|
2� 1 ��5444
<br /> aEEa oF TRus-r
<br /> �Continued} Page 2
<br /> Trustor's vwnership of#he Property,there has been na use,generation, manufacture,storage,trea�ment,disposal,
<br /> release or th�eatened release o� any Hazardous Substance by any person an, under, abvut o�from the Prope�ty;
<br /> �2} Trustvr has no knawledge of, vr reason to beiie�e that there has I�en, except as pre�iously disclosed tv and
<br /> acknvwledged by Lender in writing, �a} any breaGh or �iolation o� any En�ironmen#a� Laws, (b} any use,
<br /> genera�ion, manufacture, storage, treatment, dispvsal, release or threatened re�ease nf any Hazardaus 5ubstance
<br /> on, under, abvut or from the Property by any prior owners ar occupants vf the Prvperty, vr �c} any actual v�-
<br /> threatened ii#igativn vr claims of any kind by any person relating to such matters; and �3} Exoep# as pre�iously
<br /> d�sciosed to and acknvwledged by Lender in w�riting, �a} neither Trustor nor any tenant,confractor,agent�r v�her
<br /> authorized use�-of the Property shail use,generate, manufacture,store, treat, dispose of a�release any Hazardvus
<br /> Substan�e vn, under, abvut vr frvm the Property;and �b} any such acti�i#y shatl be conducted in campliance wi#h
<br /> ail applicable f�deral, state, and laca! laws, regulativns and ordinances, including without limitation all
<br /> En�iranmen#a� Laws. Trustvr authvrizes Lender and i#s agen#s tv enter upvn the Prnper�ty to make such
<br /> inspectivns and tests, at Trustvr's expense, as Lender may deem apprvpriate ta determine cvmplianoe of the
<br /> Praperty with �his sectian of#he Deed of Trust. Any �nspections or tests made by Lender sha�l be fvr Lender's
<br /> purposes only and shall not he construed to crea#e any responsibility vr liability on the part of Lender tv Trustor vr
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> in�estigating the Property for Haza�dvus Substances. T�-ustar hereby (1} re�eases and wai�es any future claims
<br /> against Lender far indemnity ar con#ribution in #he e�ent Trustor beovmes liab�e for cleanup or other costs under
<br /> any such�aws; and {�} agrees�o indemnify,defend, and hold harmless Lender against any and all claims, lasses,
<br /> liabilities, damages, penalties, and expen�es which Lender may directly or indirectly sustain❑r suffer resulting from
<br /> a b�each of this secti�n of the Deed af Trust ar as a�onsequence of any use, generation, manufacture, storage,
<br /> disposal,release or#hr�ea#ened release accurring prior to Trustor's vwnership vr interes�in the Property,whether or
<br /> nvt the same was ❑r shvuld ha�e been known to Trustor. The p�o�isions vf this sec#ivn af the Deed of Trust,
<br /> including the obiigatian to indemni�y and defend,shall survi�e the payment vf#he Indebtedness and the sa#isfactian
<br /> and recvn�eyance vf the fien of this Deed vf Trust and shall not be affected by Lender's acquisition of any interest
<br /> in the Praperty,whether by foreclosure vr vtherwise.
<br /> Nuisance, Waste. Trustar shall not cause, cvnduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or fv the Properky ar any por�inn of#he Property. Vllithaut IimEting the generality of the
<br /> foregaing, Trustor will not remo�e, or gran#to any o#her party the right to remo�e, any timber, minerals�including
<br /> vil and gas},coal,clay,scoria,soil,gra�el or rock products without Lender's priar written consent.
<br /> Remo�al of imprv�ements. Trustor shall not demolish or remo�e any lmpr��ements from the Rea�ProperEy wi#hout
<br /> Lender's privr written��nsent. As a cvndition tv the remo�al of any Impra�ements, Lender may requir�Trustvr ta
<br /> make arrangements satisfactory #o Lender to repiaoe such Impra�ements wi#h Impro�ements of at least equal
<br /> �alue.
<br /> Lender's Right ta En�er. Lender and Lender's agents and representatives may enter upon the Reaf Pr�pe�ty at all
<br /> reasonable times to attend to Lender's interests and to inspect the Real Prvperty f�r purposes of Trustor's
<br /> �ompliance with the terms and conditions v�this D�ed of Trust.
