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2� 17� 1382
<br /> DEED �F TRUST
<br /> �Cantinued� Pa9e 2
<br /> generatian, manufacture� starag�, treatment� disposal, release or threat�ned release of any Hazardous 5ubstance
<br /> on, under, about vr fram the Praperty by any pri�r �wners or occupants o# the Property, or ��f any actua! vr
<br /> threatened litigat�on or claims of any kind hy any person relating tv such ma�ters; and �3� Except as pre�iously
<br /> disclosed ta and acknowlgdged by Lender in writing, �ay neither Trustor nor any tenant, cont�actor, agent�r ather
<br /> authorized user of the Property shall use, gen�rate, manufacture, store, treat, dispose of o�release any Hazardvus
<br /> Substance�n, under, about or�rom the Property; and �b� any such acti�i#y shall be conducted in��mpliance with
<br /> all applicable federai, state, and Ivcal laws, regulations and vrdinances, including without limitation all
<br /> En�ironmental Laws. Trustar authoriz�s Lender and its agents ta enter upon the Property to mak� such
<br /> inspectivns and tests, at Trustar's expense, as Lender may de�m appropriate to determine compliance of the
<br /> Property with this se�#ion a# ths D�ed af Trust. Any inspe�tivns ar tests made by Lender shall be for Lender's
<br /> purposes only and shall no# he construed to create any responsibility or I�ahility on th� part of Lender ta Trustor or
<br /> to any vther persvn. The representations and warranties c�ntained herein are based on Trustor's due diligence in
<br /> in�estigating �he Property for Hazardous Substanc�s. Trustor hereby �1 y releases and wai�es any #u#ure claims
<br /> against Lender for indemnity or contribution in the �►►ent Trustor becomes liable for c��anup ar other costs under
<br /> any such laws; and ��} agre�s ta indemnify, defend, and hald harmless Lender against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may dir�ctly ar indirectly sustain or suffer resulting from
<br /> a breach of this sectivn vf the D�ed of Trust vr as a consequence of any use, generation, manufacture, storage,
<br />. disposal. r�l�ase vr threatened release vccurring prior t�Trustor's❑wnership or interest in the Property, whether or
<br /> not #h� same was or should ha�e been known tv Trustor. The pro�isions of this secti�n of #he Deed of Trust,
<br /> in�luding the❑hligatian to indemnify and defend. shall sur�i�e the paym�nt of the Indebtedness and the satisfactivn
<br /> and recon�eyance of the lien vf this Deed vf Trust and shall nvt be a�fected by Lender's acquisiti�n af any interest
<br /> in the Property, wh�ther by#areciosure o�otherwise.
<br /> Nuiaanca, Waste. Trustor shall nvt cause� conduct or permi# any nuisance nvr commit, permit. or suffer any
<br /> stripping v# or waste on ar�o the Praperty ar any portivn of the Property. Without limiting the generali#y of the
<br /> foregoing, Trustor will not rema�e, or grant to any other party the right to remv�e, any tim#�er, minerals �including
<br /> oil and gasj, coaf, �lay, sc�ria, soil, gra�el or rock products withaut Lender's prior wr�tten consent.
<br /> Remo�al of impro�ements. Trustor shall nat demolish or remo�e any fmpr��ements from the Rea! Praperty without
<br /> Lender's prior written consent. As a condition to the rema�a�of any Impro�emen#s, Lender may requir�Trustor to
<br /> make arrangements satis#actvey to Lender �o replace su�h Impro�emen#s with Imprv�ements of at I�ast equal
<br /> Velue.
<br /> Lender's Right to Enter. Lender and L�nder`s agents and representati�es may enter upon the Rea! Rrvperty at aii
<br /> reasonable times to attend ta Lender's interests and to inspect the Rea! Property for purposes o# Trusto�'s
<br /> c�mpliance with the#erms and conditivns of this Deed of Trust.
<br /> Compliance with G��arnmental Requirements. Trustor shall pramptly comp�y with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, vf all go�ernmental authvrities applicah�e tv the use vr occupan�y of the
<br /> Prvperty, including withvut limitativn, the Americans With ❑isabilities Act. Trustor may cvntest in gvad faith any
<br /> such law, ordinance, or regulativn and withhold camplianc� during any proceeding, including apprnpriate appeals,
<br /> so�ong as Trustvr has notified Lender in writing prior to doing so and so long as, in Lendsr's sale opinion, Lender's
<br /> interests in the Property are not je�pardized. Lender may require Trustar to post adequate securi#y vr a surety
<br /> bvnd, reasonably satEsfa�tvey to Lender, to protect Lend�r's interest.
