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2� 1 ��41 � 1
<br /> DEED �F TF�UST
<br /> �Cotltinued} Page �
<br /> authorized user of the Prope�ty shall use, genera�e, manufacture, store, treat, dispase fl�or release any Ha�ardaus
<br /> Su�stance an, undsr, about ar from the Property; and �by any such acti�ity shal� be conducted in compliance with
<br /> al1 applicable federa�, state, and io�al �aws, regulations and ordinan�es, inciuding ►rvithou� limitatian all
<br /> En�ironmental Laws. Trustor au�hori�es Lender and its agents ta enter upon the Proper�y t� make su�h
<br /> inspections and tests, at Trustnr�5 expense, as Lender may deem approp�iate ta de�ermine compliance o� the
<br /> Property with �his section of the Deed of Trust. Any inspections ar tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any respansibii�ty or Iiahil�ty ❑n the part af Lender t� Trusto� or
<br /> to any other persan. The represen�a�ions and warranties contained herein are based on Trus�or's due di[ig�nce in
<br /> in�estigating the Pr�perty for Ha�ardous Substan�es. Trustar here�y {1} releas�s and wai�es any future c�aims
<br /> against Lender for indemnity �r �ontribution in the e�ent T�ustor becomes liable far cleanup or other costs under
<br /> any such laws; and 4�� agrees to indemnify, de�end, and hflid harmiess Lender against any and all cla�ms, Ia55G5,
<br /> �iabilities, damages, penalties, and exp�ns�s which Lender may dire�tly❑r indirectly sus�ain or suffer resuiting from
<br /> a �reach o��h�s section of the ❑eed af Trust or as a consequence o� any use, generation, manufacture, storage,
<br /> disposal, r�lease o�threatened release�ccurring prior ta Trustor's own�rsh�p or interest in�he Property, whether or
<br /> nat �he same was o� should ha�e been known to Trustor. The pro�isions o� this seGtion ❑f the �eed o� Trust,
<br /> including the ab[igation to indemnify and defiend, shall sur�i�e the payment o�the Indebtedness and �he satis�action
<br /> and reGvn�eyanc� v��he lien �f this Deed of Trus�and shall not be a��ected by Lende�'s acquisition of any interest
<br /> in the Property, whefih�r hy foreclosure or otherwise,
<br /> Nuisan�e. Waste. Trustor shall no� cause, canduct �r permit any nu�sance nor cammit, permi�, ar suffer any
<br /> stripping of or waste �n or ta the Property ar any por�ian af �h� Prop�rty. V1lithaut �imiting the generality of the
<br /> foregoing, Trus�or will not remo�e, or grant to any other par�y the right to remo�e, any �imber, minerals 4including
<br /> oil and gas}, caal, clay, scoria, svil, gra�el or rack products withou�Lender's pri�r written consent.
<br /> Remo�al of ImproWements. Trustor shal[ not demo�ish or remo�e any fmpro�emen�s from �he Rea� Property wi�hvu�
<br /> Lender's prio�writ�en consent. As a condition#o�he remo�ai of any Impro�emen�s, Lender may require Trustor to
<br /> make arrangements satisfac�ary to Lender to r�p(ace such lmprfl��men�s with Impro�em�nts vf at I�ast equal
<br /> �alue.
<br /> Lende�r's Right to Enter. Lender and Lender's agents and representati�es may enter upon the Real Property at all
<br /> reasonable times to attend to Lender's interests and t� insp�ct the R�a� Property far purposes �f Trustar's
<br /> compliance with the terms and conditions af�his Deed ofi Trust.
<br /> Campliance with Ga�ernmental Requiremen�s. Trus�or shall promptly comp(y w�th al� iaws, ordinances, and
<br /> r�gulatians, now �r herea�ter in effect, of all go�ernmen�al authorities applicabie to the use �r occupancy af �he
<br /> Pr�pe�ty, including without limitatian, the Americans With �isabili�ies Ac�. Trustor may contest in goad faith any
<br /> such law, ordinance, or regulation and withhold compliance during any pro�eeding, incfuding appropria�e appeafs,
<br /> so long as Trustar has nntified Lende��n vvriting prior to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interests in �he Prop�r�y are not j�opardized. Lender may require Trus�or �o post adequate security or a 5ure�y
<br /> bond, reasonably satisfa�t�ry tv Lender, to protect Lender's interest.
<br /> Du�y tv Protect. Trustor agrees neither to abandon or lea�e unattended the Property. Trustor shafl do all other
<br /> acts, in addition�o�hose acts set�or�h abo�e in this section, wh�ch �from the character and use a�the Property are
<br /> reasanably n�c�ssary ta protect and preser�e the Property.
