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2� 1 ��5474
<br /> �EED �F TRUST
<br /> ��ontinuedy Page 2
<br /> Compiian�e W'rth Environmental Laws. Trustor represents and warrants to Lender that: �1� During the peri�d of
<br /> Trus�or's ownership vf the Prapgrty, there has besn no use, generatian. manufacture, storags, treatm�nt� disposal,
<br /> �e�e�se or threatened release of any Hazardous 5ubstance by any person vn, under, ahvut or from the Property;
<br /> (Zy Trustvr has no knvwledge of, or reason to belie�e that there has been, except as pre►►iously disclosed �o and
<br /> acknowledged by Lender in writing, �a}� any breach ar �iolation o# any En�ironmental Laws, tby any use,
<br /> g�neration, manufacture, storage, treatment, disposal. release or thr�atened release o# any Hazardous Substance �
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or �cj any actual or
<br /> threatened I�tigation or claims of any kind by any person relating to su�h matters; and ��3� Except as pre�iaus�y
<br /> disclosed to and acknow�edged by Lender in writing� �ay neither Trustor nvr any tenant, �ontractor. agent ar vther
<br /> autho�ized user of the Property shall use� generate, manufacture, store, treat. dispvse o#v�release any Hazardous
<br /> 5uhstan�e�n, under, about or from the Property; and �by any such acti�ity sha�� be conducted in compliance with
<br /> all applicable federel, state, and locai laws, regulations and vrdtnances, including without limitation al�
<br /> En�ironmen�al Laws. Trustor authorizes Lender and its agents to en�er upon the Property ta make such
<br /> inspe�tions and tests, at Trustor's expense, as Lender may deem appropriate to determ�ne compliance of the
<br /> Prvperty with this section ❑f the Deed ❑f Trust. Any inspections ❑r tests made by Lender shal! be for Lender's
<br /> purposes nnly and sh�ll not be canstrued to �reate any responsihiliiy or iiab+lity on the part❑f Lender�o Trustor or
<br /> to any other person. The representations and warranties cvntained herein are I�ased on Trustvr's due diligenc� in
<br /> in�estigating the Property for Hazard�us Suhstances. Trustvr hereby �1 y releases and wai�es any future �laims
<br /> against Lendgr far indemnity or contribution in the e�ent Trustor be�omes liahle for cleanup or other casts under
<br /> any such laws; and �Zy agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> liabi�i�+es, damages, penalties, and expenses which Lender may d�rectly or indirectly sustain or suffer r�sulting from
<br /> a breach of this sectivn of the Deed o�Trust or as a consequence of any use, generativn. manu#acture� starage,
<br /> dFsposal, reiease vr th�eatened release vccurring prior to Trustor's vwnersh�p or interest in the Property, whether or
<br /> not #he same was or should ha�e been knvwn to Trustor. The pro�isions vf this section v# the Deed of Trust,
<br /> �ncluding the obligation ta indemnify and defend, shall sur�i�e the paym�nt of the Indebtedness and the satisfa�tion
<br /> and recon�eyance of the lien❑f this Deed of Trust and sha11 not be affected by Lender's acquisition of any interest
<br /> in the Property,whether by foreclosure or otherwise.
<br /> Nuisence. Was#e. Trustor shall nat cause, conduct ❑r permit any nuisance nor �ammit, permit, or suffer any
<br /> stripping o� vr waste on or to the Property or any portion vf the Prape�ty. Withaut limiting the generali#y vf the
<br /> foregoing, Trustor will not remv�e, or grant to any ather party the right ta remo�e, any timber, minerais �including
<br /> oi�and gas�, coal, �lay, scaria.svil.gra�el o�ro�k prvducts without Lender's prior written consent.
<br /> Remo���of Impro�aments. Trustor shall nvt demo�ish vr rema�e any Impro�ements from the Rea�Property without
<br /> L�nder's prior written cansent. As a condition to th�remo�al vf any lmpro��ments, Lender may require Trustor tn
<br /> make arrangements satis#actary to Lender tv replace su�h �mpro�ements with lmprv�ements of at least equal
<br /> �alue.
<br /> Lender's Ri9ht tv Enter. Lender and Lender's agents and representati�es may ent�r upon the Real Property at al!
<br /> reasonabls times tv attend to Lender's interests and to inspect the Real Prvperty for purposes of Trustvr's
<br /> compliance with the#erms and conditions o�this Desd vf Trus#.
<br /> Canplianca with Gor►ernmenta� Requiraments. Trustor shall promp�ly compiy with all laws, ordinan�es, and
<br /> regu�ati�ns, now or hereafter �n effect, of all go�ernmental authorities appl�cable to the us� or ❑c�upancy of the
<br /> Property, inciuding without limitation, the Americans With ❑isabilities A�t. Trus�ar may �ontest in gand f��th any
<br /> su�h law, ardinance, or �eguletivn and withhold cvmpliance during any proceeding, including appropriate appea�s,
<br /> so Iong as Trustor has notified Lender in writing priar to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interests in the Property a�e not jeapardized. L�nder may r�quirs Trustor #v pvst adequate security or a sur�ty
<br /> bond, reasanably satisfactory to Lender, to prvtect Lender's interest.
