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2� 17� 1425
<br /> DEED �F TRUST
<br /> ��ontinued� page z
<br /> Trusto�'s ownership af the Prvperty, ther� has been no use, generativn, manufa�ture, storage, treatment� disposal,
<br /> release vr threatened re�ease of any Hazardous Substance by any person on, under, about or from th� Property;
<br /> �Zj Trustor has no knowi�dge of, �r reason to helie�e that there has been, except as pre�iausly disc��sed to and
<br /> acknowledged hy Lender in writing, tay any breach or �ioiativn of any En�ironmentai Laws, �bf any use.
<br /> generati�n, manufac�ure, storage, treatment, disposal, release or threatened release of any Haiardvus Substance
<br /> on, under, abvut or from the Property by any prior vwners or occupants o� the Property, ar �c� any actual or
<br /> threatened littgation or clairns o� any kind by any person relating to such matters; and �3y Except as pre�iously
<br /> disclvsed to and aGkn�wledged by Lender in writing, �af neither Trustvr nor any tenant, contractvr. agent vr❑ther
<br /> autharized user of the Praperty shall use, generat�, manufacture, st�re. treat. dispose of or re�ease any Hazardous
<br /> Substance on, under, about�r#rom the Prvperty; and �by any such acti�ity shall he conducted in c�mplianc�with
<br /> all applicable federal, state, and I�cal laws, regulatinns and ardinances, including withvut limitativn all
<br /> En�ir�nmental Laws. Trustnr authvrizes Lender and its agents to enter upon the Property to mak� such
<br /> inspec#ions and tests, at Trustor's expense. as Lende� may deem appropriate to determine �ompliance of �he
<br /> Property with this section of the Deed vf Trus#. Any inspections vr tests made by Lender shall be fvr Lender's
<br /> purposes oniy and shall not be construed#o create any responsihility or lial�ility on th� part of Lender t❑Trustor or
<br /> to any other person. The representations and warranties contained herein are based an Trustvr's due diligence in
<br /> in�estigating the Prape�ty for Hazardvus Substances. Trustor hereby �1 y releases and wai�es any future claims
<br /> against Lender for indemnity or contribution in the e�ent Trustor becomes liahle far �leanup ❑r �ther costs under
<br /> any such laws; and {2y agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br /> liahiliti�s,damages, penalties, and expenses which Lender may directly or indirectly sustain vr suffer resulting f�vm
<br /> a breach of this sectivn of the ❑eed af Trust vr as a cvnsequence vf any use. generation, manufacture, stvrage,
<br /> dispasal, release vr thr�atened release vccurring prior tv Trustor's ownership or in#erest in the Property� wh�ther or
<br /> not the same was vr should ha�e be�n knawn to Trustvr. The prv�isions ❑f this sectian of the ❑eed of Trus#,
<br /> including the vbligation to indemnify and defend. shall sur�i�e the payment af the Indebtedness and the satisfaction
<br /> and recon�eyance af the iien�f this Deed of Trust and shall nvt be a��ected by Lend�r's acquisition of any inte�est
<br /> in the Property� whether by foreclosure or otherwise.
<br /> Nuisan�a, Waste. Trustor shall nvt cause, conduct or perm�t any nuisance nor �ommit. permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of the Prvperty. Withou# limiting the generality ❑f the
<br /> foregoing, Trustor will no#remo�e, vr grant to any other par�y the right to remv�e, any timber, min�rals �including
<br /> aii and gas�, coal, clay,scoria, soil, gra�el or rvck products withaut Lender's prior written consent.
<br /> Remo�al of impro►►ements. Trust�r shall nat demo�ish ar remv�e any impra�emsnts from the Reai Property without
<br /> Lender's priar wr�tten consent. As a �ondition to the rem��ai of any Impro�ements. Lender may require Trustvr to
<br /> make arrangements satisfactory to Lender to repla�e such �mpro►►ements with lmpro�emen#s of at least equai
<br /> �alu�.
<br /> Lender's Righ#ta Enter. L�nder and Lend�r's agents and representati�es may enter upon the Real Property at all
<br /> reasonable times ta attend to Lender's fnterests and #❑ inspect the Real Pr�perty fior �3u�p05�5 of Trust�r's
<br /> cvmpliance with the terms and�anditivns of this Deed a#Trust.
<br /> Cvmpliance wi#h Ga►►srnmenta� Requirements. Trustor shall promptly comply with all laws, o�dinances, and
<br /> regulations, now or hereafter in effect. of all go�ernmenta! authorities applicable to the use ❑r occupancy of the
<br /> Pr�perty, including without limitation� the Americans With ❑isabilities Act. Trustor may cvntest in gvod faith any
<br /> such law, ordinance. ar regulation and withhold campliance during any pro�eeding, including apprapria�e appea�s,
<br /> so long as Trustor has notified Lender in wri#ing priar to doing sv and so iong as, in Lender's sale opinion, Lender's
<br /> interests �n th� Property are not jeopardiz�d. Lender may require Trustor tv post adequate securi#y or a surety
<br /> bvnd, reasanably satisfact�ry to Lender,tv protect Lender's interest.