<br /> DLlE�N SALE - CDNSENT BY LENDER. Lender may, at Lender's op�ion, declare immediateiy due and paya�le all sums
<br /> secured by this Deed of Trust upon�h� sale ❑r transfer, withou� Lender's prior written consent, ��all ar any par�of the
<br /> Real Property, or any in�eres� in the Reai Property. A "sale or�ransfer" means�he �on�eyance a� Real Property or any
<br /> righ�, title or interest in the Real Property; whether lega�, beneficial or equitahle; whe�her �aluntary or involun�ary;
<br /> whether by outr�ght sale, deed, �ns�allment sale contract, land contract, cvntract far deed, �easehold interest with a
<br /> �erm grea�er than three �3} years, iease-option cantract, ar �y sal�, assignmenfi, or�ransfer of any heneficial interest in
<br /> or to any land �rust hofding title tv the Real Property, or by any �ther methad o� con�eyance of an in�erest in the Rea!
<br /> Property. Hawe�er, this option shall nat be exercised by Lender if su�h ex�rcise is prohi�ited by federal law vr by
<br /> Nebraska faw.
<br /> TAXES AND LiENS. The follvwing pro�isions relating to th� taxes and liens an the Property are part o� this Deed of
<br /> T�ust:
<br /> Paym�nt. Trus�or shalf pay when due �and in all e�ents prior to delinquencyy aff�axes, special taxes, assessments,
<br /> charges �including wa�er and sewer}, fines and impositions fe�ied against or an a�count o��he Prvperty, and shalf
<br /> pay when du� all claims for work d�ne an or far ser�ices rendered or ma�erial furnished to the Property. Trus�or
<br /> shall ma�n�ain the Property �ree of all liens ha�ing p�iority o�er or equal to the �n�erest of Lender under this ❑eed af
<br /> Trust, except �flr the lien af �axes and assessments not due and except as o�herwise prv�ided in th�s ❑eed of
<br /> Trust.
<br /> Right ta Con�est. Trusta� may withhold paymen�of any�ax, assessment, or claim �n connection with a good �aith
<br /> d�spute o�er the obligation to pay, so Ivng as Lender's interest�n the Property is not jeopardized. If a iien arises ar
<br /> is fiied as a result of nonpayment, Trustor shall within �ifteen 4�5� days after the lien arises or, ifi a lien is �iled,
<br /> within �i�teen t 15} days after Trustor has noti�e o� the �iling, secure the discharge �f the lien, o� i� reques�ed by
<br /> Lender, depos�t with Lender cash or a sufficient carpo�ate surety band ❑r vther securi�y satisfactory to Lender in an
<br /> amount su�ficient to discharge�he lien plus any costs and attarneys' fees, or other �harges that could accrue as a
<br /> r�sul�of a forec(osure or sale under the lien, ln any�ontest, Trust�r sha��de�end itself and �ender and sha��satisfy
<br /> any ad�erse judgment be�ore enfar�emen�against the Property. Trustor sha�( name Lender as an additionaf Qb��gee
<br /> under any surety bond�urn�sh�d �n the contest proceedings.
<br /> Er►iden�e of Payment. Trustor shali upon demand furnish to Lender satisfa��ory ��idence of payment of the taxes
<br /> or assessments and shall authvri�e the appropriate go�ernmental official to deli�er to Lender at any �ime a wri�ten
<br /> s�atement a�the taxes and assessments against the Property.
<br /> Notice nf Constru��ian. Trustar shall no�ify Lender at least fifteen 4153 days k�e�are any work is c�mm�nced, any
<br /> ser�ices are �furnished, or any materials are supplied to the Pr�pe�ty, if any mechan�c's lien, ma�erialmen's lien, ❑r
<br /> ❑ther lien cvuld be asserted on account ❑f �he work, ser�ices, or mat�rials. Trust�r wili upon reques� af Lender
<br /> #urnish to Lender ad�an�e assurances satisfactory to Lender �hat Trustor can and wilf pay the C�S� af such
<br /> impro�ements.
<br /> PR�PERTY �AMACE INSURANCE. The following pro�isions refating t� insuring the Property are a part of this aeed af
<br /> Trust.
<br /> Maintenance o� insurance. Trustor shall pracure and maintain policies of �ire insurance with standard extended
<br /> co�erage endorsements on a repia��ment basis �or the full insurab[e �alue co�ering ali Impro�emen�s an the Rea�
<br /> Proper�y in an amount sufficient to a�oid application of any co�nsuranc� c�ause, and with a s�andard mortgagee
<br /> clause in�a�or of Lend��. Trustor shall also pracure and maintain comprehens��e general fia�ili�y insurance in su�h
<br /> �o�erage amoun�s as Lender may request wi�h Trustee and Lender being named as additional insureds in such
<br /> I€ability insurance poli�i�s. Additianally, Trustor shall main�ain such other insurance, inc�uding but na� limit�d to
<br /> hazard, t�usiness interruptian, and b�iler insuran�e, as Lender may reasonably require. Po�icies shall be writt�n in
<br /> form, amaunts, co�erages and hasis reasonably accep�able �v �ender and issued by a company vr �ompanies
<br /> reasonably acceptabfe to Lender. Trustor, upon request of Lender, will deli��r to L�nde� from time to time the
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