<br /> Duty to Prvtsct. Trustor agrees neither to abandon or iea�e unattended the Prvperty. Trustar shall do all o#her
<br /> a�ts, in addition to those acts set forth abo�e in this section� whtch from the character and use v��he Property are
<br /> reasonably necessary to protect and preser�e the Property.
<br /> Constructivn Laan. if snme or all of the proceeds of the loan creating the lndebtedness are to be used to�vnstruct
<br /> or�vmplete cvnstruct+on of any Impro�ements on the Prop�rty, the Impro�ements shall be cvmpleted no later than
<br /> the meturity d�te a#the Note �or such eartier date as Lender may reasanably estehiish) and Trustvr sha11 pay in full
<br /> all costs and expenses in connection with the work. Lender will disburse Ioan proceeds unde� such terms and
<br /> conditions as Lender may de�m reasonab�y necessary tv insure that the interest created by this D�ed of Trust shali
<br /> ha�e priority��er a11 possible liens, including those af material suppliers and warkmen. Lender may require. among
<br /> other things, that disbursement requests be supported by receipted bil#s. expense a#fida�its, wai�grs of liens,
<br /> canstructian pr�gress reparts, end such other documentativn as Lender may reasonably request.
<br /> DUE�N SALE-CaNSENT BY LENDER. Lender may, at Lend�r's optian, declare immediateiy due and payable all sums
<br /> secured by this Deed of Trust upan�he sale or transfer, without Lender's priv�written consent, of all or any part o#the
<br /> Real Praperry, oc any�nterest in the Real Property. A "se�e or transfer" means the con�eyanc�of Real Property ar any
<br /> right, title vr interest �n the Rea� Property; whe#her legal, benefi�ial ar equitable; whether �v�untary or in�o�untary;
<br /> whether by outright sale, deed, installment sa�e contract, �and contract, �vntract for deed, leasehold interest with a
<br /> term greater than three �3y years, lease-optivn cvntract, ❑r by saie, assignment, �r transfer of any benefi�ial interest in
<br /> or tv any land trust hoiding tit�e to the Real Property, or by any vther method af con�eyan�e of an int�rest in the Real
<br /> Prvperty. Howe�er, this vption shall not t�e exercised by Lender ii such exercise is prohihited by federal law or by
<br /> Nebraska �aw.
<br /> TAXES AN� LiEN5. The following pro�isivns rel�ting tv the #axes and liens on the Property are pa�t ❑f this ❑e�d ❑f
<br /> Trust:
<br /> Payment. Trustor shail pay when due �and in all e�ents prior to delinquency} all taxes, special taxes, assessments,
<br /> charges tinc�uding water and sewer)� fines and impvsitians le�ied against or on accvunt ofi the Property, and shall
<br /> pay when due ail claims for work dane on or for ser�ices rendered or mater+al furnished to the Property. Trustor
<br /> shall maintain the Prap�rty fres of ali �iens he�ing priarity o�er or equal ta#he interest vf Lender under this aeed af
<br /> Trust, exCept for �he lien of taxes and assessments nvt due and except as atherwise prv►►ided in this Deed ai
<br /> Trus#.
<br /> Right#o Contest. Trustor may withhold paymen�af any�ax� assessment, or clsim in connectivn with e goad faith
<br /> dispute o�er the abligation#o p�y, sa Ivng as Lender's interest�n the Property is not jeopardized. If a iien�rises or
<br /> is filed as a result of nonpayment, Trustor shail withi� #ifteen �15y days after the lien arises vr, if a lien +s filed.
<br /> w�thin #ifteen �15f days after Trustor has notice of th� filing, secure the dis�harge of the lien, vr i� requ�sted by
<br /> Lender,deposit with Lende�cash or a sufficient corporate surety bond or other security satisfa�tory to Lender in an
<br /> amount sufficisnt to discharge the lien plus any cvsts and attorneys' fees, or vther charges that could accrue as a
<br /> result of a foreclosure or sale under#h�lien. In any contest,Trustor shall defend itself and Lender and shal�satisfy
<br /> any ad�erse�udgment befvre enforcement against the Property. Trustor sha�l name Lender as en�dditional obl�gee
<br /> under any surety bond furnished�n the cvntest proceedings.
<br /> E�idence o#P�yment. Trustor shall upon demand rturnish to Lender satisfactory e�idence of payment af the t�xes
<br /> or assessments and shall authar�ze the appropriate govsrnmental official to deli�er to Lender at any time a written
<br /> statement af the taxes and assessments against the Property.
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