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2� 17��77�
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<br /> �EEv oF TRus-r
<br /> ��ontinued� Page �
<br /> repla�ements, and maint�nance necessary'tv preser�e its�atue.
<br /> Complian�e With En�ironmental Laws. Trustor repres�nts and warrants t❑ Lender that; �1 y �uring the period af
<br /> Trustor's vwnership o#�he Property,thgre has been no use, genera#ivn, manufacture, stvrage,treatment, disp�sal,
<br /> release ar threatened releas� of any Ha�ardous 5ubstance hy any pers�n vn, under, abou� �r trom the Property;
<br /> (2y Trustor has no knowledge of, ar reason to b�lie�e that there has been, except as pre�ivusly dis�lvsed to and
<br /> acknowledged by Lender in writing, �a� any br�ach or vivlation ❑f any En�irvnmental Laws, [b� any use,
<br /> g�neration, manufacture, starage, treatment, disposal, refease vr threatened release af any Hazardous Su�astance
<br /> vn, under, abvut or frvm the Prvperty by any prior owners or occupan�s af #he Property, or �c} any a�tua� ❑r
<br /> threatened litigativn or claims of any kind by any persvn re�ating to such rnatters; and t3f Except as pr�►►iously
<br /> disclosed to and acknowledged by Lender in writing, �ay neither Trustoc nor any tenant, contractor, agent❑r other
<br /> authorized user af the Property shall use, generate, manufacture, store,treat, dispose of or release any Hazardous
<br /> S�bstance vn, under, abvu#or f�om the Property; and �by any such activity shall be conducted in compliance with
<br /> all appficabie federal, state, and Io�al laws. �egulations and ❑rdinances, including withaut iimitation all
<br /> En�ironmental Laws. Trustor authvrizss Lender and its agents to enter upon the Property ta make such
<br /> inspectians and tests, at Trustor's expense, as Lender may de�m appropriate to determine eam�lian�e ot �he
<br /> Praperty with this sec#ion v# the Deed of Trust. Any inspe�tivns or tests made by Lender shall be fvr Lender's
<br /> purposes vnly and shall not be �vnstrued to creat� any responsibility or liabi��ty on the part of Lender t❑Trustor or
<br /> ta any vther person. The representations and warranties contained herein are based ❑n Trustor's due di#igence in
<br /> in�estigating the Property for Hazardous Substances. Trustar hereby �1 y releases and wai�es any future claims
<br /> against Lender for indernnity vr �ont�ibution in the e�ent Trustor becomes liable for cleanup vr other costs under
<br /> any such laws; and R�y agrees tv�ndemnify, defend, and hald harm�sss Lender against any and all clairns, ID55�S�
<br /> liabilities, damages, penalties, and expenses whiCh Lender may dirsctly or indirectly sustain ar suffer resuiting from
<br /> a breach vt this se�tivn of the Deed o�Trust or as a cvnsequence of any use, generativn, manufacture, stvrage,
<br /> disposal, release or thr�atened release occurring prior to Trustar`s ownershtp vr interest in the Property� whether or
<br /> not the same was or should ha�e been knvwn to Trustor. The pro►►isions af this sectivn of the Deed of Trust,
<br /> incfuding the❑bligatian to indemn�fy and defend.shall sur�i�e th�payment af the Inde��edness and the satistaetion
<br /> and re�an�eyance ofi the lien of this ❑eed af Trust and shail not be af�ected by Lender's acquisitivn of any interest
<br /> in the Praperty,wheth�r hy fareclosur�or otherwise.
<br /> Nuis�nce. Waste. Trustor shall not cause, conduct or permit an� nuisance n�r cornmit, permit, or suffer any
<br /> stripping ❑f ❑r waste on or to the Property or any portivn vf the Property. Withvut limiting the generality of the
<br /> foregoing, Trustor wi�i not rernv�e, or grant t❑ any other party the right to remo�e, any timber, minerals �inc�udfng
<br /> oi!and gas�,coal� clay. scor�a, soil,gra�el or rock praducts without Lender's prior written consent.
<br /> Remo�al ot�mprovements. �rusror shall n�t dernvlish or remo�e any Im�ro�ements from the Real Property w�thoui
<br /> Lender's prior written �vnsent. As a conditian ta the rerno�al of anV Impro�ements, Lender may require Trustor to
<br /> rnake arrangements satisfa�tvey tv Lend�r tv replace such tmpr��ements with Impra►►�ments vf at least equa!
<br /> �alue.
<br /> Lender's Right to Enter. Lendsr and Lsnder's agents and representati�es rnay enter upvn the Rea! Prvperty at a�l
<br /> reasonable ti�nes to attend to Lender's interes�s and to �nspect the Real Praper�y for purposes vf Trustor's
<br /> �omplian�e with the terms and cvnditions of this Deed�f Trust.
