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2� 1 ��41 ��
<br /> DEED �F TRUST
<br /> �Cvntinued� Page �
<br /> PAYMENT AND PERF�RIVIANCE. Excep�as o�herwise pro�id�d in this ❑eed v�Trust, Borrower and Trustnr shal� pay�to
<br /> Lender all Inde�tedness secured by this Deed vf Trust as it becomes due, and Borrawer and Trustar sha�� stric�ly
<br /> perf�rm all the�r respecti�e vbliga�ions under the Note, th�s De�d❑�Trust, and the Related Do�uments.
<br /> P�SSESSI�N AND MA�IVTENANCE �F THE PR�PERTY. Sorrow�r and Trustar agree �hat Borrower's and Trus�or's
<br /> possession and use of the Prop�rty shali �e go�erned by the �following pro�isions:
<br /> Possession and Use. Unt�� the flccurr�nce of an E�ent ❑f Default, Trus�or may �1� remain in possession and
<br /> control ❑f�he Prope�ty; 4�� use, operate or manage th� Property; and �3� collect the Rents�rom the Proper�y.
<br /> Duty to Main�ain. T�ustor shail maintain the Prop�rty in tenan�able condition and prompfi�y p�rfarm all repairs,
<br /> replacements, and maintenance necessary to preser�e its �alue.
<br /> Compliance Vlli�h Enr►irvnmenta� Laws. Trustor represents and warrants to Lender �hat: �1 y During t�e period of
<br /> Trustor's ownership af the Praperfiy, there has been no us�, generatian, manufac�ure, storage, treatmen�, dispasal,
<br /> re�ease or threatened release vf any Hazardous Su�stance hy any person on, under, about or �rom t�� Property;
<br /> ��} Trustvr has na knowledge of, or reason to �elie�e that there has been, except as pre�ious�y d�sciosed to and
<br /> acknowledged by Lender in writing, �a} any b�each or �ialation of any En�ironmental Laws, �b� any use,
<br /> generatian, manufacture, stora�e, treatment, d�sposai, release or threatened release of any Haza�dous Substance
<br /> on, under, abou� or from the Prop�rty hy any prior owners or accupan�s of the Property, or �c3 any actual or
<br /> threat�ned litiga�ion or claims o� any kind E�y any persan relating ta such ma��ers; and �37 Except as pre�iously
<br /> disclosed to and acknowledged by L�nde��n writing, �a} neither Trus�tor nar any tenant, contractor, agent or o�her
<br /> author�zed user of the Property shaf� use, generate, manu�a�ture, store, trea�, dispose af or release any Hazardous
<br /> 5u�stance on, under, about or from the Pr�perty; and (b� any such acti�ity shall be c�nduct�d in compliance wi�h
<br /> all appiica�le federal, s�a�e, and local laws, regu�ations and ❑rdinances, including without lim�tatian all
<br /> En�irvnmenta� Laws. Trus�or autharizes Lender and its agents �o enter upon the Property to make SUCh
<br /> inspections and �ests, at Trus�ar's expense, as Lender may d�em appropriate to determine comp[i�nce o� �he
<br /> Prap�rty with this section of the Deed of Trus�. Any inspections or �ests made by Lender shall be �ar L�nder's
<br /> purposes anfy and shal! not be cons�rued �o crea�e any responsibility or ��ability on the par� af Lender to Trustor ar
<br /> to any other person. The represen#ations and warranties contained herein are based �n Trus�or's due dii�gence in
<br /> in�es�iga�ing the Property for Hazardous Subs�ances. Trustor hereby �1� r�ieases and wai�es any fu�ure cla�ms
<br /> agains� Lender for indemnity �� contrihution in the e�ent Trus�or hecomes liable for c�eanup or �ther cos�s under
<br /> any such laws; and ��y agrees �o indemnifiy, defend, and hold harmless Lender against any and all claims, losses,
<br /> I�ab�lities, damages, penalti�s, and exp�nses which Lender may direc�ly or indirec�ly sustain or suffer resulting fr�m
<br /> a breach of this s�c�ion of the Deed ��Trust �r as a consequence af any use, generation, manufacture, storage,
<br /> disposa�, release or�hreatened release occu�r�ng pr�or to Trustor's ownership or in�eres�in th� Prap�rty, whether❑r
<br /> not the same was or should ha�e be�n knawn t❑ Trustar. The pro�isions of �his sec�ion o� the ❑eed of Trus�,
<br /> incfuding the vhligation to indemnify and de�end, sha��sur���e the payment of the �nd�b�edness and the satisfac�ion
<br /> and recon�eyance of the �ien of this D��d o�Trust and sha�i not be affected by Lender`s acquisitian a�any interes�
<br /> in the Property, whe�her by f�reclvsure or otherwise.
<br /> Nuisance, VIlaste, Trustor shall not �ause, condu�t or permit any nu�sance nor commit, permit, or su��er any
<br /> s�ripping of or waste on ❑r t❑ the Property or any portian af th� Property. 1lVifihout ��miting the generality a� the
<br /> foregoing, Trustor wi�� not remo�e, �r grant to any other par�y the righ�to r�m��e, any �imher, minerals �including
<br /> o�l and gasy, coal, clay, scnr�a, soi�, gra�e! or rock produ�ts withou�Lender's prior written cons�nt.
