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2� 1 ��5479
<br /> DEED �F TRUST
<br /> �C�ntinued� Pa�e 2
<br /> authorized us�r v#the Property shall use, generate, man��actuce, stflre, treat, disp�se vf o�release any Hazardous
<br /> Substan�e on, under, about or from the Property; and �h} any such acti�ity shall be canducted in comp�iance with
<br /> a!i applicable f�deral� state, and lo�a1 laws� regulations and ardinances, in�luding without limitation all
<br /> En►►iranmental Laws. Trustor auth�rizes Lender and its agents to enter upon the Praperty to make su�h
<br /> inspectivns and tests, at Trustvr's expense, as Lender may deem appropriate to determine comp�iance o� the
<br /> Praperty with this sectivn of the Deed vf Trust. Any inspect�ons ❑r tests made by L�nder shall be fvr Lender's
<br /> purposes only and shall not�e construed to create any respansibility or fiability on the par#vf Lender tv Trustor vr
<br /> tv any other persvn. The representations and warr�nties cvn�ained herein are based on Trustor's due diligen�e in
<br /> in�estigating the Prop�rty far Hazardvus 5ubstances. Trustor hereby �1 y releases and wai►►es any fiuture claims
<br /> against Lender fo� indemn+ty or Gontribution �n the s�ent Trustor becomes �iable f�r c�eanup or other costs under
<br /> any such laws; and t2y agrees t� indemnify, defend, and hvld harmless Lendsr against any and al!claims, losses,
<br /> liabilities,damages, pena�ties, and expenses which Lender may directly o��ndire�tly sustain or suffer resulting from
<br /> a breach of this sectian of the ❑eed of Trust or as � consequence vf any use, generation, manufacture, storage,
<br /> dispnsal, release or threatened r�lease vccurring prior to Trustor's ownership or interest in the Property, whether or
<br /> n�t the same was or should ha�e been known to Trustor. The pro�isions of thEs section of the Deed of T�ust,
<br /> including the obligation to ind�mni�y and de�end,shall sur�i�e the payment vf the Indebtedness and the sat+sfaction
<br /> and recon�eyance af the lien ofi this Deed�f Trust and shall not he affected by Lender's a�quisition af any interest
<br /> in the Praperty, whether by foreclosure or atherwise.
<br /> Nuisance, Waste. Trustor shall not cause, cvndu�t or permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion ❑f the Property. Without limiting the g�nera�ity of the
<br /> faregoing� T�ustvr wifl nvt remv�e, or grant to any other party the right to remo►►e, any tEmber, minerals �including
<br /> vil and gasf, coal, clay, scvria, soil, gra�el or rvck produ�ts without Lender's prior written consent.
<br /> Remo��t of Impro�entants. T�rustor sha�l not demolish or rema�e any Impro�ements from the Real P�ope�ty withou#
<br /> Lend�r's prior written consent. As a condition t❑the remo�al of any Imprv�ements, L�nder may require Trustor#o
<br /> make arrangements satisfectory tv Lender tv replace such Impra�ements with Impro�ements of at �eas� equal
<br /> �alue, �
<br /> Lender's Right to Er�ter. Lender and Lender's agents and representati�es may �nter upvn the Rea� Property at all
<br /> reasonahie times ta attend to Lender's interests and to inspect the Real Property for purposes af Trustor's
<br /> compliance with the t�rms and�vnditions af this Deed o�Trust.
<br /> Cvmpliance with Go�ernrr�ental Requiraments. Trusto� shall promptly comply with all laws, vrdinances, and .
<br /> r�gulations, now vr hereafte� in effect, o� ail go�ernmental author�t'res app�icable to the use or vccupancy of the
<br /> Property, including without limitation, the Americans Vllith D�sabilities Act. Trustor may contest in good faith any
<br /> such law, ardinan�e, or regu�ation and withhold compliance duf�ng any proceedEng, including apprvpr+ate appeals,
<br /> sa lang �s Trustor has notified L�nder in writing privr to doing so and sa�ong as, in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequate security vr a surety
<br /> bnnd, reasonably satisfactory to Lender. to protect Lender's interest.
<br /> �uty to Prote�t. Trustor agrees neither to abandon or �ea�e unattended the Prnperty. Trustor sha�� do a11 other
<br /> acts, in add+tian to thvse ac�s s�t forth abv►�e in this section, which from the character and us�of the Property are
<br /> reasonably necessary to p�atect and preser�e the Property.
