|
2� 1 ��� 1 �9
<br /> DEED �F TRUST
<br /> �Continued� �a�e z
<br /> authori�ed user of the Praperty shall use, generate, manufacture, store, treat, dispose of or��lease any Hazardous
<br /> 5uhstance on, under, about or from the Property; and �bI any such acti►►i�y shall be�onducted in compliance with
<br /> all applicable federal, s#ate, and Ivcal laws, regulat�ons and ordinances, includ�ng without limitativn all
<br /> En�ironment�l Laws. Trustor authorizes Lend�r and its agents to enter upnn the Praperty �a make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine comp�ian�e nf the
<br /> Property with this section vf the Deed of Trust. Any inspectivns vr tests made by Lender shali be fvr Lender's
<br /> purp�s�s only and sha�l not be construed to create any responsihility or liability on the part❑f Lender to Trustvr or
<br /> to any other person. The represen#a#ions and warranti�s contained herein are based vn Trustor's due diligence in
<br /> in�estigating the Property fo� Hazardous 5ubstances. Trustvr hereby �1 f releases and wa+�es any future �iaims
<br /> against Lender fo� indemnity or contrEbution in the e�ent Trustor he�omes fiahls for �leanup or other costs under
<br /> any such laws; and {2f agrees to indemni#y, defend, and hvld harm�ess Lend�r against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indire�tly sustain or suffer resulting from
<br /> a breach af this section of the Deed of Trust or as a consequence of any use, generati�n, manu�ac#ure, storage,
<br /> disposai, release or threatened release accurring pr�or ta Trust�r's ownership or interest in the Property, whether or
<br /> not the same was or should ha�e been known to Trustor. The pra�isions o# this section of the Deed of Trust.
<br /> including the vhligation tv indemnify and defend, shall sur�i�e the payment of the Indebtedness and the satisfaction
<br /> and recon�eyance❑f the lien of this Deed o#Trust and shall no�b�affected by Lender's acquisitian of any interest
<br /> in the Property, whe�her by forec�osure or otherw�se.
<br /> Nuisence, Vllaste. Trus#vr shall not cause, conduct or p�rmit any nuisance nor commi#, permit, vr suffer any �
<br /> stripping of ar waste on or to the Property or any partivn af the Property. Without limiting th� generality o� the
<br /> - foregoing� Trus�or wifl not remo�e� or grant to any other party the right tv remv�e, any timber, minerals �inc�uding
<br /> oil and gas�, cval, clay, scoria,svil, gra�e�or rvck produ�ts w�thout Lender's prior written cansent.
<br /> Rema�al af Imprv�aments. Trustor shall not demvlish nr remo�e any Impro�ements fram the Real Property without
<br /> Lender's prior written consent. As a condition to the rema�al of any Impro�ements, L�nder may require Trustor to
<br /> make arrangements satisfa�tary to Lender to replace such Impro�ements with Impro�ements �f a# leas# equal
<br /> �alue.
<br /> Lendar`s Right to Enter. Lender and Lend�r's agen#s and repr�sentati�es may enter upvn the Real Property at a�l
<br /> reasonable times ta attend tv Lende�'s interests and tv inspect the Real Property for purposes ❑# Trustvr's
<br /> compliancs with the terms and conditions of this Deed a#Trust.
<br /> Compliance with Go�ernmental Raqu�rsments. Trustor shaii promptly camp�y with a!I laws, ordinances. and
<br /> regulatians, naw or hereaf�gr in effect. of all gv�ernmen#al authorities applicab�le to the use or occupancy of �he
<br /> Prvperty, including withvut limitation, the Americans With Disabilities Act. Trust�r may contest in good #aith any
<br /> such law. ❑rdinance, or �egulation and withhaid campliance during any proceeding, including appropriate appeals,
<br /> so long as Trust�r has notified Lend�r in writing prior to do�ng s❑and so�ong as, in Lender's sole vpinivn� Lender's
<br /> interests �n the Property are no# jeapardized. Lender may require Trustor tv post adequa�e security or a surety
<br /> I�and, �easonably satisfactory tv Lender,to protect Lender's int�res�.
<br /> Du#y tv Prvtect. Trustor agrees ne�ther to abandon vr lea�e unattended the Property. Trustor shall do all other
<br /> acts, in additivn to those acts set fvrth abv�e in this sect�an, which from the character and use of the Property are
<br /> reasanabiy necessary t�protect and preser�e the Prvperty.
