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2� 1 ��5777
<br /> DEED �F TRUST
<br /> ��ont�rlued� Pag� 2
<br /> authvri�ed user of the Pr�perty shall use, generate, manufacture, store, treat, dispase of or release any Hazardous
<br /> SubstanCe on, under, about or from the Praperty; and �b] any such acti�ity shall be conducted in �ompliance with
<br /> all applicable federal, state, and la�a1 �aws, r�gulations and ardinances, including without limita�ion all
<br /> En�ironmental Laws. Trustor authvrizes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests, at Trustor's exp�nse, as Lender may deem apprapriate to determine compliance of the
<br /> Prop�rty with this se�tion af the [�eed of Trust. Any inspections or t�sts made by Lend�r shall be #or Lender's
<br /> purposes oniy and shall n�t �e �vnstrued tv create any resp�nsibility or liability on the part of Lend�r ta Trustor or
<br /> to any �ther person. The representatians and warranties cantained herein are based ❑n Trustor's due diligence in
<br /> in�estigating the Property for Hazardous Substances. Trustor hereby �1 y releases and wai�es any future claims
<br /> against Lender for indemn3ty ❑r contributivn in the e�ent Trustor becomes liable for cl�anup or other casts unde�
<br /> any su�h laws; and ��� agrees to indemnify, d�fend, and hold harmless Lender against any and all claims, lasses,
<br /> liabiiities, damages, penalties, and expenses whi�h Lender may directly ❑r indirectly sustain vr su�fer resulting from
<br /> a breach of this section o# the D�ed af Trust or as a c�nsequen�e of any use, gen�ration, manufiacture, storage,
<br /> disposal, r�l�ase or threatened release occurring prior to Trustor`s ownership or interest in the Property, whether or
<br /> nat the same was ❑r should ha�e been known to Trustor. The pro�isians of this section �f the ❑eed o� Trust,
<br /> including the❑k�ligation to indemnify and defend, shall sur�i�e the payment of the Indebtedness and the satisfa�tian
<br /> and re�on�eyance of the iien of this Deed vf Trust and shall na� t�� affected by Lender's acquisition ❑f any interest
<br /> � in the Property, whether k�y foreclosure�r atherwise.
<br /> Nu+sance. Waste. Trustor sha�� nat causs, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> str�pping of or wast� on or to the Property or any portion of the Property. Withaut limi�ing the generality ❑f the
<br /> foregving, Trustvr will not rema�e, or grant to any ❑ther party the right to remo�e, any timber, minerals �including
<br /> oil and gasy, coal, clay, sc�ria, svil, gra�el or rock praduGts without L�nder's prior written cvnsent.
<br /> Rema�al of Imprn�ements. Trustar shall not demvlish or rema�e any Impro�ements from th� Real Praperty without
<br /> Lender's prior written consent. As a condition to the rema�al ❑f any Impro�ements, Lender may requir� Trustor to
<br /> make arrangements satisfactory to L�nder to replac� such �mpro�em�nts with Impra�em�nts of at least equal
<br /> �alue.
<br /> Lender's Right to Enter. L�nd�r and Lender's agents and r�presentati�es may enter upon the Real Property at all
<br /> reasanable times to attend ta Lende�'s interests and to inspect the Real Property f�r purposes of Trustvr's
<br /> Gompliance w+th the terms and canditions�f th3s Deed of Trust,
<br /> Campliance with Go�ernmental Requirements. Trustar shall promptly comply w+th all 4aws, ordinances, and
<br /> regulations, now or her�after in effe�t, of all ga�e�nmental authorities applicabl� to the use vr occupan�y ❑f the
<br /> Praperty, in�luding with�ut limitation, the Americans With Disabilities A�t. Trustor may contest in govd faith any
<br /> such law, ordinance, or regulation and withhold c�mpliance during any proceeding, including appropriate appeals,
<br /> so I�ng as Trustor has notified Lender in writ+ng prior ta daing so and sa lang as, in Lender's sole opinion, Lender's
<br /> interes�s in the Property are not j�opardized. Lender may require Trustor to post adequate security or a surety
<br /> bond, reasonably satisfactary t❑ Lender, to protect L�nder's interest.
<br /> �uty to Protect. Trustor agrees neither to abandon or lea�e unattended the Praperty. Trustor shall do all other
<br /> acts, in addition t❑ those a�ts set fv�th alao�e in this se�tian, which �rom the character and use af the Property are
<br /> r�asanably necessary tv protect and preser��the Praperty.