<br /> DUE�N SALE-C�NSENT BY LENDER. Lender may, at Lender's option, declare immedia�ely due and payable all sums
<br /> secured by this aeed of Trust upvn the sale or transfer, without Lender's prior written consent. ❑f eli or any part af the
<br /> Real Property, or any interest in the Real Property. A "sale vr transfer" means the can�eyance of Real Property�r any
<br /> right, title or interest in the R�a� Praperty; whether �egal, �eneficial or equ'rtable; whether �oluntary or in�aluntary;
<br /> whether by outright sale, deed, installmen� sale con�ract, iand contract. �ontract for de�d, leasehvld interest wi�h a
<br /> term greater than three �31 years, lease-option contract, or by s�le, assignment, or trans�er vf any bsnefi�ial intsrest in
<br /> or to any�I�nd trust holding title tv the Re�l Praperty, or hy any other method ❑f cvn��yance o# an interest in the Real
<br /> Praperty. If any Trusto� is a cflrporation, partnership ar iimited liab+lity cvmpany� transfer alsv includes any �hange �n
<br /> ownership af more than twenty-fi►►e percent ��59�) o�the�vting stock, partnership inter�sts or limited iiab��ity company
<br /> interests, �s th� case may be, of such Trustvr. Howe�er, this vpttvn shall nvt be exer�ised by Lende�i�such exercise
<br /> is prohibited by federal law or by Nebraska law.
<br /> TA7CE5 AND LIENS. The fv�lowing pro�is+ons rel�#ing tv #h� taxes and liens on the Property are part vf this Deed of
<br /> Trust:
<br /> Peyment. Trustvr shall pay wh�n dus (and in all e�ents privr to del�nquencyf ail taxes, spe�ial taxes, assessments.
<br /> charges �including water and sewer}, fines and imp�sitions le�ied against or on ac�ount of the Proper#y, and sha�l
<br /> pay when due all c�aims for work done an ❑r for ser�ices rendersd vr material furnished to the Property. Trustor
<br /> shall maintein the Property free of all liens ha�ing priority o�er or equ�l to�he interest of Lender under this Deed vf
<br /> Trust, except for the lien of taxes and assessments nat due and except as otherwise prv�ided in this Deed of
<br /> Trust.
<br /> Right to Cantest. Trust�r may withhold Qayment of a�ny tax, assessment, ar claim in connectivn with a good �aith
<br /> dispute o�er the obligat�on ta pay, s❑ �ong as Lender's interest in the Property is not jeopardized. !f a lien arises or
<br /> is filed �s a result of nonpayment. Trustar shall wi�hin fifteen �15� days after the lien arises or, if a iien is filed,
<br /> within �ifteen {15y d�ys after Trustor has notice vf the fifing, secure the discharge of the li�n, vr if requested by
<br /> Lender,deposit with Lender cash ar a su#ficient corparate surety bond or other security satisfactory to Lender in an
<br /> amount su##icient to discharge the lien plus any costs and attorneys' fees, ar othsr cha�ges that cvuld accrue as a
<br /> result of a f�reclosure or sale under the lien. !n any�ontest,Trustvr shall defend itselfi and Lender and sha�l satisfy
<br /> any ad�erse judgment befvre enfor�ement against the Proper#y. Trustor shall name Lender as an addi#ivnal obligee
<br /> under any surety hond furnished in the cantest proceedings.
<br /> E�idence o#Payrr�ant. Trustor sh�ll upvn demand #urnish to Lender satisfactary e�idence af payment of the taxes
<br /> vr essessments and sheli �uthoriZe the appr�priete go�ernmenial vfficial to deli�er tv Lender at any t�me e wrttten
<br /> statament of the taxes and assessments ag�inst the Property.
<br /> No#ice of Constru�tion. Trust�r sha�� notify Lender at I�ast fifteen �15y days before any wark is carr�menced, any
<br /> ser�ices erQ furnished. ar any materials are supplied to �he Property, if any mechanic's lien. mat�ri�lmen's lien, n�
<br /> other lien could he asserted on accaunt af the work, ser�ices, or materials, Trustor will upon request of Lender
<br /> furnish ta Lender ad�ance assurances satisf�ctory tv Lender that Trustar can and will pay the cost o# such
<br /> imp�o�ements.
<br /> PR�PERTY DAMAGE iNSURANCE. The�oliawing pro�isions relating tfl insuring the Pr�psrty are a part❑f this Deed af
<br /> Trust.
<br /> M�intenance of Insuran�a. Trustor shalE procure and ma�ntein po�icies of fire insurance with standard extended
<br /> co�erege endvrsements vn a replacement basis for the �ull insurahle �alue co�ering all Imp�o�ements vn the Real
<br /> Property in an amount suffi�ient to a�vid application of any coinsurance c�ause, and with a standard mortgagee
<br /> clause in f��or o#Lende�. Trustor shel�also p�ocure end maintain comprehensi�e general liebi��ty insurance in such
<br /> c��erage amounts as Lender may request with Trustee and Lender being nemad as additional insureds in such
<br /> li�hility insurancs policigs. Additionally, Trustor shall maintain such other insurance, including but not limited to
<br /> hazard, business interruptifln, and boiler insur�nce, as Lender may reason�hly require. Policies shai� be written in
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