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2� 17��897
<br /> DEED �F TRUST
<br /> �Continu�d� Page 2
<br /> Campli�ncg With En�irvnment�l L�ws. Trustor represents and warrants to Lender that: �1 f During thg p�riod af
<br /> Trustvr's awnership❑f the Property, there has been no use, generation, manufa�ture, storage, treatment, disposal,
<br /> re�ease or threatened releas� of any Hazardous 5ubstance by any person on, under, abaut or from the Property;
<br /> ��� Trustor has no knawledge of, or reasan to belie�e that there has been, except as pre►►iously dis��osed to and
<br /> acknowledged by Lender in writing, �ay any breach ar �iolativn of any En�ironmsntal Laws, [bj any us�,
<br /> g�neration, manufacture, s#�rage, treatment, disposal, release or threatened rgl�ase of any Hazardvus Substance
<br /> on, under, about or from the Property hy any priar owners vr occupants of the Property, vr �cf any actual ar
<br /> threatened litigatian ❑r �la'rms ❑# any kind by any person relating to such matters; and �3f Except as pre�iously
<br /> disclosed tv and acknowiedged by Lender in writing. �ay neither Trustor nor any#enant, contractvr, agent or vther
<br /> authori2ed user o#the Property shall use, generate, manuf�cture, store, treat� dispose a#ar release any Hazardous
<br /> Substance❑n, unde�r, ahout vr from the Property; and {by any such acti�ity shall be conducted in compliance with
<br /> afl applicabls federal, state, and Iocal laws, regulations and ardinances, including without limitation all
<br /> En�ironmentai Laws. Trustvr authvrizes Lender and its agents to enter upon the Proper�y to make such
<br /> inspections and tests, at Trustor's expense, as Lender may de�m apprapriate to dst�rmine compl+ance of #he
<br /> Property with this ss�tion of the �eed af Trust. Any inspections or tests made hy Lender shall be for Lender's
<br /> purposes only and shall nvt he canstrued to�reate any responsibility ar liability�n the part vf Lender to Trustor or
<br /> to any ather person. The r�presentations and warranties contained herein are based on Trustnr's due diligence in
<br /> in�estigating the Property for Hazardous 5ubstances. Trustvr herehy ��y releases end wai►►es any future claims
<br /> against Lender for indemnity or contribution in the e�ent Trustvr becomes iiable for cleanup or ❑ther costs under
<br /> any such laws; and �2f agrees to indemnify, defend, and hold harmless Lender against any and aii ciaims. �asses,
<br /> liabilities,damages, penaities, and expenses which Lender may directly or indirectly sustain or suffer resul#ing from
<br /> a breach of this section of the aeed ❑f Trust or as a consequen�e ❑f any use, generati�n, manufa�ture. starage,
<br /> disposal� release ar threatened release occurring prior to Trus#or's awnership vr interest in the Property, whether or
<br /> not the same was or should ha►►e been known to Trustar. The pro�isions of this s�ction of the Deed of Trust�
<br /> including the vhiiga#ion tv indemnily and defend. shall sur�i�e the payment of the Indebtedness and the satisfaction
<br /> and recon�eyance vf the lien vf this Deed of Trust and shall not be affected hy Lender's acquisition of any interest
<br /> in the Praperty, whether by foreclosure or otherwise.
<br /> Nuisance. Vllas#s. Trustor shall nat cause, conduct or permit any nuisance nor �ammit, permit, or suffer any
<br /> stripping of or waste vn or tv the Property or any pvrtion vf the Property. Without limiting the gen�rali�y af the
<br /> faregaing. Trustor will nvt remv�e, or grant to any other party the right to remo�e, any timber, minerals �including
<br /> vil and g�sf, coal,c�ay, scoria, soil,gra�sl or rvck products without Lender's priar written cansent.
<br /> Remo►►al of Impra�ements. Trustor shall not demolish or remo�e any Impro��ments from the Real Property without
<br /> Lender's prior wr�tten cvnsent. As a canditian to th�rgmo�al v#any Impro�ements, Lender may require Trustar to
<br /> make arrangements satis#actary ta Lender to replace such Impro�ements with Impro�ements af at least equal
<br /> �alue.
<br /> Lender's Right to Enter. Lender �nd Lender's egents and representa#E�es may enter upon the Reai Property at all
<br /> reasonable times �o attend to Lender's interests and tv inspect the Rsal Property far purposes vf Trustvr's
<br /> compl�ance with the terms and conditions o�this Deed of Trus�.