<br /> DUE�N SALE - CQNSENT BY LEN�ER. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured hy this De�d of Trust upon the sale �r transfer, wit�out Lender's prior writt�n cansent, of all or any part❑f the
<br /> Real Praperty, ❑r any interest in the Real Pr�perty. A "sale or transfer" means the con�eyance ❑f Real Property vr any
<br /> right, title or interest in the Rea� Property; whether ��gal, beneficial ❑r equitable; whether �oluntary or in�oluntary;
<br /> whether by outright sale, deed, installment sal� contract, land �ontract, �ontract for deed, leas�hold interest with a
<br /> term greater than three �3� years, fease-option cantract, or by sale, assignm�nt, or transfer of any b�neficial interest in
<br /> or to any land trust holding title to the Real Prap�rty, or by any oth�r method of con�eyance ❑f an interest in the R�al
<br /> Property. If any Trustvr is a cvrpvration, partnersh�p or limited IEability company, transfer alsa includes any change in
<br /> ownership of more than twenty-fi�e per�ent �25°/oy vf the�oting sta�k, partn�rship interests vr limtted liability campany
<br /> interests, as the case may be, v# such Trustor. H�we�er, this option shall nvt be exer�ised by Lender if such exercise
<br /> is prohibited by fede�al law or by N�braska law.
<br /> TA}CES AND LIENS. The f�llowing prv�isians r�lating to the taxes and liens vn the Property are part v# this Deed �f
<br /> Trust:
<br /> Payment. Trustar shall pay when due �and in all eWents priar to delinquency� all taxes, special taxes, assessments,
<br /> charges �including water and s�wer�, fines and imposit�ons le�+ed against ❑r on account of the Property, and shall
<br /> pay when due al1 �laims far work d�ne ❑n vr far ser�ices rendered �r material furnished ta the Praperty. Trustor
<br /> shall maintain the Pr�perty free o�all liens ha�+ng priar�ty o�er❑r equal t❑the interest of Lender under this Deed ❑f
<br /> Trust, except for the I+�n vf taxes and assessments not due and except as otherwise pro�ided in this Deed ❑f
<br /> Trust.
<br /> Right ta Cantest. Trustor may withhald payment of any tax, assessment, ❑r claim in connecti�n with a govd faith
<br /> dispute o�er the vbligativn�a pay, sv Ivng as Lender's interest in the Proper#y is n�t jeapardized. If a I�en arises ar
<br /> is filed as a result ❑f nonpayment, Trusto� shall within fift�en �15� days aft�r the lien arises ❑r, if a lien is filed,
<br /> within fifteen �15� days aft�r T�ustor has nvtice af the filing, secure the discharge vf the I+en, or if requested �y
<br /> Lender, d�posit with Lender cash or a sufficient corporate surety bond vr other security satisfa�tory to Lende�in an
<br /> amount suffi�ient�o dis�harge the lien plus any costs and attorneys' fe�s, flr other �harges that cvuld accrue as a
<br /> result of a fvreclosure ❑r sa�e under the lien. In any contest, Trustor shai� defend itself and Lender and shall satisfy
<br /> any ad�erse judgment bef�re enfarcement against the Property. T�ustor shall name Lender as an additional ❑bligee
<br /> under any surety �ond furnished in the cantest proceed'+ngs.
<br /> E�idence of Payment. Trustor shall upon demand furnish ta Lende� satisfactory e�iden�e �f payment of the taxes
<br /> or assessments and shall authorize ths appropriate gaUernmental �fficial to de�i�er to Lender at any time a written
<br /> statement of th�taxes and assessments against the Property,
<br /> No#ice of Gons#ructian. Trustor shall notify Lender at �east fifteen f 15� days before any work is �ommenCed, any
<br /> ser�ic�s are furnished, ❑r any materials ar� supplied to the Pr�perty, if any me�han+c's lien, matertalmen's I+en, or
<br /> other lien could be assert�d on acGaunt a# the work, ser�ices, or ma�erials. Trus�or will upon request of Lend��
<br /> furnish ta Lender ad�ance assuran�es satisfactvey ta Lender that Trustor �an and will pay th� c�st of such
<br /> impro�ements.
<br /> P�DPERTY �AMAGE �NSURAN�E. The iollowing pro�isions rela�ing to insuring the Property are a part vf this Deed of
<br /> Trust.
<br /> Maintenan�e of Insurance. Trustar shall prv�ure and maintain polic+es ❑f fire insurance w+th standard ext�nded
<br /> co�erage endorsements an a r�pla�ement basis far the full insurab�� �alue co�erkng all Impro�ements on the F�eal
<br /> Praperty in an amvunt suff�c+ent to a�oid application of any �vinsuran�e clause, and with a standard mortgagee
<br /> clause in fa�or of Lend�r. Trustor shall also pracure and maintain c�mprehensi�e general liability insurance in such
<br /> co�erage amounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br /> liability insurance policies. Add'+tionally, Trustor shall maintain such ather insurance, including but nvt limited t❑
<br /> hazard, busin�ss inter�upt3on, and boiler insuran�e, as Lender may reasonahly require. Poli�ies shall be written in
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