<br /> DIIE�N SALE-C�NSENT BY LENDER. L�nder may, at Lender's option, declare �mmediately due and payable all sums
<br /> secured by this Deed of Trust upon the sale or transfer, without Lender's priar written consent, of all or any part of the
<br /> R�al Praperty, or any interest in the Real Property. A "sale vr trans#er" means the can►►eyance of Real Proper�y or any
<br /> right, title ar interest in the Reaf Praperty; whether legal, bene#icial or equitab�e; whether �a�untary or in�oluntary;
<br /> whether by outright sale, d�ed, installment sa�e contrac#, land cantract, �ontract for deed, leasehold interest with a
<br /> #erm greater th�n three �3f years, l�ase-option contract, or by sale, assignment, or transfer of any bene#iciai interest in
<br /> vr tv any land trust holding title to the Rea� Praperty, or by any other method of con�eyance of an interest in the Rea�
<br /> Property. I� any Trustor is a corporation, partnership or lim�ted liability company, trans#er also includes any change in
<br /> awnership vf mvre than twenty-fi�e percent ��5°/oy of the�oti�g stock, partnership interests vr limited liability�ompany
<br /> interests, as the case may be, a#such Trustar. Hawe�er, this option shall n�� be ex�rcised by Lender if such exercise
<br /> is prvhibited by federai iaw or by Nebraska law.
<br /> TAXES AN� LIENS. The fvllowing pro�isivns reiating tv the taxes and liens on the Property are part of this Deed of
<br /> Trus�:
<br /> Peyment. Trustor shal� pay when due �and in all e�ents prior to delinquencyy all taxes, special taxes, assessments,
<br /> charges tin�luding water and sewery, fines and impositions 1e�ied aga�nst or an accvunt vf the Prvperty, and shall
<br /> pay when due alf claims for wvrk done on or #or ser�i�es rendered or material furnished to the Property. Trustvr
<br /> shall maintain the Praperty free 8f afl liens ha�ing pr'rority o�er or equal to the interest o#L�nder under this Deed❑f
<br /> Trust, ex�ept for the lien o# taxes and assessments not due and except as otherwise prv�ided in this Deed ❑f
<br /> Trust. ,
<br /> Right to Gan#est. Trustor may withhold payment af any tax, assessment, vr claim in cvnnection with a good #aith
<br /> dispute o�er the�bligation to pay, so Inng as Lender's interest in�he Pr�perty is not jeopardiied. If a iien arises vr
<br /> �s filed as a result �f nvnpayment, Trustor shall within fifteen �15f days after the lien arises �r, if a lien is filed,
<br /> within fifteen �15y days after T�ustor has natice o#the filing, secure th� discharge of the lien, vr i� requested hy
<br /> Lender,depvsit with L�nder cash or a sufficient�arporate surety bond or vther security sa�+sfactory to Lender in an
<br /> am�unt sufficient to discharge the lien plus any costs and attvrneys' fees� or ath�r charges that cou�d accrue as a
<br /> result❑f a�oreclosure or sale under the lien. ln any contest,Trustor shal�defend itself and Lender and shal(satisfy
<br /> any�d�erse judgment befvr�enforcement against the Property. Trustor shall name Lsnder as en additionai ak�ligee
<br /> under any surety bond#urnished in the contest procesdings,
<br /> E�idence o�PaymBnt. Trustar shall upnn demand furn�sh tv Lender sa�isfactory e�iden�e of payment of the taxes
<br /> ❑r assessments and sha�l authorize the apprapriate go�ernmental official �v deli�er to Lender at any�ime a written
<br /> sta#emen�of the#axes and assessmsnts against the Property.
<br /> Natice vf Constructinn. Trustor shall natify Lender at le�st f��teen �15y days before any work �s commenced, eny
<br /> ser�icgs are #urnished. or any materia�s are supplied to the Property, i�eny mechani�'s lien. mate�i�lmen's lien� or
<br /> vther lien could b� asserted on accvunt af the work, ser�+ces, ❑r m�terials. Trustor will upon request of Lender
<br /> furnish ta Lender ad�an�e assuran�es satisfactvey to Lender that Trustor can and wi11 pay the cost of such
<br /> imprv�ements.
<br /> PR�PERTY DAMAGE INSURANCE. The following pro�isions refating�❑ insuring the Property are a part❑�this Deed vf
<br /> Trust.
<br /> Maintenanca o# Insuran�e. Trusto� shall procure and mafntain policies of fir� insurance with standard extended
<br /> co�erage endorsements an a replacement b�s�s fvr the full insu�able �alue �o�ering afl Impro�ements ❑n th� Real
<br /> Property in an �mount sufficient �o a�oid applic�tion of any coinsurence clause, and w+th a standard mortgagee
<br /> clause in fa�or of Lender. Trustor shall also pro�ure and maintain comprehensi�e general liability insurance in such
<br /> �o�erage amounts as Lender may request with Trustee and Lender heing named as additianal insureds in such
<br /> liability �nsurance polic�es. Addi#ionaily, Trustor shel� maintain such other insur�nce, inciuding but no# iimited to
<br /> hazard, busin�ss interruption, and bo�ler insurance, as Lender msy reesonably require. Poli�iss shall be written in
<br /> �
<br />
|