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2� 1 ��8�75
<br /> �3EE� �F TRU ST
<br /> �CarltlrlueC�� Page 2
<br /> Trus�or's ownership of the Properly,�here has been na use,generatian, manufacture, storage,treatment,dfspvsa�,
<br /> release or threatened r�lease of any Hazardous Substanoe hy any person on, under, about or from the Property;
<br /> �2} Trustor has na knowledge of, or reason#o belie�e that there has been, except as pre�iQusly disclosed tv and
<br /> a�knvwiedged by Lender in writing, �a} �ny breach or �iolation af any En�ronmental Laws, �b} any use,
<br /> generatian, manufa�tur�, st�rage, tr�atment, disposal, refease ar threatened releas� of any Hazardous Substanae
<br /> on, under, abou# ar fram the Property by any pri�r owners or occupants of the Prop�rty, vr �G} any actual or
<br /> threatened litigation or claims vf any kind by any persvn relating to such matters; and �3} Except as pr��ious�y
<br /> disciosed to and acknow�edged by Lender in writing, {a} neither Trustor nvr any tenant,contractor,agent vr other
<br /> authartzed user of�he F'roperty shall use, generate, manufac#ure, stvre,treat, dispase of or reieas�any Hazardous
<br /> Substance an, und�r, about or from the Property;and �b} any such acti��ty sha!! be conducted in c:ampliance with
<br /> al� appl�cable federal, state, and local laws, regulations and ordinances, including without limitation afl
<br /> En�irvnmental Laws. Trus#vr authorizes Lender and i#s agents to enter upvn the Property to make su�h
<br /> inspections and tests, at Trustor's expense, as Lender may deem apprapr�ate to determine �omplianoe a� the
<br /> Property with this sectian af the D�eed vf Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purpases anly and sha11 not be cons�rued to create any respansibility vr liability on the pa�t af Lender to Trustor or
<br /> to any ather persan. The representa#ions and warranties cantained herein are based on Trus�or's due di�igenoe in
<br /> investigating the Propsrty for Hazardaus Subs�anoes. T�ustor hereby {1} releases and wai�es a�ny future claims
<br /> against Lender fvr indemnity or contributian in the e�ent Trustar beoomes iiable fflr cleanup or other costs under
<br /> any such laws; and �2} agrees�o indemnify, defend, and hold harmless Lender agains�any and a!I claims, losses,
<br /> liabi�ities, damages, p�nalties, and expenses which Lender may directiy ar indirectly sustain or suffe�-resulting fram
<br /> a breach af this sect�on of the Deed af Trust vr as a consequence o�any use, generation, manufacture, stvrage,
<br /> disposal, re�ease or threatened re�ease occurring prior tv Trustor's vwnership or interest in the P�-�perty,whether or
<br /> not the same was or should ha�e been knvwn to Trustar. The pra�isivns of this section vf the Deed of T'rust,
<br /> including the obiiga#ion to indemni#y and defend,sha�l survi�e the payment o�the Indebtedness and the satisfaction
<br /> and reoon�eyance af the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any Ent�rest
<br /> in the Property,whether by fore�losure or atherwise.
<br /> Nuisance, Waste. Trustor shall nvt cause, conduct or permit any nuisance nor commit, permit, �r suffer any
<br /> st�ipping of �r waste on or to the Prc�perty ar any pnrtian of the Property. Vllithvut limitin� th� generality of the
<br /> �oregoing, Trustor wil� not remo�e, or grant to any other party the right to remo�e, any timber, minerafs�including
<br /> �i�and gas}, coal, clay, scoria, soi�, gra�el or rock produc�s without Lend�r's pr�or written consent.
<br /> RemB�a!of Impro�ements. Trustor shall not demolish or remo�e any Impro�ements trom the Rea1 Prop�rty wi�hout
<br /> Lender's prior writ�en cvns�nt. As a cvnd�tivn tv the rernv�a�af any Impra�ements, Lender may�equire Trustor#o
<br /> make arrangements satisfactory to Lender #a rsplace such Impro�emen#s wi#h Impro�ements vf at least equal
<br /> �alue.
<br /> Lender's Right to Enter. Lender and Lender'� agents and �epresentati�es may enter up�n the Real Property at all
<br /> reasonable times to attend �o Lender's in#erests and to inspect the Real Praperty far purp�ses of Trustar's
<br /> campliance with the terms and cvnd#tions of this Deed of Trust.
