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2� 1 ��5931
<br /> DEED �F TRUST'
<br /> ��ontinued� Page �
<br /> d�sciased�� and acknowledged by Lender in writing, �a} neither Trustvr nvr any�enant, contractar, agen�vr oth�r
<br /> authorized user of the Property shall use, generat�, manufacture, store, trea�, dispose of or refease any Hazardous
<br /> 5uhstance ❑n, under, about or�rom the Property; and {b� any such actiWity shall be �onducted in compliance with
<br /> all applicable federai, state, and local laws, regu�ations and �rdinances, includin� without limitation all
<br /> En��rvnmen�al Laws. Trustar au�horizes Lender and its agents to enter upan th� Prop�rty to make such
<br /> inspections and �ests, at Trus'�or's expense, as Lender may deem appropria�e �o determine �ompiiance of th�
<br /> Property wi�h this section af the Deed of Trust. A.ny inspections or tes�s mad� hy Lender shall be for Lender's
<br /> purpvses only and shal� not be construed to create any responsibiiity or liabili�y on the part of L�nder to Trustor or
<br /> to any other person. Th� representa�ions and warranties cantained herein are based on Trustor's due diligence in
<br /> in��stigating the Property fQr Hazardous 5ubstances. Trusto� hereby ��� releases and wai��s any future claims
<br /> against Lender for indemnity or contribution in �he e�ent Trustor k�ecomes Iiable for cl�anup or other casts under
<br /> any such 1aws; and �2� agrees t❑ indemnify, de�end, and hold harmless Lender against any and all �laims, �osses,
<br /> liabilities, damages, penal�ies, and expenses which Lender may directly or indirectly sustain or su��er resul�ing from
<br /> a breach of this section of the aeed o� Trust ❑r as a consequence of any use, g�n�ratian, manufacture, s�orage,
<br /> disposal, release or threa�ened rel�ase occurring prior t❑Trustar's ownership or interest�n the Praperty, whether or
<br /> n�t the same was or should ha�e k�een known to Trustor. The pro�isions of this sect��n o� the Deed o� Trust,
<br /> including the ahligation�o indemni�y and de�end, shall sur�i�e�he payment of the Indebtedness and the satisfaction
<br /> and recon�eyance ��the lien vf this ❑eed o�Trust �nd shall not be affec�ed by L�nder's acqu�s�fi�on of any interest
<br /> in the Property, whether hy fore�losure or othe�wise.
<br /> Nuisance, Waste. Trustor shall no� �ause, c�nduct or permit any nuisance nar �omr�it, permit, o� suffer any
<br /> sfiripping of or waste �n or to the Proper�y or any portion a� the P�operty. Withaut limiting th� gen�rality of the
<br /> foregoing, Trus�or wifl not remo�e, or gran#t� any other party �he right to remo�e, any timber, minerals �including
<br /> vil and gas}, coal, clay, scoria, soil, gra�el �r rock pr�ducts without Lender's priar written consent.
<br /> Remv►►al of Impro��ments. T�ustor shall no�demafish❑r remo�e any Improvements from the Real Prope�ty withaut
<br /> Lender's prior written consent. As a condition to the remo�ai ❑�any Imprv�emen�s, Lender may requfre Trustvr to
<br /> make arrangements satisfactory to Lender to repla�e su�h Imp�v�ements with Impro�emen�s vf at least �qual
<br /> �alu�.
<br /> Lender's Right to En�er. Lender and Lender's agents and representati�es may ent�r upan the Rgal Property at a��
<br /> reasanable times ta attend to Lender's interests and ta inspe�� #he Real Property �o� purposes of Trustor's
<br /> compliance with the terms and conditi�ns of this Deed a�Trust.
<br /> Cvr�npliar�ce with Go��rnmen#al Requ�rements. Trustor shall p�omptly comply wi�h all laws, ordinances, and
<br /> regulations, now or her�a�ter in effect, ❑f all go�ernmentaf authorities applicabl� to the use vr o��upancy o� the
<br /> Property, including withau� limitation, the Ameri�ans Wi#h Disabiii�ies Act. Trus�or may �ontest in good �aith any
<br /> such law, ardinance, or r�gulation and withhold compliance during any proceeding, including appropriate appea�s,
<br /> sa long as Trustor has notified Lender�n vvr�ting prior ta dving so and so long as, in L�nd�r's sole opinion, Lender's
<br /> interests in the Proper�y are n�t jeopardized. Lender may require Trustar to post adequate 5��urity or a surety
<br /> bond, reasonah�y satisfac'tory to Lender, to p�oteCt Lender's in�eres�.
<br /> Duty tv Protect. Trustor agrees neither to abandon �r lea�e una�tended the Prvperty. Trustar shall d❑ all o�her
<br /> ac�ts, in additian�o�hose a��s se���rth abo�e in�his section, whi�h �rom the Gharacter and use o�the Praperty are
<br /> reasonably necessary to protec�and preser�e the Property.
