|
2� 1 ��74�8
<br /> aEED �F TRUST
<br /> Loan No: 'i fi7�2�5 ��ontinu�d� Page 2
<br /> on, under, about or frvm the Pf�p�rty by any pr3or owners or occupants a� �he Proper�y, or �cf any actual ❑r
<br /> threatened IitEgation or claims of any kind by any person reEating ta suGh maiters; and �3� Except as pre�iously
<br /> disc�osed to and a�knawledged by Lender in writing, �af neither Trustor nar any tenant, contrac�or, agent or other
<br /> authorized user�f the Property shali us�, ��nerate, manufacture, score, treat, dispase of or release any Hazardous
<br /> Substance an, under, about ar frvm the Property; and �by any such a�ti�ity shall be condu�ted in campliance with
<br /> all appli�able federa�, state, and locai laws, r�gu�ations and ordinances, including withaut lim+tation a!I
<br /> En�ironmental Laws. Trusiar authorizes Lender and its ag�nts to enter upan the Pr�perty to make such
<br /> inspections and tests, at Trustor's expens�, as Lender rnay d�em appropriate to determine campliance a� the
<br /> Property with this section of the ❑eed of Trust. Any inspections or tests made by Lender shall be fot L�nd�r's
<br /> purposes only and sha�i not be construed to create any responsibility ar Eiability on the part vf Lender to Trustor ar
<br /> to any ather person. Th� representat�vns and warranties contained herein are based vn Trustor's due diEigence in
<br /> in�estigating the Property fvr Hazardous Substances. Trustor hereby �1� r�leases and wai�es any future claims
<br /> against L�nder for indemnity or contributi�n in the e�ent Trusiar becomes I�abie for c�eanup or ather costs und�r
<br /> any such Iaws; and f�� agrees ta indemnify, defend, and hold harmless Lender against any and all claims, �asses,
<br /> liabilities, damages, penalties, and expenses which Lender may dir�ctiy ar indirectly sustain or suffer resulting fram
<br /> a b�each af this section of the Deed af Trust ar as a cvnsequence of any use, generation, manufactur�, storage.
<br /> disposal, releas�or threatened reiease occurring prior ta Trustor's ownership or interest in the Property, whether or
<br /> not the same was or should ha�e been knawn to Trustor. The p�a�isions af this section of the Deed v� Trust,
<br /> sncEudin�the ab�+gation ta �ndemnify and defend, shall sur�ive the payment vf the Indebtedness and the satisfaction
<br /> and recon�eyance of�he lien af this Deed a#Trust and shal� not be affected by Lender`s acquisition a# any int�rest
<br /> in the Property, whethe�by forec�osu�e or otherwise.
<br /> Nuisance. INaste. Trustar sha�i npt cause, cvnduct ar permit any nuisance nor commit, permit, or suffer any
<br /> stripping of or waste on or to �he Property or any porti�n ❑f the Property. INithaut limiting �he generality of the
<br /> #oregoing, Trusto� will not remo�e, or grant to any other party the right to rema�e, any tim�er, minerals tincluding
<br /> oil and gasy, coal, clay, scoria, svi�, yra�el or rock products withvut Lender's prior writEen consent.
<br /> Remo�al of Impro�ements. Trustor shall nvt demalish ot r�mo�e any impro�ements fram the Rea� Property without
<br /> Lender's prior written cansent. As a canditian ta the remo�al of any Impro�ements, Lender may require Trustor to
<br /> make arrangements satis�actory to Lender tv replace such impra��m�nts with lmpro��ments af at least equal
<br /> �alue.
<br /> Lender's R�ght#o Enter. Lender and Lender's agents and representati�es may enter upan the Real Property at all
<br /> reasonab�� times tv attend to Lender's interests and to inspect the Rea� Property for purposes of Trustor's
<br /> complian�e with the terms and conditions of this Deed af Trust.
<br /> Campliance with Governmgntal Requirements. Trus�or shall promptly comply with all laws, ordinan�es, and
<br /> regulativns, naw or h�rea�ter in e#fec�, of aFl g��ernmen#al autharities applicable to the use or occupancy of the
<br /> Proper#y. Trustor may contest in gaod faith any such law, or�inance, ar regulatian and withhold �ompliance during
<br /> any proceeding, including approprEate appeals, so lang as Trustar has n�tif�ed Lender in wr�ting prior to doing so
<br /> and sv Ivng as, in Lender's svle �pinion, Lender's interests in the Praperty are nat�eopardi�ed. Lender may require
<br /> Trustor to pvst adequate security ar a surety bond, reasanabfy sat�s�actory to Lender, to protect Lend�r's interest.
<br /> Duty to Pratect. Trustor agrees neither ta ahandan ar leave unattended the Property. Trustar sha[I do a�� other
<br /> a�ts, in additian ta those a�ts set#orth above in th�s section, which from the �haracter and use of the Property are
<br /> reasonably necessary to protect and preser�e the Praperty.
