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2� 1 ��79�2
<br /> DEED �F TRUST
<br /> t Cont�nued y Pa�e 2
<br /> disclosed to and acknowl�dged hy Lender in writing, ta� n�ither Trustor n�r any tenan�, contra�tor, agent or other
<br /> authorized us�r of the Property sha�l use, generate, manufacture, stvre, treat, dispose af or relsase any Hazardous
<br /> Substanc�on, under, about vr from the Property; an�f (by any such acti�ity shall be conducted in compliance with
<br /> a1l appi+cable federal, state� and local 1aws� regule�ians and ordinances, including without limitativn al1 ,
<br /> En�irvnmental Laws. Trus#vr authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may d�em appropriate to determine compliance o� the
<br /> Property with this section of the Deed o# Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purpases only and shall not he construed to create any responsibili#y ar�iahility on the part�f Lender to Trustor or
<br /> to any other persan. The representativns and warranties contained herein are hased vn Trustor's due diligence in
<br /> in�estigating the Property far Hazardous Substenc�s. Trustor hereby �1 f releases and wai�es any future claims
<br /> against Lender far indemnity or cvntribution in the e�er�t Trustor hecomes liable for cleanup or other costs und�r
<br /> any such laws; and ��y agrees to indemnify, defend, and hold harmless Lender against any and a��cta�ms, �osses,
<br /> liabilities, damages, penalties, and expenses which Lender m�y directly vr indirectly sustain ar suffer resulting from
<br /> a breach of this section of the Deed �f Trust or as a consequence �f any use. generation, manufacture, storage,
<br /> disposal, release or threatened release❑ccurring prior to Trustvr's awnership or interest in the Property. whether or
<br /> not the same was or shvuld ha�e besn known tv Trustor. The pro�isions of this section �f the Deed of Trust,
<br /> including the ohligation t�indemnify and de#end, shali sur�i�e the payment of the Indebtedness and the satisfa�tivn
<br /> and recan►►eyance of the lien of this Deed of Trust and shall not be affected by Lender's aCquisitian of any interest
<br /> in the Property, whether�y foreclvsure vr otherwise.
<br /> Nuis�nce, Waste. Trustar shall nvt cause, conduct or permit any nuisance nvr cammit, permit� or suffer any
<br /> stripping a� o� waste on or to the Property vr any portian �f the Praperty. Withvut iimiting the generality af the
<br /> �aregoing, T�ustvr will nvt remv�e, ar grant to any other party the right to remo�e� any timber, minerals �including
<br /> vil end gasy,coal, cley, scoria,soil,gra�el❑r rflck prnducts withvut Lender's prior written consent.
<br /> Remo��l of Impro�gmants. Trustor shali nat demolish or remo�e any Imprv�ements from the Real Prop�rty withvut
<br /> Lender"s prior written cansent. As a �ond'+tion ta the remo�al of any Impro�ements, Lender may require Trustor to
<br /> make arrangements satisfac�ory to Lender ta rep#ace su�h Impro�ements with Imp�o�ements vf at least equal
<br /> ��lue.
<br /> Lendsr's Right#v Entar. Lsnder and Lender's agents and representati�es may enter upan the Real Property at all
<br /> reasonab�e times to attend ta Lender's interests and ta inspect the Rea1 Property �vr purpases v# Trustvr's
<br /> compliance with#he terms and conditions o�this Dee�i o#Trust.
<br /> Compliancs with Go►►ernmental Requiremerrts. Trustor sha�� promptly cvmply with ali iaws, ordinances. and
<br /> regulat+vns, now or her�after in effect. of ali go�ernmental authorities appiicable to the use or occupancy of the
<br /> Property, including without limitation� the Americans With Disabilities Act. Trustvr may contest in good fai#h any
<br /> such law, ordinance, or regu�ation and withhold compliance during any prvc�eding, including appropriats appeals,
<br /> sv long as Trustor has notified Lender in wri�ing prior to daing so and so Ivng as, in Lender's sole apinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustvr to post adequate security or a surety
<br /> bvnd, reasonahly satis�actary to L�nder�tv protect Lender's interest.
<br /> Duty to Protact. Trustar agress nei�her to ab�ndon or lea�e una�tended the Property. Trustor shall do al� other
<br /> scts� in addition ta those acts set forth a�o►►e in this section, which from the character and use af the Property are
<br /> reasnnably necessary to pr�te�t and preser�e the Pr�perty.
