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2� 1 ��8284
<br /> DEED �F TRUST
<br /> �Cantinu�d� Page 2
<br /> Campli�nce With En►►ironmental Laws. Trustor repres�nts and warrants to Lender that: �1 y During the periad of
<br /> Trustor's ownership of the Property, there has been na use, generation, manu�acture, starage, treatment, disposal,
<br /> release vr threatened release vf any Hazardous Substance hy any person on, under, ab�ut or from the Prop�rty;
<br /> �2� Trustor has no knawledge af, ar reason to belie�e that there has heen, ex�ept as pre�iausly disclosed to and
<br /> acknawledged by Lender in writing, �ay any breach or �ivla#ion af any En�ironmental Laws, �by any use,
<br /> generation, manufa�ture, starage, treatment, disposal, release or threatened releas� of any Hazardous Substance
<br /> on, under, abvut or fram �he Property by any prior owners or occupants of th� Prvperty, or {cy any actual or
<br /> threatened iitigation vr claims of any kind by any person relating to such mat#ers; and �3f Ex�ept as pre�iously
<br /> d�sclvsed�o and a�knowledged by Lender in writing. ta� neither Trustor nvr any tenant, �ontractvr. agent❑r vther
<br /> authorized user of the Property shall use, generate� manufa�ture, stor�� treat, dispose of or release any Hazardous
<br /> 5ubstance an, under, about vr#rom the Property; and �bf any such acti�ity shall be c�nducted in�ompliance with
<br /> all applicable federal, state, and lacal laws, regu�ations and ordinances, including without limitation all
<br /> En�iranmsnta� Laws. Trustor authorizes Lender and its agents tv �nter upvn the Property tv make such
<br /> inspe�tions and tests. a# Trustor's exp�nse. as Lender may deem appropriate to determin� campliance �f the
<br /> Property with this section ❑f the Deed o# Trust. Any inspect�ons or tests mad� �y Lender shall he #or Lender's
<br /> purposes only and shall not be canstrued to create any responsibility or liability on the part vf Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are based vn Trus#vr's due diligence in
<br /> in�estigating the Property for Hazardous Substances. Trustor hereby �1� releases and wai�es any future claims
<br /> against Lender �or indemnity or contribution in the e►►ent Trustor becames fiable far c�eanup or other costs under
<br /> any such laws; and t2y agrees to indsmnify, defend, and hoid harmless Lender against any and all �laims, Iosses,
<br /> iiabil�ties, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer result'rng from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation. manu#acture, starage�
<br /> disposal, release or th�eatened release occurring prior t❑Trustar's vwnership ar interest in the Property, whether or
<br /> not the same was or shvuld ha�e besn knvwn to Trustor. The pro�isivns of this sectian of the Deed of Trust,
<br /> includ�ng the abligativn t❑indemniiy and defend, shall sur�i�e the payment of the Indebtedness and the satisfaction
<br /> and recon�eyance vf the lien o#this Deed of Trust and sha�l not lae affected by Lender's acquisition of any interest
<br /> in the Property, whether by foreclvsure or otherwise.
<br /> Nuisance. W�ste. Trustor shall not cause, conduct ❑r permEt any nuisance nor cammit, permit, or suffer any
<br /> stripping of or waste on ❑r to the Property or any portion ❑f the Property. INi#hout limiting th� gen�rality of the
<br /> faregoing, Trustar will not remv�e, �r grant to any other party the right ta remo�e, any tim�er, minerals �inc�uding
<br /> oil and gasf, coa�. clay, scvria, sail, gra�el❑r rvck prvducts without Lender's prior written cvnsent.
<br /> Remo�al of Impro�ements. Trustvr shall n�t demolish or remo�e any Impro�ements�ram the Real Property with�ut
<br /> Lender's prior written consent. As a conditivn to the remo�a�of any Imprv�ements, Lender may require Trustor to
<br /> make arrangements satisfa�tory to Lender to replace su�h impro�em�n#s with Impra�ements �� at least equal
<br /> �alue.
<br /> Lender's Right tv Enter. Lender and Lender's agents and representati►►es may enter upvn the Reai Property at all
<br /> reasonable times tv attend t� Lender's interests and ta inspect the Real Property for purposes of Trustor's
<br /> campliance with the terms and conditions of this Deed vf Trust.
<br /> Campliance wrth Go�ernmen#al Requirements. Trustvr shall promptly comply with all laws. ordinances, and
<br /> regulations. now ar hereafter in effgct, �� a!I go�ernmental authorities applicak��e #� the use or �ccupancy of the
<br /> Property, including without limitation, the Americans Vllith Disabilities Act. Trus�or may contest in gavd faith any
<br /> such 1aw, ord�nance, or regufation and withhold compliance during any proceeding, incfuding appropriate appeals,
<br /> so long as Trustor has notified Lender�n writing privr tv daing so and so Iong as, in Lender`s svle�pinion, Lender's
<br /> interests in the Property are nnt jeapardized. Lender may require Trust�r to post adequate security or a surety
<br /> bond, reasonably sat�sfactory tv Lender, t�prote�t Lender's in#erest.