<br /> Remo►►al of Impro�emen�s. Trustor sha[� nat demolish or rema�e any f mpro�emen'�s fram�he Rea[ Property withau�
<br /> Lender's priar written consent. As a �ondition�o the remo�a� o�any lmpro�ements, Lender may require Trustor to
<br /> make arrangements satisfa��ory to Lender ta replace su�h [mprv��ments with lmpro�emen#s of at least equal
<br /> �alue.
<br /> L�nder's Right tv Enter. Lender and Lender's agents and r�presentati�es may en�er upon the Real Proper�y at al!
<br /> reasonable �imes �� attend to Lender's �nterests and to inspect �he Real Praper�y f�r purposes of Trus��r's
<br /> compliance with the�erms and conditions o�this ❑eed o�Trust.
<br /> Gamplian�e with Gvvernmental Requirements. Trustor sha�I promptly comply with all laws, ❑rdir�ances, and
<br /> regulations, navv ar hereafter in effeC�, of all ga�ernmentai authoriti�s app�icah�e to the use or accupancy o� the
<br /> Property, including without limitation, th� Americans With �isabilities A�t. T�ustor may �ontes� in good �aith any
<br /> su�h �aw, ordinance, or regulation and withhvld compliance during any proceeding, inc�uding apprvpriate app�a�s,
<br /> so long as Trus�or has notif�ed Lender in writing prior to doing so and so long as, in Lender's so�� opinian, Lender's
<br /> int��ests in the Property are nat jeopard��ed. Lende� may require Trustar to post adequate security ar a surety
<br /> band, �easonably satisfa�tory�o Lender, t❑ pratect Lender's interest.
<br /> Duty to Prot��t. Trustor agrees neither to ahandon or I�a�e unattended the Property. Trus�or shafl do a�f other
<br /> ac�s, in addition to�hase acts set for�h aba�� in this sec�ion, which from the character and use af the Property are
<br /> reasonably necessary to protect and preser�e the Proper�y.
<br /> DUE DN SALE - C�NSENT BY LENf]ER. Lender may, at Lender's op�ion, de�lare �mmediately due and paya�le all sums
<br /> secur�d hy this Deed �f Trus� upon the sa(e ❑r trans�e�, without L�nder's prior wri��en consent, of af[ or any� part of the
<br /> Real Praperty, or any interes� in �he Reaf Praperty, A "sale or trans�er" means �he can�eyance �f Real Property or any
<br /> �igh�, ti�le or interest in the R�al Prop�rty; whether legal, beneficial or equitahle; whether �alun�ary or in�oluntary;
<br /> whether by outright sale, deed, installment sale contra�t, land c�ntract, contract for deed, leasehold interest with a
<br /> term grea�er than three �3� years, lease-ap�ion con�ract, or hy sale, assignm�nt, or trans�er of �ny hen�fi�ial interest in
<br /> ar to any land �rus� holding t�tle to the Rea! Praperty, or hy any other method of con�eyance of an interest in the Rea�
<br /> Pr�p�rty. Howe�er, this option shali not be exer�ised by Lender if such exer�ise is prohibited by federal law or �y
<br /> Nebraska law.
<br /> TAXES AND LIENS, The fallawing pr��isions relating to the taxes and �iens on the Proper�y are part of th�s D��d of
<br /> Trust:
<br /> Payment. Trust�r shall pay rivh�n due {and in all e�ents prior tv delinquencyy all taxes, specia� taxes, assessments,
<br /> �harges �including water and sew�r�, fines and impflsitions le�ied ag�inst or on account o�the Property, and shali
<br /> pay when due all �laims far work done on or �or ser�€ces �endered or material furnished to �he Property. Trust�r
<br /> shall maintain�he Prop�rty�ree of all Iiens ha�ing priority o�er or equal�o the interest af Lender under this Deed of
<br /> Trust, except �or the ��sn o� taxes and assessmen�s no� due and except as otherwise prv�ided in thf5 ❑eed �f
<br /> Trust.
<br /> Right to Contest. Trustor may wi�hhold payment of any tax, assessmen�, or claim in cannect�on with a good faith
<br /> dispute o�er th�obligatian�a pay, so lang as Lender's interes� in the Proper�y is na�jeopardized. if a IEen arises or
<br /> is f€�ed as a resul� of nonpayment, Trustor shall within fifteen {'�5f days after the li�n arises or, if a fien is �iled,
<br /> within �ifteen �15� days af�er Trustor has notic� o� the �iling, secure �he discharge af the lien, ar if reques�ed by
<br /> . Lender, deposit wi�h Lender cash vr a suff€ci�nt corporate surety bond or o�her security satis�actory to Lender in an
<br /> amount suf��cien�to discharge the lien pfus any casts and atto�neys` ��L'S, or ❑ther charges�hat cau�d accrue as a
<br /> result of a�orec�osure or sale under�he lien, In any contest, Trustor shall defend itself and Lender and shal! satisfy
<br /> any ad�erse judgment befare enfarcemen�against the Property. Trustor shall name Lender as an addit�ona! obligee
<br /> under any surety �ond furnished in the cantest proceed�ngs.
<br /> E�idence af Payment. Trustor shall upon demand furnish to Lender sat�s�actory e�idence of payment ❑��he taxes
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