<br /> DUE DN SALE - C�NSENT �Y LENDER. Lender may, at Lender's ❑ptivn, dec�a�e immediate�y due and payabl� all sums
<br /> secured by ihis ❑eed o�Trust upon the sale ar transfer, withou� Lender's prior written consent, of a!I or any part of the
<br /> Real Property, or any int�rest in the Real Property. A "sale or iransfer" means the con�eyance af R�al Property ar any
<br /> right, title or interest in th� Real Prvperty: whether f�gal, b�ne�i�ial �r equitable; whether �oluntary ar in�oluntary;
<br /> whether by outright sa1e, deed, installment sa�e contract, fand cflntract, cvntract for deed, �easehold interest w�th a
<br /> term greater than �hree {3y years, lease-optian contract, or by sale, assignment, ar trans#er af any b�neficial �n�erest in
<br /> or ta any land trust holding title to the Real Property, �r hy any ather method of can�eyance of an interest in the Real
<br /> P�ope�ty. Howe�er, this option shall not be exercised by Lender i# such exercise is prahibit�d by federal !aw or hy
<br /> Nebraska law.
<br /> TAXES AND L1ENS. The foflowing prv�isions refating to the tax�s and liens �n the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trusto�shail pay when due �and in a!� e�ents privr ta delinquencyy alr taxes, special taxes, assessments,
<br /> charges �inciuding water and sewer}, �ines and impas��ions fe�ied a�ainst or on account of the Prvperty, and shall
<br /> pay when due ail claims �or work done on or for ser�ices rendered or material furnished �o the Property. Trustor
<br /> shall maintain the Property fr�e of all liens ha�ing p�ivrity a�er ar equal to the interesi of Lender under this �eed of
<br /> Trust, except fvr the lien of taxes and assessments not due and except as vtherwise p�o�ided in this Deed of
<br /> Trust.
<br /> Righ�to Con#est. Trustvr may withhold payment of any tax, assessment, or Claim in connectian with a good faith
<br /> dispute o�er the vbiigation to pay, so tong as Len�er's interest in th� Property is not jeopardized. I� a lien arises or
<br /> is �iled as a result af nonpayment, T�ustor shall within fifieen �1 5y days after the I�en arises or, if a �'ren is fi�ed,
<br /> within fifteen ��5y days afte� Trustor has no�ice of the filing, secure the discha�ge af the lien, ar if requested by
<br /> Lender, deposit with Lender cash ar a sufficient co�parate su�ety bond or other security satisfa�ta�y to Lender in an
<br /> amount su#ficient to discharge the Eien pEus any cvsts and attorneys' �ees, ar other charges that cauld accrue as a
<br /> result of a far��losur�or sale under the lien. In any contest, Trustor shall defend i�s�lf and Lender and shaEl satis�y
<br /> any ad�erse�udgment before enforcement against th� Property. Trustar sha�l name Lender as an additional abligee
<br /> under any surety band furnished in the cantest praceedings.
<br /> E�idence of Payment. Trustor sha1� upan demand furnish �o L�nder satisfacto�y e�id�nce of payment of the taxes
<br /> or assessments and shal� authorize the apprapriate go�ernmentai officiai to deli�er t❑ Lender at any time a w�itten
<br /> statement of�he taxes and assessments against#he Property.
<br /> Natice of Cons#ruction. Trustvr shall notify Lender at least fifteen ��5y days be�ore any work is commen�ed, any
<br /> ser�ices a�e furnished, or any materia�s are suppl+ed to the Property, if any mechanic's lien, materialmen's fien, ❑r
<br /> other EEen cauld be asserted vn account of the wvrk, ser�ices, af materials. Trustor wili upan request ❑� L�nder
<br /> #urnish to Lender ad�ance assurances satisfactory to Lender that Trustor can and will pay the cost af su�h
<br /> imprv�ements.
<br /> PR�PERTY �AMAGE INSURANCE. The fallvwing pro�isians relating to insuring the Praperty ar� a part af this Deed of
<br /> T�ust.
<br /> Maintenance of lnsurance. Trustor shall procure and maintain policies o� fire insurance with standard exiended
<br /> caverage endorsements on a replacement basis for the full insurab�e �alue co��ring all Impro�ements on the Rea�
<br /> Property in an amount suffi�ient to a�oid application of any coinsurance clause, and with a standard martgagee
<br /> clause in fa�or of Lender, together with such other hazard and liability insurance as Lender may reasanably require.
<br /> Policies sha1� be written in form, amounts, co�erages and basis reasonably acceptable to Lender and issu�d by a
<br /> company vr campanies reasanably acceptabl� ta Lender. Trustor, upon request af Lender, wil� deli�er to Lender
<br /> from time to time �he policies or certificates vi insurance in #arm satisfactory to Lend�r, including stipulations that
<br />
|