<br /> Duty to Protect. Trustor agrees nei�her t� a�andvn or I�a�e unattended the Praperty. Trustar shall da all ❑ther
<br /> acts. in additian to#hvse a�ts s�t farth abo�e in this sectivn, which frvm the character and use of the Property are
<br /> reasonably necessary to protec#and preser�e the Praperty.
<br /> []UE❑N SALE-C�NSENT BY LENDER. L�nder may, at Lender's option,declare immediately due and payabfe a�t sums
<br /> secured by this ❑eed a#Trust upon the sale ar transfer, without Lender's prior written cansent, of all or any part af the
<br /> Real Prop�rty, ar any interest in the Real Prnperty. A "sale or transfer" means the con�eyance vf Real Property or any
<br /> right, title or interest in the Real Prap�rty; whether legal, bene#i�ial or equitable; wh�ther �olun#ary or in�vluntary;
<br /> whether by vutright sal�, d�ed, installment sal� contract, land contract, contract for deed, l�asehold interest with a
<br /> term greater than three �3f years, lease-aption contract, or by sale, assignment, or transfer of any beneficial interest in
<br /> �r to any land trust holding title to the Real Praperty, or by any ❑ther method of con�eyance of an interest in the Rea1
<br /> Property. If any Trustor is a cvrporation, partnership vr limited liability company, transfer als❑ includes any change in
<br /> vwnership of more than twenty-fi�e per�ent �25°/oy vf th��oting stock, partnership interests or limit�d liability company
<br /> interests� as the case may be. o#such Trustor. H�we�er� this option shali not be exercised by Lender if such exercise
<br /> is prflhihi#ed by federal law�r by Nehraska 1aw.
<br /> TAXES AND LiENS. ThQ �o�lawing pra�isians re�ating to the taxes and liens vn the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due tand in all e�ents prior tv delinquencyy all taxes, specia�taxes. assessments,
<br /> charges {including water and sew�rf, fines and impasitions �e�ied against or on accvunt❑f the Property, and shall
<br /> pay when due ali �laims for work dane on vr for ser�ices rendered or material furnished to the Property. Trustor
<br /> shall maintain#he Property#ree of all �iens ha�ing priority o�er or equal to the interest o#Lender under this Deed of
<br /> Trust, except for the lien af taxes and assessments not due and except as vtherw�se prv�ided in this De�d ❑f
<br /> Trust.
<br /> Right to Cnntsst. Trustvr may withhvld payment of any tax, assessment. �r claim in connection wEth a good faith
<br /> dispute o�er the vbligation to pay, so I�ng as Lender's interest in the Property is not jeopardized. If a lien aris�s vr
<br /> is #iled as a result of nonpayment, Trustar shall within fifteen �15f days after the lien arises or, if a lien is #iled.
<br /> within fifteen {15f days after Trustor has notice ❑f the filing, secure the discharge of the lien, or i� requ�st�d by
<br /> Lender, dsposit wi�h Lender cash or a sufficient�orporate surety hond vr other security satisfactory to Lender in an
<br /> amount sufficient ta dis�harge the lien plus any costs and attarneys' fees� or oth�r�harges tha�cvuld accrue as a
<br /> resul#of� fareclosure or sale under the lien. In any cont�st,Trustor shall defend itself and Lender and shali satisfy
<br /> any ad�erse judgment before enforcement against the Prop��ty. Trustor shall name Lender as an additionai oh�igee
<br /> under any sur�ty hond furnished in the contest proceedings.
<br /> E�id�n�e of Payment. Trustor shaii upon demand furnish to Lender satisfactory e�idence af payment of the taxes
<br /> or assessmen�s and shall authorize the appropriate go�ernmental officiai to deii�er ta Lender at any time a written
<br /> statement oi the#axes and assessments against the Property.
<br /> Notice of Construc#ion. Trustor shall notify Lender at least fifteen �1�� days before any work is �ommenced, any
<br /> ser��Ges are furnished. or any materials are supplied to the Property, if any mechanic's I�en, materialmen's iien, or
<br /> othe� �ien could be asserted on accvunt af the work, ser�ices, or materials. Trustor wilf upvn request vf Lender
<br /> furnish to Lender ad�ance assuran�es satisfactory to Lender that Trustor �an and w'rll pay the cost af such
<br /> im�rv�ements.
<br /> PR�PERTY DAMAGE INSURANCE. The following pro�isians relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> IlAeintanance of Insuren�e. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> �o�erage endorsements on a replacement basis for the full insurahte �alue co�ering al1 lmpra�ements on the Real
<br /> Property in an amount su#f�cient tv a�vid application ❑f any coinsuran�� clause, and with a s�andard mvrtgagee
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