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2� 17���9�
<br /> DEED �F TRUST
<br /> {Cont�nued� p�,�e �
<br /> Trustar's ownership o##he Property, there has been no use, generation, manufa�ture, storage, treatment, disposal,
<br /> r�lease or thr�atened reiease of any Hazard�us 5ubstance hy any person on, under, abvut ar from the Property;
<br /> �2y Trustvr has no knvwl�dge of, or reasvn tv b�li��e that there has heen, except as pre�iously disclossd to and
<br /> ackn�wledged by Lender in writing, �af any �reach or �ivlation o# any En�ironmental Laws, �b� any use,
<br /> generation, manufacture� storage� treatment, disposal, releas� �r threatened release vf any Hazardvus Substance
<br /> on, under, about ❑r f�om the Praperty by any priar owners ar oc�upants o� the Praperty, or �c� any a�tual ar
<br /> th�eatened litigati�n or claims of any kind by any person relating to such matters; and �3f Except as pre�iousiy
<br /> disclvsed to and acknowledged by Lender in writing, �a� neither Trustvr nvr any tenant, contract�r. agent or other
<br /> authorized user of the Prvperty shall use, g�nerate, manufacture, stvre, treat, dispose o#o��eiease any Hazardous
<br /> 5uhstance on, under, about or#rvm the Property; and �h� any such acti�ity shall he conducted in complian�e with
<br /> ali applicabie #ederal, state, and local laws, regul�tians and ordinances. including withvut limitation a!!
<br /> En�ironmenta� Laws. Trustar authorizes Lender and its agents to enter upon #he Property to make such
<br /> inspections and tests, at Trustvr's expense. as Lender may deem appropriate to determine �vmpliance vf the
<br /> Propgr#y with this section vf the Deed of Trust. Any insp�ctions or tests made by Lendsr shall be fvr Lender's
<br /> purp�ses only and shall nvt be construed to create any responsibility❑r liability an th� part of Lender t❑Trustor ar
<br /> t❑ any ather persvn. Th� r�presentativns and warranties cvntained herein are based on Trus�or's due diligence in
<br /> in�estigating the Property �vr Hazardous 5ubstances. Trustor hereby t 1 f releases and wai�es any future claims
<br /> aga�nst Lender #vr indemnity ar cantribu#ion in #he e�ent Trustor becvmes liahle for cleanup �r other cos#s under
<br /> any such laws; and t�y agrees tv indemnify, defend, and hold harmless Lender against any and ali claims, lasses,
<br /> liabilities,damages, penaltiss, and expenses which Lender may dire�tly ar indirectly sustain ar suffer resufting from
<br /> a breach of this section a�the D�ed of Trust ar as a cvnsequence ❑f any use, generation, manufac#ure, stvrage,
<br /> dispvsal, release❑r threatened release accurring prior to Trustor's ownership ar interest in the Prop�rty, whether or
<br /> not the same was vr should h��e b�en known to Trustor. The pro�isions �f this section of the Deed ❑f Trust,
<br /> inc�uding the obligation to indemnify and defend�shail sur�i�e�he paymen#of the Indebtedness and the satisfaction
<br /> and recvn�eyance af the lien of this Deed of Trust and sha11 not be a#fect�d by Lsnder`s acquis�tion of any interest
<br /> in the Prvperty, whether by foreclosure or otherwise.
<br /> Nuisance. Vllaste. Trustor shall nat ceuse, canduct or permit any nuisan�e nor commit, permit, or su##er any
<br /> s�ripping of or waste on or#o �he Property vr �ny portion vf the Prvperty. Without �imiting the generality o#the
<br /> fvregving, Trustvr will nat remo�e, or grant to any other party the right to remo�e, any t�mber, minerals {inc�uding
<br /> oil and gasy, coal, clay, scoria, svi�, gra�ei or rock products without Lender's prior wr�tten consent.
<br /> Remo�ei of Impro�ements. Trustor sha�l nvt demolish ar rem��e any Impro�ements from the Real Property w�thout
<br /> Lender's prior written c�nsent. As a conditivn to the removal❑f any Impra�emen#s� L�nder may require T�ust�r tv
<br /> make ar�angements satisfactory ta L�nder to replace su�h Impro�ements with Impro�ements nf at feast equal
<br /> �alue.
<br /> Lender's Right to Enter. Lender �nd Lender's agents and representat�►►es may enter upon the Real Property at a�l
<br /> reasonabie times #a attend to Lender`s interests and #v inspect #he Real Praper#y fvr purpases vf Trustor's
<br /> compliance with the terms and canditions o#this Deed af Trust.
<br /> Compliance with Co�ernmental Raquirsments. Trustv� shall prompt�y camp�y with all laws, vrdinances, and
<br /> ragu�a�ians, now or here�fter in effect, of a!I go�ernmental author�ties applicable to the uss �r occupancy of the
<br /> Property, in�luding withvut iim�tativn, the Americans Vllith ❑isab�itties Act. Trustor may contest in good #aith any
<br /> such law, ordinan�e, or r�gulation and withhold cvmplianc� dur�ng any proceeding, inc�uding appropria�e appeals,
<br /> sv long as Trustor has notified Lender in writing prior to dving.so and so long as, in Lender's sol�opinian, Lender's
<br /> interests in the Prvperty are not jeopardized. Lender may require Trustar ta post adequa#e sQ�urity or a surety
<br /> bond, reasanably satisfact�ry to Lend�r�tv protect Lender's inter�st.
