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2� 1 ��5477
<br /> DEED �F TRUST
<br /> ���ntinued� Pa�� �
<br /> Compiian�s VNith En�ir�nmental Laws. Trustar represents and warrants tfl Lender that: 41� During the perivd o#
<br /> Trus�or's ownership of the Property, there has been na use, generation, manufacture, storage, treatment, disposal.
<br /> re�ease or threatened r�lease of any Hazardvus 5ubstance by any persvn on, und��, about or frvm the Property;
<br /> �2) Trustor has n� knowledge �f. or reas�n to belie�e that the�e has heen. except as pre�iously discl�s�d ta and
<br /> acknowledged by Lender in writing, �af any breach vr �iolatian of any En�ironmental Laws, �k�y any use,
<br /> generatian, manu�acture, st�rage, treatment� dispasal. release or threatened release of any Hazardous 5ubstance
<br /> on, under, about ❑r from the Property by any p�ior awners or accupants of the Property, or {cy any actual or
<br /> threatened litigatian or c�aims of any kind �y any person relating to such matters; and �3� Ex�ept as pre�iousfy
<br /> disclosed to and acknowledged by Lsnder in writing, {af neither Trusto�nar any tenan#, �ontractor, agsnt or other
<br /> au#horized user of the Property shali use, generate� manufacture. store, treat, dispvse of or release any Hazardaus
<br /> Substance vn, under, about or from#he Property; and {by any such acti�ity shall be conducted in complian�e with
<br /> all applicable federal, state, and iocal laws, regulati�ns and ordinances, inciuding without limitation all
<br /> En�irvnment�l Laws. Trustor authoriaes Lender and its agents ta enter upon the Proper#y to make such
<br /> inspections and tests, at Trustar's expense, as Lender may deem appropriate to determine compliance vf the
<br /> Property with this se�tivn vf the []eed of Trust. Any inspections or tests made by Lend�r shall he for Lender's
<br /> purposes only and shall nat be constru�d to create any responsibility or liability t�n the part❑f Lend�r tv Trusto�or
<br /> to any other person. The representations and warranties contained herein are hased on Trustar's due d�ligence in
<br /> in►►estigating the Property for Hazardous Suhstan�es. Trustor hereby {1 y re�eases and wai�es any future claims
<br /> against L�nder �vr indsmnity vr �ont�ibution in the e�ent Trustor becomes liab�e far cleanup ar other cos#s under
<br /> any such laws; and ��y agrees to indemnify, defend, and hold harmless Lender against any and all cfaims, losses,
<br /> liabilities,damages, penalties, and expenses which L�nder may directly or indir�ctly susta�n ar sufif�r resulting frvm
<br /> a breach ❑f this sect�an vf the Deed of Trust vr as a consequence of any use, generation, manufacture, storage,
<br /> disposa�, release or threatensd r�lease❑Gcurring prior to Trustor's❑wnership❑r interest in the Property, whether ar
<br /> na� the same was or should ha�e been kn�wn to Trus�vr. The prv�isions ❑# this sectian of the Deed o� Trust,
<br /> in�luding the obligativn to indemnify and de�end.shall sur�i�e the p�yment of the indebtedness and the satisfaction
<br /> and recon�ey�nce of the li�n of this Deed of Trust and shall not be affectsd by Lender`s acquisition of any in#erest
<br /> in the Prope��y� whether by f�re�l�sure or❑therw�se.
<br /> Nuisencs, Weste. Trustor shail not �ause, conduct or permit any nuisance nor cvmmit, permit, or suffer any
<br /> stripping of or waste on ❑r to the Property ar any portion of the Property. W+thout limiting the generality of the
<br /> fvregoing, Trustor will nvt remv�e, or grant�v any o#her party the right to rema�e, any timher, minerals tincluding
<br /> - oil and gasf, coal, clay, scvria, soil, gra►►ei ar rack products without Lender's privr written cansen�.
<br /> Remv�al vf lmpro�aments. Trustor sh�ii nvt demoiish or remo�e any Imprv�ements from the Real Property withvut
<br /> Lender's priar written consent. As a condition to the remo�al of any Impro�ements, Lender may require Trustvr tv
<br /> make arrangements satisfactory to Lender to rep�ace such Impro�emen�s with Impro�ements of at least equal
<br /> �alue.
<br /> Lend�r's Right to Entsr. Lender and Lender`s agents and representati►►es may �nter upvn the Real I'roperty at all
<br /> reasanable times to attend ta Lender's interests and ta inspect the Real Property for purposes o# Trustvr's
<br /> compliance with the terms and cvnditions of this Deed of Trust.
