real Property without
<br /> Lender's prior written consent. As a condition to th� removai of any f mpra�ements, Lender may requir�Trustor to
<br /> make a�rangemen�s satis�actory �o Lender tv replace such Impro�emen�s with Impro��m�nts af a� least equal
<br /> �alue.
<br /> Lender's Right�v Enter. Lender and Lender's agents and representati�es may enter upon the Real P�oper�y a� all
<br /> reasonable times to attend �o �ender's interests and ta inspe�t the Real Prvper�y for purp�ses o� Trustar's
<br /> compliance with the terms and �onditions of�his Deed of Trust.
<br /> Compliance with Gv�ernmental Requiremen�s. Trustor sha[I prompt�y comp�y with all laws, ordinances, and
<br /> regu�ations, nvw or herea�ter in e�fect, of all go�ernmental authorities appiica��e �o �h� use or occupancy of �he
<br /> Prnperty, including without Iim�tation, the Americans 1Ni�h Disabilities Act. Trustor may contest in good faith any
<br /> such law, ❑rdinance, or reguiati�n and withhald compliance during any proceeding, inc�ud�ng appropria�e appea�s,
<br /> so long as Trustor has no�ified Lender in wr�ting prior to doing sa and so lang as, in Lender's so�e opinion, Lender's
<br /> interests in the Proper�y are not jeapard�zed. Lender may require Trustar �o pos� adequate security or a surety
<br /> band, reas�nably satis�ac�ory t❑ Lender, to prote�t Lend�r's �nte�es�.
<br /> ❑uty fo Pratect. Trustar agrees neither to abandan or lea�e unattended the Praperty. Trustor shall da ai� ❑ther
<br /> ac�s, in add�tion t❑those acts set forth aho�e in this sectian, which�ram fihe character and use of the Property ar�
<br /> reasvnably necessary tv prv�ec#and preser��the Pr�perty.
<br /> ❑UE�N SALE- CUNSENT BY LENDER. Lender may, at Lender's aptian, d�c�are immediately due and payab�� al! sums
<br /> secured by�his ❑eed of Trusfi upon �he sale �r transfer, withou� Lender's prior written consent, of all �r any part v��he
<br /> Real Prop�rty, or any interest in th� Rea� Property. A "sale or�ransfer" means the con��yance of Real Property or any
<br /> righ�, title or interest in the Real Praperty, wh�ther legal, beneficial or equitable; whether vo�untary or in�ofuntary;
<br /> rrvhether by ❑utright sale, deed, �ns�allment sale contract, land contract, cvn�ract �ar deed, ieaseho�d interest with a
<br /> �erm greater than thr�e �3� years, lease-option contract, or by sa�e, assignment, ❑r transfer of any hene�icial in�eres� in
<br /> or to any land trust holding title to the Real Proper�y, or by any ather method of can�eyance af an interest in the Real
<br /> Praperty. If any Trustor is a corparation, partnership or limited liabifity �ompany, �ransfer also includes any change in
<br /> ownership�fi more than twenty--�i�e per��nt �25°/0} of the�oting stock, partnership interesfis or limited �iability company
<br /> in�erests, as the �ase may be, o�such Trustor. Howe�er, this ❑ption shall not �e exer�ised by Lender if such �x�rcise
<br /> is prahibited by federal law ar by N�braska �aw.
<br /> TAXES AND LIENS. The fallowing pro�isions rsiating ta the taxes and liens on the Property are part �� this Deed vf
<br /> Trust:
<br /> Payment. Trustor shall pay wh�n due �and in a!! e�ents prior to delinquency� all taxes, spe�ial taxes, assessments,
<br /> charges �including wa�er and sew�r�, fines and impos�tions ie�ied against❑r on accvunt o��he Proper�y, and shafl
<br /> pay when due all claims for work done on or �or se��ices rendered or material furnished to the Property. Trustar
<br /> shall main�ain the P�aperty free af all Iiens ha�ing priarity o�e�vr equa�to the interes�of Lender under�his Deed �f
<br /> Trust, except f�r the ��en of taxes and assessments n�t due and except as otherwise pro�ided in this Deed af
<br /> Trust.
<br /> R�ght tv Con#est. Trustor may withho�d payment of any tax, assessmen�, or claim in conn�ction v►rith a good faith
<br /> dispute o�2r th� o�ligation ta pay, so long as Lender's interest in the Property is not jeopardized. I�a lien arises❑r
<br /> is filed as a resuft v� nonpaymen�, Trustor shall within fi�teen �15� days after �he f ien arises or, if a lien is �il�d,
<br /> within �i#teen ��5� days a�ter Trustor has notice vf �he filing, secur� the discharge ❑f the lien, or if requested by
<br /> Lender, deposit with Lender cash or a su��fcient carporate surety bond ❑r other securi�y satis�actory to Lender in an
<br /> amount suf�icient to discharge �he lien p�us any c�sts and attorneys' fees, or ather charges that cau�d accrue as a
<br /> r�sult of a forecfosure❑r sale under�he lien. ln any cont�st, T�usto�sha!! defend ifiself and Lender and shall safiis�y
<br /> any ad�erse�udgment�efore en�or�emen�against the Property. Trust�r sha�I name Lender as an additiana�abligee
<br /> under any sure�y bond furnished in the contesfi pro�eedings.
<br /> Evidence of Payment. Trustor shaff upan demand furnish �o Lender satisfactory e�iden�e o� payment of the taxes
<br /> �r assessments and shall au�harize the apprapriate go�ernmen�ta� ❑���Cial �o deli�er t❑ Lender at any �ime a writ�en
<br /> statement of the taxes and assessments agains�the Property.
<br /> Notice ❑� Cons�ruc�ion. Trustor shal� nvtify Lender at least fif�een ��5y days before any work is cammenced, any
<br /> ser�i�es are furnished, ar any materia�s are supplied to the Proper�y, �f any mechanic's li�n, materialmen's lien, o�
<br /> other lien �ou�d �e asserted on accnunt o� the work, ser�ices, or materials. Trust�r wili upon request of Lender
<br /> furnish �v L�nd�r ad�ance assurances satisfactory to Lender that Trustor can and will pa� the cast of such
<br /> impra�emen�s.
<br /> PR�PERTY DAMAGE INSURANCE. The #vllowing pra�isions relating to insuring the Property are a par�of this Deed of
<br /> Trust.
<br /> Maintsnance o� [nsuran�e. Trustor shall procure and main�ain policies of �ir� �nsurance with s�andard extended
<br /> co�erage endorsements on a rep�a�ement basis for the �ull insurable �alue co��ring a�! �mpro�ements an the Rea!
<br /> Property in an amaun� suffi�ient ta a�aid application vf any coinsurance clause, and vv�th a standard m�rtgagee
<br /> clause in fa�ar af Lender. Trustor sha�) a�so procure and mainfiain comprehensi��gen�ra� I�a�ility insuranGe in such
<br /> co�erage amounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br /> lia�ility insurance po�icies. Addi�ionally, Trustor shal� maintain such other insurance, including �ufi not limited to
<br /> ha�ard, business interruption, and boiler insurance, as Lender may r�asonably require. Policies sha�� be wri�ten in
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