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2� 1 ��4121
<br /> DEED �F TRUST
<br /> ��vntinued3 Page �
<br /> law, ❑r any ❑ther law which may pre�ent Lender �rom br�nging any action agains� Trustar, inciuding a claim far
<br /> defi�iency ta the extent Lender is otherwis� ent�t[ed to a c�aim �or de�iciency, before ar after L�nd�r's commen�emen�
<br /> or comp[�tian of any foreclosure action, either jud�cia��y or�y exercise o�a power af sale.
<br /> PAYMENT AND PERF�RMANCE. Except as othe�wise pro��ded in this Deed of Trust, Borrower and Trust�r sha�! pay to
<br /> L�nder a�� indebtedness secured by rhis ❑eed o� Trust as it becom�s due, and gorrower and Trustar shall strictly
<br /> pe�#orm ali their respec�i�e obligations unde�the Note, this ❑eed of Trust, and the Related Documents.
<br /> P�SSESSIDN AN❑ MAtNTENANCE QF THE PR�PERTY. Borrower and Trustor agree �hat Borrower's and Trustor's
<br /> possess�on and use of the Praperty shall be go�erned hy the�o��owing pro�isions.
<br /> Possession and Use. Un�il the occurrence �f an E�ent �� De#au�t, Trus�or may �'i� remain in p�ssession and
<br /> contro� of the Proper�y; ��y use, operate or manage the Property; and �3} cvllect the Ren�s from the Property.
<br /> Duty ta 1Vlaintain. Trustor shalf maintain the Prope�ty in tenantable condition and prvmp�ly perform all repairs,
<br /> rep�acements, and maintenance necessary to prese��e �ts�a�ue.
<br /> Compliance With En�irvnmental Laws. Trustar represents and warrants to Lender that: ��y During the period of
<br /> Trustor's ownership ❑f the Praperty, �here has been no use, generation, manufacture, s�orage, treatment, dispasal,
<br /> reiease or threatened release of any Hazardous 5ubstance by any person on, under, abau� or from th� Property;
<br /> �2y Trustor has no knvwledge of, vr reasan to belie�e that there has been, exc�pt as pre�iously disclosed to and
<br /> acknowl�dg�d �ay Lender in wri�ing, {ay any breach or �iolation o� any En�ironmental Laws, 4by any use,
<br /> �eneration, manu#acture, storage, �rea�ment, dispasal, r�l�as� or threatened reiease o� any Hazardous Substance
<br /> on, under, abaut ❑r �rom the Proper�y by any pri�r �wners or occupants of the Prope�ty, or �c� any a�tuaf or
<br /> threa�ened liti�ation or c�aims o# any kind by any person rela�ing t� such matters; and {3} Except as pre�i�usly
<br /> disclosed tv and acknow�edged by Lender in writing, �a� neither Trus�or nor any�enant, contractar, agen�or other
<br /> authori�ed user af the Property sha�l use, generate, manufac�ure, s�ore, �reat, dispose o�or release any Hazardous
<br /> SubstanGe on, under, abaut or from the Property; and {b� any such ac�i�ity shall be c�nduct�d in cnmpliance wi�h
<br /> ail applica�le �ederal, state, and loca� lavvs, regulations and ardinances, including withaut limitarion all
<br /> En�ironmental Laws. Trustor authorizes Lender an�l its agents ta enter upon the Property to make such
<br /> inspections and tests, at Trus�or's expense, as Lender may deem appropriate to determine campliance o� the
<br /> Property with th�s section of the Deed of Trust. Any inspections or �ests made by Lender shall he for Lender's
<br /> purposes only and sha�� nat be construed �o �rea�e any responsibility or liabifity on the part o� Lender to Trustor o�
<br /> to any other person. The r�presentati�ns and warranties contained herein are #�ased on Trustor's due diligence in
<br /> in�estigating the Property for Hazardous 5ubstances. Trustor hereby ��y releases and wai�es any future claims
<br /> against Lender �or indemnity ar contr�butian in �he e�ent Trustar becomes iiable �ar cleanup vr other costs under
<br /> any such laws; and 42y agrees to indemni�y, de�end, and hold harmless Lender against any and all ��a�ms, Iosses,
<br /> liab��it�es, damages, penal�ies, and expens�s wh�ch Lender may directly or indirectly sus�ain ❑r suffer resulting from
<br /> a breach of this section of the Deed af Trust or as a consequence v� any use, generation, manufacture, storage,
<br /> dispasa�, re�ease ar threa�ened release occurring prior to Trustor's awnership or�nterest in�he Property, wh�ther or
<br /> not the same was ❑r should ha�e heen kn�wn t� Trustor, The pro�isions o� this section ❑f the Deed of Trust,
<br /> including the ob��gation ta indemnify and defend, shall sur�i�e the payment of th� Indebtedness and�he sa�isfiaction
<br /> and re�on�eyance of the lien of this Deed of Trust and shall nat he affec�ed by Lender's acqu�s�tion af any interest
<br /> in the Praper�y, wh�ther by foreclosure or otherwise.
