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2� 17� 1592
<br /> DEED �F TRLJST
<br /> ��ontinued� Pa�e �
<br /> authori�ed user of the Pro�erty shall use, generate, manufa��ture, st�re, tr�at, d�spos� o�or reiease any Hazardous
<br /> Substance on, under, a�vut or from the Praperty; ar�d �bf any su�h acti�ity sha[[ be conducted in compliance wi#h
<br /> a�i applicable federal, stat�, and �ocal �aws, regulations and ordinan�es, including without fimi�ation af[
<br /> En��rvnmental Laws. Trustar authvri�es Lender and its agents to enter upon the Property ta make such
<br /> inspec�ions and tests, at Trus�vr's expen�e, as Lender may deem appropriate �o determ�ne cvmpliancs of fihe
<br /> Prvper�y wi#h this s�ction o� #he �eed of Trus�, �ny inspectians or tests made by L�nd�r sha11 be �vr Lender's
<br /> purpvses only and shall not be cons�rued to �reate any responsib�l�ty or �iabi[ity on the p�rt a�F Lender to Trustor or
<br /> tv any vther person. The represen�a�ions and warranties contained herein are based an Trustor's due diligence in
<br /> in�estigat�ng �he Prvpe�-�y fvr Ha�ardous Subs#ances. Trustor hereby {1} rel�ases and wai�es any #u�ure �Eaims
<br /> against Lender fo� indemnity ❑r cvn�ribution in �he ��ent Trustor becomes liable for cleanup or other costs under
<br /> any such laws; and 42� agrees to indemnify, defen�, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, penalties, and expenses which Lender may directly�r indirectly sustain or suff�r resu�t�ng�rom
<br /> a �reach v�this section of the ❑eed of Trust or as a c�nse�uen�e ot any us�, generation, manufac�ure, storage,
<br /> disposaf, refease vr threatened release❑ccurring pr�ar tv Trustor's�wnership or interest in the Proper�y, whether or
<br /> not the same was vr shvuld ha�e been known tv Trustar. The pra��sions of this sectivn of the Deed ❑f Trust,
<br /> including the obligation�o indemnify and defend, shall sur�i�e the payment o�the Indebtedness and the satisfa�t�on
<br /> and reGon�eyanc� o�the �ien of this Deed af Trust and sha�! not be a��ect�d by Lender's acquisition of any interest
<br /> �n�he Property. whether by fare�losure vr vtherwise.
<br /> Nuisance, Waste. Trus�ar shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> s�ripping o� or waste on or �a the Property o� any portion o� the P�operty. Withaut �imiting the generafity o� the
<br /> foregoing, Trustor wil� not remo�e, or grant tv any other party fihe right�to remo�e, any timber, minerals tin�fuding
<br /> vi� and gas�, cval, ciay, scoria, soil, gra�el ❑r rock products without Lender's priar writt�n consen�.
<br /> Remvval vf Impror►ements. Trus�or shall not demolish vr remo�e any lmpro�ements from the Rea! Property without
<br /> Lend�r's prior written consent. As a condition to the remo�al of any Imprv�ements, Lender may requ�re Trus�ar tv
<br /> make arrangements satisfactory to Lender ta replace such Impro�emenfis with Impro��ments v� at least equal
<br /> �alue.
<br /> Lender's Ri�ht to Enter. Lender and Lender's agents and representati�es may enter upon the Rea( Property at all
<br /> reasonabie t�mes �o a�tend to Lend�r's int�r�sts and tv inspecfi the Real Praper�y for purposes af Trustvr's
<br /> compfiance with the terms and conditions af this ❑eed of Trust.
<br /> Compiian�e with Gov�rnmental Requ�rements. Trustor shal� promptiy comp�y with all laws, vrdinances, and
<br /> regulations, now ar herea��er in �f#ect, of all go�ernmental authorities app�i�abl� to the use or occupancy of the
<br /> Property, inGluding without limitativn, the Americans With Disabilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, vr regulatian and wi�hhold compliance during any proceeding, incLuding apprvp�iate appeals,
<br /> sv Iong as Trus�or has natified Lender in writin� priar to doing so and so long as, in Lender's svl��pinion, Lender's
<br /> interest� in the Prvperty are not jeopardi�ed. Lender may require Trustor �o pos� adequa#e S�CU�Ity ��" a surety
<br /> bond, �easonably sa�isfactory#o Lender, t� protect Lender's interest.
<br /> Dut�v to Protect. Trustor agrees neither to abandon ar lea�e unattended the P�operty. Trust�r shaif dv ali other
<br /> acts, in addition to those ac�s set forth abvv� in this section, which from the cha�acter and use of the Property are
<br /> reasonabfy nec�ssary ta pro�ec�and preser��the Property.