<br /> Compliance with Governmentaf Requ�rements. Trustor sha�l prc�mptly camply w��h a�l laws, ordinances, and
<br /> regulations, now �rr hsreafter in effe�t, o� a�l governmental autharities applicable #o the use or occupancy af the
<br /> Property. Trustar may contest�n gvad faith any such law, vrdinance, or reguiation and withhvld cvmpiiance dur�ng
<br /> any proceeding, including appr�priate appea�s, sv iong as Trus#or has no#ified Lender in wr�ting priar tv dving so
<br /> and so long as, in Lend�r's sole vpinfon, Lender's interests in the Property are not�eopardized. Lender may require
<br /> Trustar to past adequate security ar a surety bond, reasonably satisfactary to Lender,to protect Lende�s interest.
<br /> Duty to Protect. Trustor agrees neith�r to abandon or lea�e unattended the Property. Trustor shal! da all other
<br /> acts, in additian�o th�se acts set for�h abo�e in this se�tian, which f�om the character and us�of the Property are
<br /> reasonabiy necessary ta protect and preserve the Praperty.
<br /> DIJE�N SALE -C�NSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable al! sums
<br /> secured by this Deed of Trust upon #he sale�r transfer, without Lender's prior wri#ten consent, �f�I�or any part�f the
<br /> Rea! Property, or any interest in the Real Property. A "sale or tra nsfer" means the conveyan�e of Real Property or any
<br /> right, tit�e or interest �n the Real Prope�ty; whether legal, beneficial ❑r equitable; whether �aluntary v� in�oluntary;
<br /> whether by outright sa�e, deed, instal[ment sale �antract, land cantract, cont�act fvr deed, leasehold inte�-�st with a
<br /> term greater than three t3} years, lease-option contract, or by saie, assignment, ar�ransfer of any beneficial inter�st in
<br /> or to any land tru st holding title �o the Rea� Property, or by any flther method of conveyance of an interest in the Real
<br /> Property. However, this option shall nvt be exercised by Lender if such exercise is proh�bited by �ederal law or by
<br /> . Nebraska law.
<br /> TAXES AND LIENS. The follvwing provisions rela��ng to the taxes and liens on the Property are part vf this ❑eed of
<br /> Trust:
<br /> Payment. Trustvr sha�l pay when due�and in all e�en#s prior to delinquency�all#axes, special taxes, assessments,
<br /> charges �including water and sewer}, fines and imp�siti�ns le�ied against or on account of the Property, and sha�l
<br /> pay when due alf �laims for work dane on or fvr seniices rendered or material furnished to the P�operty. Trustar
<br /> shall maintain the Property fr�e of al! �iens having priority o�er or equal to the interest a#Lender�unde�-this Deed o�
<br /> Trust, except far the �ien of taxes and assessments not due, except fvr the Existing Indebtedness referred to
<br /> below, and except as otherwise pro�ided in this Deed of Trust.
<br /> Right ta Contest. Trustcrr may withhold payment a'F any tax, ass�ssment, ar claim in cvnnec#�vn with a good�aith
<br /> dispute a�er the abligativn to pay, sa I�ng as Lender's interest in the Property is not jeop�rdized. If a lien aris�s or
<br /> is filed as a result of nonpayment, Trustor shall within fifteen �15} days after#he lien arises or, i� a lien is filed,
<br /> within ffteen �15} days a�ter Trustvr has notice of the f�ing, secure the discharge of the �ien, or i� r�quested by
<br /> Lender,deposit with Lender Gash or a suffi�ient corparate surety bond ar other security satisfactory to Lender in an
<br /> amount sufficient#o d�scharge the �ien plus any costs and attorney�'fees, ar other�harges that could accrue as a.
<br /> resuft of a fvreclasure t�r sale under the lien. In any contest, Trustvr shali defend i�se�f and Lender and shall satisfy
<br /> any ad�erse judgment before enforcement against the Property. Trustar shall name Lend�r as an additivnal�bligee
<br /> under any surety band furnished in the�ontest pro�eedings.
<br /> E�idence af Payment, Trustor shall upon demand furnish to Lender satisfactory e�idence of payment of the taxes
<br /> or assessmen�s and shall authorize the appropriate go�emmental officia�to deli�er ta Lender at any time a written
<br /> statement vf the taxes and assessments against the Property.
<br /> Notice nf Construction. Trustor shall notify L�nder at least fifteen ��5}days bef�re any work is commenced, any
<br /> services are fumished, o�any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br /> othe� lien c�uld be asserted on accvunt of the work, ser�ices, or materials. Trustvr wili upon request of Lender
<br /> furnish ta L�nder ad�ance assurances satisfactory to Lender �ha� Trustvr can and will pay the cvst vf such
<br /> impro�ements. �
<br /> PR�PERTY DAMAGE INS�RANCE. The�ollowing provisions relating ta insuring the Property are a part of this Deed of
<br /> T ru st.
<br /> �laintenance of Insurance. Trustor shali procure and maintain policies af fire insurance with s�andard ext�nded
<br /> co�erage endorsements an a fa�r �alue basis for the ful� insurable �a�ue Go�ering al! Impro�ements on the Real
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