<br /> Campliance w�th Ga�ernrnental Requirements. Trustor shall promptly cvmply with all laws, vrdinan�es, and
<br /> regulations, now or hereafter in effect, af all go�ernmenta[ autharities appli�able to the use ar Qc�upan�y of the
<br /> Property, including without lirnita#ivn, the Ameri�ans With Disabilities Act. Trustor may contesx in gvod faith any
<br /> suc� law, ordinanee, or regulativn and uvithhvld �ompliance during any proceeding, inc�uding appropriate eppeals,
<br /> sa long as Trustor has notified Lende�in writing prior to doing so and so Ivng as, in Lender's sale opinion, Lender's
<br /> interes�s in the Property are nat jeopardized. Lend�r may require Trust�r to post adequate security or a surety
<br /> band, reasonai�fy satisfactary t�Lender,to p�otect Lender's interest.
<br /> �uty tv Prvtect. Trustor agrees neither t❑ abandon ❑r lea�e unatt�nded the Property. Trustor shall da all other
<br /> acts, in addition ta those aGts s�t�orth abo�e in this section, which tram ihe�haraG�er and use of the Property are
<br /> reasvnably necessary tv protect and preser�e the Property.
<br /> ❑UE�N SALE- CDNSENT BY LENDER. Lender may, a� Lende�'s option, declare immediately due and payable all sums
<br /> seGured by this Deed of Trust upon the safe vr transf�r, without Lender's prior written consent, af all nr any part of the
<br /> Real Prop�rty, vr any interest in the Real Property. A "sale vr�ransfer" means the cvn�eyance of Real Praperty or any
<br /> right, tit�e ar interest in the Real Property; wheth�r legal, h�neficial or equitable: whether �oluntary or in��lunta�y;
<br /> wh�ther by outright sale, deed, installment sale contra�t, land contract, contract far deed, �easshvld in#ersst with a
<br /> terrn greater than three �3} years, lease-optivn contract, ar by sale, assignrnent, ar transfer❑f any heneficial interest in
<br /> ar to any land trust ho�d�ng title to#he Real Prvperty, or by any ather method af�an�eyance of an interest in the Rea�
<br /> Property. I� any Trustvr is a corpo�ation, par�nership❑r limited liahility cvmpany, transfer alsv includes any change in
<br /> ownership�f more than twenty-fi�e perGent[�5°�f o�the �oting stvck, partnership interests vr limited�iability compeny
<br /> inter�sts, as the �ase may be, of such Trustar. Howe�er, this vption shai� nat be exercised k�y Lender if such �xercise
<br /> is p�ohibited by fed�ral law�r by Nebraska law.
<br /> TAICES AND LIENS. The fallvwing pro�isions relating to the taxes and liens on the Prvperty are part �f this i7eed of
<br /> Trust:
<br /> Peyment. Trustor shall pay when due �and in all e�ents priar ta del+nquencyy all taxes. spe�ial tax�s, assessments,
<br /> charges {including water and sewer�, fines and impvs�tivns le��ed against ar vn accaunt o�the Property� and shall
<br /> pay when due all ciaims fvr work dvne vn vr fvr ser�iGes rendered vr rnaterial furnished to the Prvperty. Trustvr
<br /> shall maintain the Prvperty free af alf lisns ha�ing priority a�er or equal to the interest�f Lender under this Deed o�
<br /> Trust, except for the lien vf taxes and assessments nvt due and �x�ept as otherwise provided in this �eed �f
<br /> Trus�.
<br /> Right ta Contest. Trustor rnay withhold payment of any tax, assessment, �r claim in cvnnection with a goad faith
<br /> dispute o�er the obligation to pay, so Iong as Lender's interest in the Prop�rty is not jeopardized. If a lien arises or
<br /> is filed as a result of nvnpayment, Trustar shafl within fifteen t15f days after the iien arises vr, if a lien is �iled,
<br /> within fi#teen �15f days after Trustor has notiCe af the filing, secure the discharge o#the �ien, vr if requested by
<br /> Lender, depasit with Lender cash or a suffi�i�nt corporate surety bond or other security satisfa�tary to Lender in an
<br /> amount sufficient to dis�harge�he lien plus any costs and attorneys' fees, or other charges that could ac�rue as a
<br /> result of a fore�losure or sale under the lien. I n any contest,Trustvr shall defend itse�f and Lender and sha�i satisfy
<br /> any ad�erse judgment before enforcement against the Property. Trustvr shall neme Lender as an additianal obtigee
<br /> under any surety bond furnished in the��ntest proceedings.
<br /> Evidenca of Payment. Trustor shall upon demand furnish to Lender satisfaciary e�iden�e vf payment o�the taxes
<br /> or assessments and shall authorize the appropriat� ga�ernmenta��ffi�ial ta deli�er t� Lender at any time a written
<br /> statement�f th�taxes and assessments against the Property.
<br /> Natice of Construction, Trust�r shall nntify Lender at least fifteen �15f days b�fare any work is cammenced, any
<br /> ser�ices are furnished, or any rnaterials are supplied to the Property, if any mechanic's fien, materialmen's lien, ar
<br /> other lien cvuid be asserted on account of the wo�k, ser�ices. �r materials. Trustor wi�l upon request o# Lender
<br /> furnish to Lender ad�ance assurances �atisfactory to Lende� that Trustor can and will pay the �vst af such
<br /> impro�ements.
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