<br /> Compliance with Gv�ernmental Requirements. Trustor shall promptly comply with all laws, vrdinances, and
<br /> regu�atians, nvw or hereafter in effect, of all go�ernmental au#h�ri�ies appl�cabie to the use or occupancy ��the
<br /> Praperty. Trustor may contest in goad faith any such#aw,ordinance,or regulation and withhald compliance during
<br /> any prviceeding, including appropria#e appeals, sv Iang as Trustor has noti�ied Lender in writing pr�nr ta dving so
<br /> and so long as, in Lend�r's s�le opinion, Lender's interests in the Prvperty are no�jeapardized. Lender may require
<br /> Trustor tv post adequate security❑r a surety bvnd, reasonak�ly satisfac#vey ta Lender,to pratect Lender's�nterest.
<br /> Duty to Pro#ect. Trustor agrees neither to abandan or iea�e unattended the Proper�y. Trustor shall da al� other
<br /> acts, in addition to thase acts set for#h aba�e in this sec#ion,which from the character and use of the Property are
<br /> reasonably necessary tv prvtec#and preser�e the Property.
<br /> DUE�N SALE-C�NSENT BY LENDER. Lender may, at Lender's op��on,declare immediatefy due and paya�le all sums
<br /> secured by this Deed o�Trust upon#he sale or transfer,withaut Lender's prior written consent, o�ali or any part of the
<br /> Real Praperty, vr any interest in the Real P�operty. A "sale o�transfer" means the conveyance of Real Property or any
<br /> right, title ar interest in the Real Property; whethe� legal, beneficial or equitable; whether �oluntary ar involuntary;
<br /> whether by outright sale, deed, installment sa�e �ontract, tand contra�t, cont�act �or deed, leasehoid interest with a
<br /> term greater than three (3} yea�s, lease-optian contract, a�by saie, assignment, or transfer vf any henefcial interest in
<br /> or to any land trust ha#ding title to the Real Property, ar by any vther method vf con�eyance of an interest in the Real
<br /> Property. Hvwe�er, this optivn shall not be exercised by Lender if such exercise is prohihited by fede�a� law or by
<br /> Nebraska law.
<br /> T►4�ES ANa LlENS. The following prv�isions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when dus tand in all e�en#s prior ta delinquency}alk taxes,special taxes, assessments,
<br /> charges {including water and sewer}, fines and impvsitivns le�ied against or on account of#he Property, and shall
<br /> pay when due all claims fvr wvrk done on or far ser�ices rendered or material furnished ta the Property. Trustor
<br /> shall maintain the Prvperty free of all iiens ha�ing pri�ri#y o�er or equal to the interest vf Lender under this Deed of
<br /> Trust, except far the i�en of �axes and assessmen#s nat due and except as atherwise pro�ided �n this Deed af
<br /> Trust.
<br /> Righ#ta Contest. Trustvr may withhald payment of any tax, assessment, or ciaim in cannection wi#h a gavd�aith
<br /> dispute c��er the obligatian#o pay, so Ivng as Lender's interest in the Praperty is not jeopardized. If a lien arises vr
<br /> �s fiisd as a result af nonpayment, Trustor shall within fifteen {'�5} days after the iien arises ar, if a iien is filed,
<br /> within �ifteen �'�5} days after Trustor has natice af the filing, secure the diScharge o€the �ien, or if requested by
<br /> Lender,deposit with Lender cash or a suffi�ient cvrp�rate surety bond or�ther security satisfact�ry t�Lender�n an
<br /> amount sufficient to discharge the lien pius any costs and attorneys'�ees, or a#her charges that cauld accru�as a
<br /> resuit of a foreclvsure or sale under the lien. fn any cantest, Trustor shall defend itself and Lender and shall satisfy
<br /> any ad�erse�udgment before enforcement agains#the Praperty. Trustar shall name Lender as an additional❑bligee
<br /> under any surety bond fu�nished in the contest pr�ceedings.
<br /> E�idence o�Paymgn#. Trust�r shall upon demand furnish to Lender satisfa�tory e�idsnce of payment of the taxes
<br /> or assessments and shall authorize the apprapriate go�ernmental official#a deli�er to Lender a#any time a written
<br /> statement of the taxes and assessments against the Prvper�y.
<br /> Notice o#Constru�tion. Trustor sl�all nqtify Lender at least fifteen ('!5} days befnre any work is commenced, any
<br /> services are furnished, or any materials are supplied#v #he Pr�perty, if any mechanic's lien, matsriaimen's lien, or
<br /> other lien could be asserted vn ac�aunt of the work, services, �r materials. Trustor wi�l upvn request o�Lender
<br /> furnish to Lender ad�ance assurances satis€actory to Lender that Trustor can and wili pay the cvst vf such
<br /> impro�ements.
<br /> PRQPERTY DAMAGE INSURANCE. The follvwing pro�isivns relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall pracure and ma�ntain polic�es vf fire insurance with standa�d extended
<br /> co�erage endorsements on a fair �alue basis for #he fuli insurable �alue co�ering al� impro�ements on the Real
<br />
|