<br /> Duty tv Prote�t. Trustor agrees neither to abandon or lea�e unattended th� Property. Trustor shall do all other
<br /> 8Ct5, in additi�n tv those acts set forth ab��e in this secti�n, which from the�harac�er and use of the Property are
<br /> reasonably necessary to pratect and preser��the Property.
<br /> Construction Loan. If some vr all af the proceeds❑f the Ivan crsating the Indehtedness are tv be used t❑construct
<br /> or complete construction vf any Impro�ements vn the P�operty, the Impra�ements sha#f be campleted nv I�#er than
<br /> the maturity date of the Note �vr such earlier date as Lender may reasonably establishy and Trus�or shall pay in full
<br /> a�� costs and expenses in connectian with the wark. Lender will disburse laan prvc�eds under such terms and
<br /> conditions as Lender may deem reasonably necessary#o insure that the interest created by this Deed vf Trust shall
<br /> ha�e priarity❑�er all possibl�liens, including those af material suppliers and workmen. Lender may require, among
<br /> ather things, that disbursement requests be supparted hy receipted bills, expense affida�its, wai�ers of liens,
<br /> construction progress reports, and such other documentation as Lender may reasonably request.
<br /> �UE�N SALE-C�NSENT BY LENDER. Lender may, at Lender's option, declare immediately du�and payable all sums
<br /> secursd by this Deed of Trust upon the sale ar transfer, withaut Lender's prior written cansent, of al�ar any par#of the
<br /> R�al Property, or any interest in the Real Property. A "sale or transfer" means the con�eyan�e of Reai Property or any
<br /> right, title or intsrest in the Fieal Prvperty; whether legaf, heneficial ❑r equ�table; whether ►►oluntary or in�aluntary;
<br /> whether hy outright sale, deed, installment sale cvntract, land contraGt, contrac� for de�d, leasehold inter�st with a
<br /> term greater th�n three �3f years, lease-option contra�t, �r hy sale, assignment, ar transfer a# any beneficial interest in
<br /> vr to any iand trust holding title to the Real Pr�perty, or by any vther method of �an�eyance vf an interest in the Real
<br /> Property. if any Trustor is a carpvration. partnership or limited liability company, transfer also includes any change in
<br /> ❑wnership of m�re than twenty-fi�e percent t259�j af#he►►ating stock, partnership interests or limited liability company
<br /> inte�ests. as the case may he. af such Trustvr. Hvwe�er, this option shall no# he exercised by Lend�r if such exercise
<br /> is prohihited by federal law or by Nebraska law.
<br /> TAXES AND LIENS. The follvwing prv�isivns relating to the tax�s and liens on the Property are part af this Deed o�
<br /> Trust:
<br /> Payment. Trustor shai� pay when due �and in all e�ents privr to delinquency� a�!taxes, special tax�s, assessments,
<br /> charges �including water and sewery, fines and impositions fe�ied against or on accvunt of the Property, and shall
<br /> pay when due all �laims fvr work done on vr for ser�ices rendered ar material furnished to the Praperty. Trustor
<br /> shall maintain the Property��s�of ail liens ha�ing priority a�er�r equal to the in#erest o#Lender under this Deed of
<br /> Trust, except for the lisn of taxes and assessments nvt due and ex�ept as atherwise pro�ided in this Deed of
<br /> Trust.
<br /> Right to Contest. Trustor rnay withhald paym�nt vf any tax, ass�ssment. or claim in connectivn with a good faith
<br /> dispute o►►er the obligation to pay, sa long as Lender's interest in the Propsrty is not jeopardized. I�a lign arises or
<br /> is filed as a result o# nanpayment. Trustor shall within fifteen �15y days a#ter #he lien arises ❑r, if � lien is filed�
<br /> within fifteen �15f days after Trustor has notice of the filing� secure the discharge a� the I�en, or if requested by
<br /> Lender,deposit with Lender cash ar a sufficient corporate surety bond vr other sg�urity satisfactory to Lender in an
<br /> amount suffi�ient tv discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result vf a foreclosure or sale under#h�lien. I n any�ontest, Trustor shall defend itself and Lender and shall sa�is#y
<br /> any ad�erse judgment before enforcement against the Property. T�ustor shall name Lend�r as an addi#ivnal vbligee
<br /> under any surety bond furnished in the contest pr�ceedings.
<br /> E�idence of Payment, Trustor shall upon demand furnish to Lender satisfactory e�idence vf payment of the taxes
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