<br /> Nuisance, Was�e. Trustar shall not caus�, cflnduct or perm�t any nuisan�e nar cammi�, permit, or su��er any
<br /> stripping o� or was�e on or �o the Property or any pQrtion o� the Property. Without limiting the genera�ity vf the
<br /> foregoing, Trustor will no� remo�e, ar grant to any oth�r party the right �o remo�e, any timber, minera(s ��ncluding
<br /> Qil and gasy, �oa�, ciay, s�aria, soil, gra�el �r rock produ�ts without Lender's prior written consen�.
<br /> Remo�al of Imprv�emen#s. Trustor shall not demvlish or remo�e any �mpro�ements from the Rea1 Property withaut
<br /> Lender's privr wri�ten �onsent, As a �ond�tion ta the remo�al of any Imprv�ements, Lender may require Trustor to
<br /> make a�rangements sa�isfact�ry t� Lender ta replace such �mpro�ements with Impro�ements of at least equal
<br /> �alue.
<br /> Lender's Right to Enter. Lender and Lender's agen�s and represen�ati�es may en�er upon �he Real Property at af�
<br /> reasonable times to attend to Lender's interests and �o inspec� the Real Property �or purpvses ❑f Trustar's
<br /> camplian�e with the terms and cond�tions af this ❑eed vf Trust.
<br /> Complian�e with Gv►►ernmen�al R�quirements. Trustor sha�i promptly comply with all laws, �rdinances, and
<br /> regulatiQns, nouv or hereafter �n effect, of all g��ernmentai autharities app��cab�e �o the use or �ccupancy o� the
<br /> Property, including without I�m�tatifln, the Americans Vllith Disahili�ies Ac�. Trustor may contest in good fai�h any
<br /> such law, ordinance, or regulati�n and withho�d complianc� during any prviceeding, �ncluding approp��ate appeals,
<br /> so fang as Trustor has no�ified Lender in writing prior to doing so and so long as, in Lender's sole�pinion, Lender`5
<br /> in�erests in the Property are not �eopardized. Lender may r�quir� T�ustor to post adequate securi�y vr a surety
<br /> bond, reas�nably sat�s�a�tary to Lender, �o pra�ect Lender's inter�st.
<br /> Duty to Prv�ect, Trustar agrees neither to abandan or fea�e una�t�nded the Property. Trustor shall do all v�her
<br /> acts, in addition to th�se acts set�orth abo�e in this sec�ion, rrvhi�h�rom the charac�er and use a��he Property are
<br /> reasonably necessary�o protect and preser�e the Prope�ty.
<br /> DUE�N SALE-C�NSENT BY LEN�ER. Lender may, at Lender's option, d�clare immediately due and payable alf sums
<br /> secured �y this ❑eed o�T�ust upon the sale or transfer, withaut Lender's priar written cansent, of a!I or any part o��he
<br /> Real Property, ❑r any inte�est �n the Real Property. A "sale or transfer" means the con��yance o� Real Property or any
<br /> right, title ar interest in the Rea[ Prnperty; whether legal, beneficial or equitable; whether �oluntary or in�alun�ary;
<br /> wheth�r by autright sale, de�d, insfiaf�ment sale contract, land con�ra�t, con�ract for deed, leasehold interest wi�h a
<br /> term great�r than three �3y years, lease-�ptian contract, o� by sa�e, assignment, or transfer of any bene�i�€a� interest in
<br /> or to any fand trust hvlding �i�le to �he Real Property, or by any other method o� con�eyance of an interest in the Real
<br /> Property. Howe�er, this option shall not be �xer�ised by Lender if such exercise is proh�hited by �ederal !aw or by
<br /> Nehraska law.
<br /> TAXES AND LIENS. The �following pr��isions relating to the taxes and liens on �he Property are part o� this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due �and in all e�ents prior to delin�u�ncy� a��taxes, special taxes, assessments,
<br /> charges �including water and sewery, �ines and �mposi�ions �e�ied against ar an accaunt o�the Property, and shall
<br /> pay when due all claims �ar wo�k done on vr for ser�ices rendered or material furnished to the Proper�y. Trustor
<br /> shall maintain the Property free o�alf liens ha�ing priarity o�er or equal to the interest o� L�nder under this D�ed of
<br /> Trust, except far �he lien o� taxes and assessments not due and excep# as otherwise pro�ided �n this ❑eed of
<br /> Trust.
<br /> Righ�to�ontest. Trustor may withhold payment af any tax, assessment, o� c�aim in conne�tion wi�h a good faith
<br /> dispu�e o�er th� obligat�on to pay, so ivng as Lender's �n�erest in the Praperty is not j�apardized. If a �ien arises or
<br /> is filed as a result af nonpayment, Trustor shall withir� �ift�en ��5� days afiter �he lien aris�s or, if a fien is #iled,
<br /> within fifteen ��5� days aft�r Trusto� has nafiice of �he filing, secure �he discharge ❑f the lien, ar i� reques�ed by
<br /> Lender, deposit wi�h Lender cash ar a suffic�ent corporate surety bond or other securi�y satisfactory to Lender in an
<br /> amount sufficien��o discharge the lien p�us any casts and attorneys' fees, or o�her charges that cou�d accrue as a
<br /> resu�t a�a foreclosure or safe under the �ien. In any cantest, Trustar shall defend itself and L�nder and shall sa�isfy
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