<br /> DUE t3N SALE - CDNSENT BY LENDER. Lender may, at Lender's option, declare immedia�ely due and payah�e all sums
<br /> secured by this Deed of Trust upon the sale or transfer, withaut Lender's prior written consent, of all or any part of the
<br /> Real Property, or any interest in the Rea! Prvperty. A "sale or transf�r" m�ans the �an�eyan�e of �eal Praperty or any
<br /> right, ti�le ar interest in the Reaf Praperty; whether �egal, heneficial or equitabfe; wh�ther �olun�ary or in��luntary;
<br /> whether by flutr�ght sale, deed, installment sa�e contract, (and con�rac�, contract for d��d, leasehold in�erest with a
<br /> t��m greater than three {3� years, �ease-�pt�on contra�t, or by sale, assignment, or transfer o� an� bene�icial interest in
<br /> vr to any land trust h�ld�ng title to �he Reaf Property, �r hy any other method of con�eyance of an interest in th� Reaf
<br /> Pr�perty. If any Trustor is a cvrpora�ion, partnership or lim�ted liahility company, transfer also incfudes any change �n
<br /> ownership of mare than twen�ty-fi�e percen� ��5°/0� ❑f the �at€ng stock, partnership interes�s or limit�d lial�i��ty company
<br /> in�erests, as �he cas� may b�, �f such Trustor. Howe�er, �his option shall not be �xercised hy Lender if such exercise
<br /> is prohibited k�y f�deral law or by Nebraska law.
<br /> TAXES AND LIENS. The following pro�isions re�ating fio �he �axes and liens on the Property are part of �his D�ed a€
<br /> Trust:
<br /> Payment. Trus#or shall pay when due 4and in all e�ents prior�o de��nquency� all taxes, special taxes, assessments,
<br /> charges �including water and sewer}, fines and impositions le�i�d aga�nst or on ac�ount of the Property, and shall
<br /> pay when due all claims f�r w�rk dane vn or for ser�i�es rendered or material €urn�shed to �he �'roperty. Trusto�
<br /> shall maintain�h� Proper�y �ree of all liens ha�ing priority o�er or equal t�the interest o�Lender under this Deed o�
<br /> Trus�, except fa� the lien of taxes and assessmen�s not due and except as o�herwis� pro�ided in this Deed of
<br /> Trust.
<br /> Right#v Con�est, Trustor may withhold payment of any tax, assessment, or claim in connection with a �ood faith
<br /> dispute o�er the obligation to pay, so long as Lender's interest in the Pr�perty is not jeopardi�ed. �f a lien arises or
<br /> €s �iled as a result of nanpayment, Trustor shal� �i�hin �ift�en 4�5y days after �he lien arises or, if a lien is filed,
<br /> within fifte�n {15� days after Trustor has notice o� the filing, s�cure �he discharge o� the lien, or if requested hy
<br /> Lender, deposit with Lender cash or a suffi�ient corp��ate sur�ty bond or��her se�uri�y satisfacto�y to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and atto�n�ys` �ees, or other charges that couid accrue as a
<br /> resu�t o�a fareclosure ar sa�� under the lien. In any contest, Trusto�shal�defend itself and Lender and sha�!satisfy
<br /> any ad�erse Judgment be�ore en�or�ement against�h� Property� Trustor sha�� nam� Lender as an additionai oh�igee
<br /> under any surety bvnd furnished �n the cantest praceedings.
<br /> E�iden�e of Payment. Trustor shali upon demand furnish to Lender sa�isfa�tory e�iden�e o� pa�yment af the taxes
<br /> or assessments and shall au�h�rize the appr�p�iate go�ernmental official to deli�er to Lend�r at any time a wri��en
<br /> statement of the taxes and assessments aga�nst the Property.
<br /> Nntice v#Cvns#ructivn. Trustor shall notify L�nder at �east fi�teen �15� days before any work is cammenced, any
<br /> se��ices ar� furnished, or any materials are supplied to �h� Prope�ty, if any mechani�'s �ien, materiafinen's lien, or
<br /> other iien �ould be asserted on accoun� of �he work, ser�ices, or materia�s. Trustor will upvn request o� Lender
<br /> �urnish to Lender ad�ance assurances sa�isfactary to Lender that Trusto� can and will pay �he cast o� such
<br /> impro��ments.
<br /> PR�PERTY DAMAGE fNSURAIVCE. The �allowing prv�isions relating to insuring the Prape�ty are a par�of�his �e�d o�
<br /> Trust.
<br /> Maintenance of Insurance, Trustor shail procure and main�ain policies �f fire insuran�e with standard extended
<br /> co�erage end�rsemenrs on a replacement bas�s for �he full insurable value co�ering all �mp�o�ements on the Real
<br /> Property in an amount suffiGient to a�oid applicat�on a� any coinsurance clause, and with a standard mar�gag��
<br /> clause in fia�o�o�Lender. Trustar sha�� also p�ocure and maintain comprehensi�e general liabifity insurance in such
<br /> co�erage amounts as Lender may request w�th Trustee and Lender being named as additiona� insureds in such
<br /> liabili�y insurance policies. Additionally, Trustar shall maintain such other insurance, including hut not limited �o
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