<br /> Compiience wrth Gv�arnmsntai Requirsmants. Trustor shall promptly comply with all laws, ordinances. and
<br /> regulations. now vr hereafter in effect. of all go�ernmental autharities appl+cabie #v the use or occupancy of the
<br /> Property, including without limitation, the Ame�i�ans 1Ni#h Disabilities Act. Trustor may cantest in gafld #aith any
<br /> such iaw, vrdinance, ar reguiatian and withhold cvmpliance during any prviceeding, including appropri�te appeals,
<br /> so Iong as Trustar has notified Lender in writing prior to doing sa and sv tong as, in Lender's sole opinion, Lender's
<br /> interests in the Property ar� not jevpardized. Lender m�y require Trustar to post adequate security or a surety
<br /> band, reasvnably satis#actary ta Lender, to pr�tect Lender's interest.
<br /> Duty tv Protact. Trust�r agrees n�ither to abandon or lea�e una#tended the Property. Trustor shall do ell other
<br /> acts, in addition to those acts set forth aba�e in this se�tion, which from the�hara�ter and use vf the P�vpsrty are
<br /> reason�b�y ne�essary�o protect and preser�e ths Property.
<br /> DUE�N SALE-C�NSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured by this Deed o�Trust upon the sal�vr trans�er, w+thout Lender's prior written cvns�nt, af ali or any part of the
<br /> Rea! Property, ar any in#�rest�n the Real Property. A "sale or transfer" means the con�eyance of#�eal Property or any
<br /> right, title ❑r interest in the Real Property; whether legal, b�ne#icia! ar equttable; whether �oluntary or in�oluntary;
<br /> whether by vutright sale, deed, installment saie contract, land contract, contract for deed, ieasehold �nterest wi#h a
<br /> term greater than three �3j years� lease-vption cantract, or by sel�, assignment, or transfer of any beneficial interest in
<br /> or to any land trust hoiding t�#le tv the Real Property, or by any other methvd of cvn�eyance of an interest in the Real
<br /> Praperty. Hvwe�er, this optian sha�� nvt be exercised by Lender if su�h exercEse is prohibit�d by federal law or by
<br /> Nebraska�aw.
<br /> TAXES ANL7 LIENS. The �ollowing pro�isi�ns re�ating t❑ the #axes and liens on the Prop�rty are part of this Deed of
<br /> Trus#:
<br /> Paymsnt. Trustor shal! pay when due {and in all e�ents prior to delinquencyf all taxes, spscial taxes, assessments,
<br /> charges �includ�ng w�ter and sewery, fines �nd impasitions le�ied against a�on a�count vf the Property, and shall
<br /> pay when due al! claims for work dvne on vr for ser�ices rendered vr material furnished to the Prop�rty. Trustor
<br /> shall maintain the Property free of all liens ha�ing priority o�er or equaE to the interest of Lender under this Deed of
<br /> Trust. except far the lien of taxes and assessments not due and �xcept as otherwise prv�ided in this Deed of
<br /> Trust.
<br /> Right to�ontest. Trustvr m�y withhold payment❑f any tax, assessment, or claim in connection with a good�aith
<br /> dispute v�er the abligation to p�y. sv long as Lender's interest in the Property is nvt jeopardized. If a lien arises vr
<br /> is filed as a result ❑f nonpayment, Trustor shall within fift�en �15f days after the iien arises ar, if a i�en is filed,
<br /> within fifteen �15f days aft�r Trustar has notice vf the filing, secure the discharge of the lien, or �f requested by
<br /> Lender, deposit with Lender cash ar a sufficient corporate surety bond or other security satisfactory ta Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys' fess, or other�harges that could accrue as a
<br /> result o#a fvreclosure or s�le under the I+en. in any con�est,Trustvr shall defend itself and Lender and sha��satisfy
<br /> any ad��rse judgment befor�enfor�ement against the Property. Trustor shail name Lender as an additione!ahligee
<br /> under any surety bond furnished�n the contest p�oceedings.
<br /> E�idence of Payment. Trustor sha11 upon dam�nd #urnish to Lender satisfaCtory e�idence vf payment af the taxes
<br /> or assessments and shal� auth�rize the apprvpriate gv�ernmental official t� deii�er ta Lender at any time a wri#ten
<br /> statement of the taxes and assessments against the Property.
<br /> Noti�e vf Construction. Trustor shall notify Lender at least fift�en t 15y days be�or� any work is cvmmenced, any
<br /> ser�ices are furnished, or any materials are suppiied ta the Property, if any mechani�'s li�n, materialmen's lien, or
<br /> �ther I�en could be asserted on account of the work, ser�ices� ar materials. Trustor will upvn request of Lender
<br /> furnish tv Lender ad�ance assurances satisfactory tv Lender that Trustor can and wili pay the �vst of such
<br /> impro�ements.
<br /> PRDPERTY DAMAGE lNSURANCE. The following pro�isions relating ta insuring the �raperty are a part of this Deed of
<br /> Trust.
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