<br /> DUE DN SALE-GDNSENT BY LENDER. Lender may, at Lender"s option, declare immediately due and payable all sums
<br /> secured by�his❑eed of Trust upon the saie vr trensfer. without Lender's priar written consent, vf all or any part❑f the
<br /> Real Property, ar any int�rest in the Rea! Property. A "sa�e or transfer" means the conveyance o#Real Property or any
<br /> right. title or interest in the Real Praperty; whg#her legal, bene#+Gial or equitable; whgther �oluntary or in�viuntary;
<br /> whether by vutright sale, deed, installment sale �vntract, I�nd contract, contract for deed, leasehold interest with a
<br /> term greater than three (3y y�ars, iease-option contract� dP�3�1 58I8i assignmen#, ❑r transfer af any beneficial interest in
<br /> or to eny land trust hvlding title to the Real Proper�y, or by any ❑ther method vf con�eyance of an interest in the Real
<br /> Rroperty. �f any Trustor is a carporatian, partnership ar lir�nited liab+�ity company, transfer also includes any change in
<br /> ownership of more than twenty-fi��percent �259�y vf the�oting stock, partnership interests or limited liahility company
<br /> interests, as the case mey be, af such Trustor. Howe�er, this optian shall not be exercised by Lender if such exer�ise
<br /> is prahibited by federal law vr by N�braska�aw.
<br /> TAXES AND L1E1V5. The follvwing pro�is�ons relating to the taxes and liens on the Property are pa�t vf th�s Deed �f
<br /> Trust:
<br /> �Payment. Trustor shall pay when due �and in ali e�ents prior to delinquencyy all taxes, special taxes. ass�ssments,
<br /> charges tin��uding water and sewery. fines and impositions le�ied against or on ec�ount of the Property, and shall
<br /> pay when due all �laims �or work done on vr for ser�ices rendered nr materiel furn�shed to the Prvperty. Trustor
<br /> shall maintain the Prope�ty free of all liens ha�ing priority a�er ar equal to the interest of L�nder under this Deed�
<br /> Trust, except for the lien o# taxes and assessments nnt due and except as oth�rwise pra►►ided in this Deed a
<br /> Trust.
<br /> Right to Contest. Trustor mey withhvld payment af any tax, assessment, ar claim in c�nnectiQn with� good faith
<br /> dispute o�er the obiigation ta pay, so long as Lender's in�erest in the Property is not jevpardired. lf a lien arises vr
<br /> is #iled as � resu�t of nonpayment, Trus#or shal! with�n fifteen �15f days after the lien arises or, if a lien is �iled,
<br /> within fifteen �15y d�ys atter Trustor has notice ❑f the fiiing, secure the discharge vf #he lien, or if requested by
<br /> Lender,deposit with Lender cash or a suff�cient corp�rate surety band or ather security satisfsctvey to Lender in an
<br /> emvunt suffi�ient to discharge the lien plus any costs and attvrneys' fees, vr ather charges that could �ccrue as a
<br /> result o#a#orsclasu�e or sale under the I+en. In any�antest,Trustor shall defend itself an� Lender and shali satisfy
<br /> any ad�erse�udgment befo�e enforcement aga+nst the Prvperty. Trustflr shali name Lender as an additivnal ohligee
<br /> under any surety bond furnishsd in the cvntest praceedings.
<br /> E�idenca of Payment. Trustor shall upon demend furnish to Lender setisfactory e�id�nc� of paymen�of the taxes
<br /> or assessments and shall authorize th� appropriate ga�ernmental vffic+a� tv deii�er�� Lender at�ny time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construction. Trustar shall nvtify Lender at least #ifteen �15y days be�ore any work is commenced, any
<br /> ser�ices are furnished, or any materials are suppfied to the Prvperty� if any mechanic's lien, materialmen's lien, vr
<br /> vther I�en could be �sserted on a�count of the work, seniices, ar materials. Trustor will upon request of Lender
<br /> furnish to Lender ad�ance assurances s�tisfactary tv Lender that Trustor �an and w+ll pay the �ost o� such
<br /> impro�ements.
<br /> PR�PERTY DAMAGE INSURANCE. The follawing prv�isions relating ta insuring the Propsrty are a part of�his Desd of
<br /> Trust.
<br /> Mninten�n�g of Insuranca. Trustor shall procur� end maintain policies �f fire insur�nce with standard extended
<br /> co�e�age endnrsements vn a replacement basis fvr the full insu�ahle �alue ca�er�ng all impro�ements on the Rea
<br /> P�operty in an amount suffic+ent to ��a�d application �# any coinsurance clause, and with a standard mortgagee
<br /> �laus� in fa��r of Lender. Trustar shall alsv procure end maintain comprehensi�e general liabi�ity insurance in such
<br /> cv�e�age emounts as Lender may request with Trustee and Lender heing named as additionai insureds in such
<br /> liability insur�n�e pvticies. Additivnally, Trustor shall maintain such other insurance, including but not iimited tv
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