|
2� 17� 1 � 17
<br /> DEED �F TRUST
<br /> tContinued� Page 2
<br /> disclosed ta and acknvwledged hy Lender in writing, �af neither Trustar nar any#�nant, �ont�actor, agent or other
<br /> authorized user of the Property shall use, generate. manufa�#ure, store, treat� dispvse o#or release any Hazardous
<br /> 5ubstance on, under. about or frvm the Property; and �by any su�h acti�ity shall be conducted in cvmpliance with
<br /> ali appiicah�e federal. state, and Iv�al laws. regulations and ordinan�es, including without limitation all
<br /> En�ironmenta# Laws. Trustvr authorizes Lender and i�s agents t� enter upon the Property ta make such
<br /> inspecti�ns and tests. a� Trustvr's expense, as Lender may deem apprvpriate to determine compliance of the
<br /> Property with this section of the ❑eed of Trust. Any inspe�tivns or tests made by Lender shal� be for Lender's
<br /> purpases only and shall not be construed to create any responsibility �r iiab���ty an the part of Lender to Trus#or or
<br /> ta any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> in�estigating the Prvperty for Hazardous Substances. Trustor he�ehy �1 y releases and wai�ss any future claims
<br /> against Lend�r for indemnity or contributivn in the e�ent Trustor hecomes liable for cleanup or other costs under
<br /> any su�h laws; and ��} agrees to indemni#y, defend, and hold harmless Lender against any and a�i claims, Ivsses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain vr suffer resufting frvm
<br /> a breach of this sec#ion of the Deed af Trust or as a cans�quQnce of any use, generation, manufacture, stvrage.
<br /> disposa�, release❑r thr�atened release o�curring priar ta Trustvr's vwnership or interest in the Proper#y. whether ar
<br /> nat the same was vr should ha�e been knvwn tv Trustor. The pra��sians of this secti�n of the Deed of Trust.
<br /> including the obligation to indemnify and defend, shall sur���e the payment of the Indebtedness and the satisfactivn
<br /> and recvn�eyance o#the lien of this Deed of Trus�and shal� not be a#fe�ted by Lender's a�quisi#ion o#any interest
<br /> in the Prvperty, whethsr hy#oreclosure vr otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nar commit, permit, or su#�er any
<br /> stripping of or waste on or to the Prvperty or any portion of the Prvperty. Without �imiting the generality af the
<br /> fvregoing� Trustor will not remo�e, or grant to any vther party the right to remo�e, any timber, minerals tincluding
<br /> oil and gasy, coal, clay, scoria, sail, gra�e�or rvck products without Lender's�rior written consent.
<br /> Rer�rrv�a!of fmprv�ements. Trustor shall not demolish vr remo�e any Impro�ements from�he Fieal Property withaut
<br /> Lender's prior written consen�. As a c�ndition to the remo�al of any Impr��em�nts, Lender may requi�e Trustor to
<br /> make arrangements sat�sfactory to Lender tv rep�ace su�h Impro�ements with Impro�emsnts of at least equal
<br /> �aiue.
<br /> Lendar's Righ#ta Enter. Lender and Lender's agents and representati�es may en�er upon �he �eal Pr�perty at all
<br /> reasonable times �o at�end to Lender's interests and to inspect the Real Property for purpvses vf TrustQr's
<br /> compliance with the terms and conditivns of this Deed of Trust.
<br /> Compliance with Gor►ernmentel Requirements. Trustor shall promptly comply with all laws. vrdinances, and
<br /> reguiations, naw or hereafter in effe�t, of aff go�ernmental authvrities applicable to the use or ❑ccupancy of the
<br /> Property� including wi#haut limitativn, the Am�ricans With Disabilities Act. Trustor may contest in g��d faith any
<br /> such law. �rdinan�e, or regulativn and withhold compliance during any proceeding. including apprapriate appeals,
<br /> so long as Trustor has notified Lender in writing prior to doin�so and so Iong as, in Lender's sole op�nion, Lender's
<br /> interssts in the Property are nvt jeopardized. Lender may require Trustor #❑ post adequate security vr a surety
<br /> bond� reasonably sa#isfac#ary to Lender,to protect Lender's interest.
<br /> Du�y to Protact. Trustor agrees neither to abandon vr lea�e unattended the Pr�perty. Trustor shall do all other
<br /> a�ts, in addition to those acts set fvrth aho�e in this se�tion, which frvm the character and use of the Property are
<br /> reas�na�ly necessary to protect and preser�e the Prvperty.