<br /> Du#y to Protect. Trustar agrees neEther ta abandan ar I�a�e una#tended the Prvperty. Trustor shal! da all vther
<br /> acts, in addition�o those acts set#arth abo�e in this section, which from the chara�ter and use of the Property are
<br /> reasonably necessary ta protect and prsser�e the Property.
<br /> �onstruction Loan. If some or ali o�the proc�eds of the Ioan creating the Indehtedness are to be used to cvns#ruct
<br /> or complete construction a#any impro�ements on the Property,the Impro�ements shall be cvmplsted no later than
<br /> the maturity date o�the Note �or such e�r�ier date as L�nder may reasonably establishy and Trustor shall pay in full
<br /> all CU5�5 and expenses in conne�tion with the work. Lender will disburse loan proceeds under such terms and
<br /> condi�ions as Lender may deem reasonahly necessary ta insure that the interest�re�ted by this Deed vf Trust shall
<br /> ha�e priority o�er all pvssible liens. in�luding thase of material suppliers and workm�n. Lender rr�ay r�quire, amang
<br /> �ther things. that disbu�sement requests he supported by re�eipted bills, expense affida►►its, wai�ers of �iens,
<br /> cvnstruction progress reports. and such other documentation as Lender may rsasonahly request.
<br /> DUE�N SALE-C�IVSENT 6Y LENDER. Lender may, at Lender's vptivn, declare immedietely due and payable aE!sums
<br /> secured by this Deed of Trust upon the sale or#�ansfer, without Lender's priar written consent, of all or any part❑f the
<br /> Real Property, or any interest in the Real Prope�ty. A "sale vr transfer" means the con�eyance �f Real Prop�rty or any
<br /> right, title or interest in the Real Prop�rty; whethe� leg�l, �eneficial or equita�le; whether �oluntary or in�oluntary;
<br /> whether by outright sale, deed, inst�llment sa�e contract, land contract, �ontract for deed, �easehold interest with a
<br /> term greater than three �3f ye�rs, lease-option cvntra�t, or by sale, assignm�nt, vr transfer vf any k�eneficial intgr�st in
<br /> or to any land �rust holdfng title ta the Reel Property, or hy any vther method of con�eyance of an interest in the Real
<br /> Property. ff any Trustvr is a corparation, pertnership or limited li�bility cvmpany, transfer als❑ includes any �hange in
<br /> awnership of more than twenty-fi�e percent �259�a� of the�oting stock, partnership interests or limited li�bility company
<br /> interests, as the case may be, of such Trustor. Howe�er, thEs optian shall no� be exercised by Lender if such exsrcise
<br /> is prohibited by#ederal iaw ar by Nebraska law.
<br /> TAXES AND LIENS. The following prv�isions relating to the taxes and liens vn the Property are p�rt of this Deed of
<br /> Trust:
<br /> Paymsn#. Trustor shall pay when due �and in a�l e�ents prior to delinquen�yj al�taxes, speciai taxes� assessments,
<br /> charges �including water and sewerf, fines and impvsitions le�ied against�r�n account of the Property, and shall
<br /> pay when due all claims for wark done vn ar far senrices rendered or materiai furnished to the Property. Trustor
<br /> shall maintain the Praperty free vf all liens ha�ing privrity o�er vr equal to the interest❑f Lgndsr unde�this D�ed of
<br /> Trust, ex�ept far th� IiQn of taxes and assessments nat due and except as otherwise pr��ided in this Deed vf
<br /> Trust.
<br /> Fiight to Contes#. Trustor may withho�d payment�f any tax, assessment, or claim in connection with a good �aith
<br /> dispute o�er the obiigation t❑pay, sv long as Lender's inter�st in th� Property is not jeapardized. I#a I�en ar�ses vr
<br /> �s #iled as a resuit o� nonpayment, Trustvr shall within fifteen �1 ay days after the lien arises or, i# a lien is filed,
<br /> within fifteen t 15f days after Trustor has notice vf the filing. se�ure the discharge of #he lien, or i� request�d by
<br /> Lender, deposit with Lender cash or a sufficient corpvrate surety band or other security satisfactory to Lender in�n
<br /> amount sufficient tv discharge the lien plus any cvsts and attvrneys' f�es, or other�harges�h�t couid accru� as a
<br /> resu�t vf a fvreclosure or sale under the lisn. In any contest,Trus#or shali defend itself and Lender and shall satisfy
<br /> any ad�erse judgment before en�orcement against the Prnperty. Trustar shall name Lender as an additional ahl�gee
<br /> under any surety bond furnished in the contest proceedings.
<br /> E�idence of Paymen#. Trustor shall upan demand furnish tv Lender satisf�ctory a�idence of p�yment of the taxes
<br /> ar�ssessments and shall au#harize the appropriate go�ernm�ntai official to deli�er to Lender at any time a wr�tten
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