<br /> Duty ta Protect. Trustor agrees neither tv abandon or lea�e unattended the Property. Trustor shall dv all other
<br /> acts, in addition to those acts set forth aba�e in#his sectian� which frvm the character and use vf the Praper#y ar�
<br /> reasonably necessary to protect and preser�e th� Property.
<br /> Construction Loen. If some or all af the proceeds❑#the Ivan creatiny the Indehtedness are to be used to�vnstruct
<br /> or complete constru�tion a#any Imprv�ements�n the Property, the Impro�emsnts shall be compieted no later than
<br /> th� maturity date af the Note �vr such earlier date as Lender may r�asvnably estahlishy and Trustor shall pay in full
<br /> all cvsts and expenses in cvnnectian with the work. Lender wi�l disburse Ioan proceeds unde� such terms and
<br /> conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed vf Trust shal�
<br /> ha�e pri�rity o�er all pvssibl��iens. including those of material suppliers and workmen. Lender may require, among
<br /> ather things. that disbursement requests be supported hy re�eipted bills, expense affida�its, wai�ers af liens,
<br /> canstructivn progress reports. and such ather documentation as Lender may reasonably request.
<br /> DUE QN SALE-CaNSENT BY LENDER. Lender may, at Lender's option, de�lare immediately due and payable all sums
<br /> secured by this Deed of Trust up�n the sai�vr transfer. withaut Lender's priar written consent, of all vr any part a##he
<br /> Reai Property� or any interes# in th� Real P�oper#y. A "sale or transfer" means the con�eyance of Real Prvperty ar any
<br /> right, title or interes# in the R�al Prape�ty; whether legal� beneficial vr equitable; whether �oluntary or in�oluntary;
<br /> whether by �utrigh# sal�, deed, instai�ment sale �ontract, land can�ract, contract for deed, leasehold in#erest with a
<br /> term greater than three (3) y�ars, lease-option contra�t, or by sale, assignment, or transfer of any benefi�ial interest in
<br /> or to any land trust holding title ta the Real Property, or by any nther method of con�eyance o� an in#erest in #he Real
<br /> Property. If any Trus#vr is a cvrporatian, partnership or limited liabili#y company, transfer also includes any change En
<br /> �wnership of mar�than twenty-fi�e perc�nt �25°�y of the�vting stvck, par�nership interests or limited liabil'rty company
<br /> interests, as the case may b�, of such Trustor. Howe�er, this option shall no� be exercised by Lender if such exercise
<br /> is prohi�ited by federal law❑r by Nebraska law.
<br /> TAXES AND LIENS. The f�llowing pro�isions relating to the tax�s and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Paymen#. Trustor shail pay when due �and in all e�ents prior t�d�linquencyf all taxes, special taxes, assessments,
<br /> charges �including water and sewsrf. fines and impositions le�ied against❑r on account of the Property, and shall
<br /> pay when due all claims for work dane on or #or ser�i�es rendered or material furnished to the Prvperty. Trustor
<br /> shall maintain the Property free of all liens ha�ing priority o�er or equal to the in#erest vf Lender under this De�d of
<br /> Trust, except for the lien of taxes and assessments na# due and except as vtherw�se pro�ided in this Deed of
<br /> Trust.
<br /> Right tv Con#est. Trustor may withhold payment of any tax, assessment� vr claim in connection with a gaod fai#h
<br /> dispute o�er the ohligation to pay� so long as Lender's inter�st in the Property is not jeapardized. If a lien arises or
<br /> is #iled as a result vf nonpayment, Trustor shall within fifteen �15� d�ys after the lien arises ❑r, if a lien is filed,
<br /> within fifteen �15� days after Trust�r has noti�e af fhe #i�ing, secure the discharge of the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety hond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the fien plus any costs and attorneys' fees. vr vther charges that could accrue as a
<br /> result❑f a foreclosure vr sale under the lien. �n any�ontest,Trustvr shall defend itself and Lender and shall satisfy
<br /> any ad�erse judgmen#before enfo�cement agains#the Property. Trustor sha�l name Lende�as an additional�bligee
<br /> und�r any surety bvnd furnished in the�antest prviceedings.
<br /> E�idence of Payment. Trustar shall upon demand furnish tv L�nder satisfactory e�idence ❑# payment of the taxes
<br /> ❑r assessm�nts and shall authorize the appropriate go�ernm�ntal offi�ial to deli►►er tv Lender at any time a written
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