<br /> DUE aN SALE-C�NSENT BY LENDER. Lender may, at Lender's option, decfare immediately due and payable all sums
<br /> s�cured by this De�d o#Trust upon the sale vr transfer, withaut Lender's prior written�ansent, of all or any part�f the
<br /> Fiea! Property� ❑r any interest in the Real Proper#y. A "sale or transfer" means the con�eyance of Reaf Property or any
<br /> right. title or in#erest in the Rea� Praperty; whether �egal, beneficial �r equitable; whe#her �oluntary or in�aluntary;
<br /> whether by vutright sale, deed, installment saie cvntract, land cantract, contract for deed, leasehold interest with a
<br /> term great�r than three t3y years, lease-optivn con#ract, or by sale, assignment, or transfer af any heneficial int�rest �n
<br /> or tv any land trust hvlding title to the #�eal Property, or hy any other method of cvn�eyan�e �f an in�erest in the Real
<br /> Praperty. Howe�er. this aption shall nvt he exercised by L�nder if such exer�is� is prohibited by fsderai law or by
<br /> Nehraska law.
<br /> TAXES AND L�ENS. The following pra�isivns relating ta the taxes and liens ❑n the Property are part of this ❑eed of
<br /> Trust:
<br /> Payr�nen#. Trustor shaii pay when due �and in �II e�ents priar to de�inquency} all taxes, spe�ial taxes. assessments,
<br /> charges �including wa#�r and seweri. fines and impvsitions le�ied against or on acc�unt of the Praperty. and shall
<br /> pay when due all claims for wark done on or for ser�ices rendered ❑r material furnish�d #o the Proper�y. Trustor
<br /> shall maintain the Property free of all liens ha�ing priori#y a�er❑r equal to the interest of Lender under�his Deed of
<br /> Trust, except for the lien af taxes and assessments not due and except as otherwis� pro�'rded in this Deed ❑#
<br /> Trust.
<br /> Right ta Contest. Trustor may withhold paymen#of any tax, assessm�nt, or claim in connect�on with a good #aith
<br /> dispute o�er the ahligatian to pay, sv Ivng as Lender's interest in#he Property is not jeopardized. I#a lien arises or
<br /> is fiied as a r�sult vf nonpayment, Trustor shalf within fifteen �15y days after the I�en arises or. if a lien is filed,
<br /> within fif#een �15� days after Trustvr has nvtice vf the filing, secure the discharge of the lisn, or if requested hy
<br /> Lender, deposit with Lender cash or a suf#icient corpvrate surety bond vr other security satisfactory to Lender in an
<br /> amount sufficien#to discharge the lien plus any costs and attorneys' fees, or❑ther charges that coufd accrue as a
<br /> result❑f a foreclasure or sale under the�i�n. In any contest,Tfustor shall defend itself and Lendef and shall satisfy
<br /> any ad�erse judgment hefare enfor�ement aga�nst the Property. Trustar shall name Lender as an additionai❑bligee
<br /> under any surety bond furnished�n the contest proceedings.
<br /> E�idence of Peyment. Trustvr shall upvn demand furnish to Lender satis�a�tory e�idence of payment of#he taxes
<br /> ar assessments and shall auth�rize the appropriate g��ernmental offi�ial tv deli�er tv Lender at any time a vr►ritten
<br /> statement�f the taxes and asssssments against the Property.
<br /> Notice af Construction. Trustar shall nat'rfy Lender at least fifteen �15y days befor� any work is �vmmenced, any
<br /> s�r�ic�s are furnished. or any materials are supplied to the Property, if any mechanic's lien. materialmen's lien, or
<br /> ather lien could be assert�d on a�cvunt a� the work, ser�ices, or materials. Trustor will upvn request of Lender
<br /> furnish to Lender ad�ance assurances satisfactvey to Lender that Trustor can and wilf pay the �vst ❑f su�h
<br /> imprv�ements.
<br /> PR�PERTY DAl1AAGE INSURANCE. Th� �ollowing pro�isi�ns relating t❑ insuring the Prvper#y are a part of this Deed o#
<br /> Trust.
<br /> Maintsnen�e o# Insuran�e. Trustor shall pro�ure and maintain pali�ies of fire insurance with standard extended
<br /> co�erage endorsements on a repfacemsnt basis for the full insurable �alu� ca�er�ng all Impro�ements on the Real
<br /> Property in an amount suffi�ient to a�vid application of any cvinsurance clause, and with a standard mortgagee
<br /> clause in fa�vr vf Lender. Trustvr shall also procure and maintain�omprehensi�e gen�ra� liabiiity insurance in such
<br /> co�erage amvunts as Lender may requsst with Trustes and Lender being named as additi�na� insureds in such
<br /> liahility insurance pt�iicies. Additionally, Trustor shall maintain such other insurance, including but n�t limited tv
<br /> hazard, #�us�ness interruptivn, end bviler insurance� as Lender may reasanably require. Po�icies shall be written in
<br /> form, amvunts, cv►►erages and basis reasvnahly acc�ptable to Lender and issued by a company ❑r �ompanies
<br />
|