<br /> Comp#ian�a with Go�ernm�ntal Requirerr�ents. Trust�r shall pramptly comply with all �aws, ordinan�es, and
<br /> regulations� now or hereafter in e#fe�t, of al� go�ernmental autho�ities applica�le to the use or ❑ccupancy vf the
<br /> Property, in�luding withaut iimitation. the Ameri�ans With Disah��ities Act. Trustor may contest�n good #aith any
<br /> su�h law, vrdinance, or reguiation and withhold ��mpliance during any procee�ing, including appropriate appeals�
<br /> so Iong es Trustvr has notified Lender in wr'r#ing prior to daing so and sv Iong as, in Lender's sole flpinion, Lender's
<br /> interests in the Property are not jeapardized. Lender may requi�e Trustor t� post adequate security ❑r a surety
<br /> bond, reasonably satisfa�tary to Lender, to p�otect Lender's interest.
<br /> Duty to Prote�t. Trustor agrees neither to ahandvn or lea�e unattended the Praperty. Trustor shall da all ❑�her
<br /> scts, in addition to those acts set forth abo�e in this section, which from#he character and use of the Property are
<br /> reasonahly necessa�ry tv pro#e�t and preser�e the Property.
<br /> Constructian Lvan. If some or all of the praceeds❑f the Ivan creat+ng the lndebtedness are t�he used to canstruct
<br /> or cvmplete construction�f any impro�ements vn the Praperty, the lmprv�ements shaf!be completed no fater than
<br /> the maturity dete of the Note �or such earlier da#e as Lender may reasonably establish� and Trustar shall pay in fu11
<br /> all cos#s and expenses in connection with the work. Lender will disburse Ioan proceeds under such terms and
<br /> conditions as Lender may deem reasonably necessary ta insure that the intersst created by this ❑eed of Trust shai�
<br /> h��e priflr�ty o�er all possible�iens, �nc�uding thvse�f material suppliers and workmen. Lender may require, among
<br /> other things, that disbursement requests be supported by receipted bills, expense ef�ida�its, wai�ers of liens,
<br /> c�nstruction progress reports, and su�h other d�cumentation�s Lender may reasonably request.
<br /> DUE DN SALE-C�NSENT BY LENDER. Lender may, at Lender's option, declare�mmed�ately due and payable all sums
<br /> se�ured by th�s Deed vf Trust upvn the sale or t�ans#er, without Lender's pr�or writt�n consent, of all or any part of th�
<br /> Real Property, or eny interest�n the Real Property. A "sale or transfer" means the con�eyance af Real Property vr any
<br /> right, title ar interest in the Real Praperty; whether I�gal� benefi�ial ar equitahle; whether �aluntary or in�vluntary;
<br /> whether by outright sal�, deed, instal�ment saie cantract, land contract, cvntract fvr deed, leasehold interest with a
<br /> term greatar than#hree �3f years, iease-vption contract, or by sale, assignmeni� or�ransfier of any beneficial interest in
<br /> flr tv any land t�ust holding titi� #v #he Rea! Property, vr by any other methvd of con�eyance of an interest in the Rea�
<br /> Property. Hows�er, this aption shall nvt be exer�ised by Lender if such exercise is prohibited by federal �aw or hy
<br /> Neb�aska law.
<br /> TAJCES ANO LIENS. The fallawing pro�istons relating to the taxes and liens on the Property are part ❑# this Deed vf
<br /> Trust:
<br /> Paymant. Trustor shell pay when due �and in aii e�ents prior t�delinquencyf all taxes, special taxes, assessm�nts,
<br /> charges �including water and sewery, fines and impositions Ig�ied against or on eccount of the Property, and shall
<br /> pey when due all claims f�r work dvne on or for ser�ices rendered or material furnished tv the Prope�ty. Trustor
<br /> sh�ll maintain the Praperty free�f all liens ha►►ing priority o�er or equal t❑the interest vf L�nder under this Deed o#
<br /> Trust, except far the lien o# taxes and assessments nvt due �nd except as atherwise pro�id�d in this Deed of
<br /> Trust.
<br /> Ri9ht to Contaa#. Trustor may withhold payment vf any tax, assessment, or claim in connection with a good faith
<br /> dispute o�er the ablig�tion ta pay, so Iong�s Lender's interest in the Property is not jeopardEzed. if a lien arises or
<br /> is filed as e result af nonpayment, Trustor shall within fifteen t 15� days after the lien arises ar, +f a lien is filed,
<br /> within fifteen t 15f days after Trustvr has nvti�e o�the f��ing, secure the dischacge of the lien, or if r�quested by
<br /> Lender, deposit with LendBr cash ar a sufficient�arporate surgty hond or vther security satisfactary�v Lender in an
<br /> amount sufficient tv d�scharge the lien plus any costs and attorneys' fees, or ather charges that could a�cru�as a
<br /> result of a foreclasure�r sale under the lisn. In any cantest,Trustor shail defend itself and Lender and shall satisfy
<br /> any ad�erse judgment before enfvr�ement ageinst the Property. Trustor shall name Lender as an additiona!obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> E�idence of Paymant, Trustor shall upon demand fu�nish t� Lender satisfactory e�idence of payment of the taxes
<br /> or assessments and shail authorize the apprvpriatg go�ernmental vfficial to deli►►er to Lender at any time a written
<br /> statement of the t�xes and assessments against the Property.
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