<br /> DUE�N SALE- CDNSENT gY LENDEH. Lender may, at Lender's option, decfare immediately due and payable all sums
<br /> secur�d by this ❑eed v�Trust upvn the sale or transfer, withou� Lender's prior written cvnsent, o�al� ar any part of the
<br /> Reaf Property, or any interest in the Real P�oper�y. A "sale or transfer" means the can�eyance vf Real Proper�y vr any
<br /> righ�, �itle or interest in �he Real Property; whe�h�r fegal, beneficial or equitable; whether �oluntary or in�vluntary;
<br /> whether by vutright safe, de�d, instaiiment sa�e contract, [and �ontrac�, cvn�tra�t for deed, leasehold interest wi�h a
<br /> term greater#han three �3y years, lease-vptivn cvntract, or �y sale, assignmen�, or�ransfer af any bene�ic�a� in�erest in
<br /> �r to any land trus� halding title to the R�a! Property, vr by any other method vf con�eyance of an int�r�st in the Real
<br /> Praperty. 1f any Trustar is a corporation, partnersh�p or limit�d liability company, transfer also in�ludes any chan�e in
<br /> ownership of more than�wenty-fi�e percent t��°/a} �f the�oting stock, partnership interests or limited liabifity c�mpany
<br /> interests, as the case may be, o�such Trustor. Howe�er, this option shall no� }�e exerGised by Lende� if such �xercise
<br /> is prohibited by federal law or by Nebraska law.
<br /> TAXES AND L�ENS. The folf�wing provisions relating to the taxes and liens on the Property are part of this D�ed of
<br /> Trus�:
<br /> Payment. Trustor shall pay when due �and in aff e��nts prio��o delinquency} ali taxes, speCial taxes, assessments,
<br /> charges �incfuding water and sewer�, �ines and impasitions le�ied against or vn account o#the Praperty, and sha�I
<br /> pay when due alf �faims �or wa�k done on or for ser�ices rendered or materiaf furnished to the Proper�y. Trustor
<br /> shali maintain the Property free of aii f�ens ha�ing priority o�er ar equal t❑the in�erest of Lender under this ❑eed of
<br /> Trus#, except fvr the lien of #axes and assessments nat due and excep� as vtherv►►ise pro�ided in this Deed of
<br /> Trust.
<br /> Right to�ontest. Trustor may withhold paymen�of any tax, assessment, or �laim in �onnecfii�n with a good �aith
<br /> dispute v�er the abfigat�on to pay, sv fvng as Lender's in�erest in the Property is not jeopard���d. I�a fien arises flr
<br /> is fil�d as a result of nanpayment, Trustor shall within �i�teen 4�5} days af�er the lien arises vr, i� a lien is �iled,
<br /> within �i�teen �15� days after Trust�r has nvtice o� th� f�ling, secure the discharge vf �he lien, or if requested by
<br /> Lender, deposifi with Lender cash or a su�fi�ient c�rpvrate surety�vnd vr ather securi�y sa�isfactory to Lender in an
<br /> amount sufficient ta discharge the lien p(us any c�sts and attorneys' �ees, or other charges�ha�could accrue as a
<br /> result of a foreciosure vr sale under the lien. �n any contest, Trustor shall defend itsel�and Lend�r and shafl satisfy
<br /> any ad�erse�udgment be�ore enforcement against the Prvperty. Trustar shaff nar-ne Lender as an addi�ivnal ohfigee
<br /> under any surety bond furnish�d in the con�es�prviceedings.
<br /> E�idence of Payment. Trustor sha�! upon demand furnish to Lender satisfa��ory e�idence v� payment of the taxes
<br /> ar assessmen�s and shalf authnrize �he app�vpriate go�ernmen�al �fficial tv deli�er ta Lender at any time a wri�ten
<br /> statement of the taxes and assessments against the Prvperty.
<br /> Notice of Cvns�ruction. Trustor shaEl notify Lender at least �i#�teen f 15} days be#ore any wvrk is cammenced, any
<br /> ser�ices are furnished, or any materiafs are supp�ied �v the P�aperty, i�any mechanic's �ien, materialmen's lien, or
<br /> o�her lien could he asser�ed on a�count of th� work, ser�ices, ar mat�rials. Trustor v+ri�l upvn request of Lend�r
<br /> furnish to Lender ad�ance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> impro�ements,
<br /> PR�PERTY DAMAGE INSURANCE. The following pro�isivns relating to insuring the Praperty are a part o�this Deed of
<br /> Trust.
<br /> Maintenan�e of insurance. Trustor sha11 procure and maintain p�licies of fire insurance with standard ex�ended
<br /> co�erage endorsements vn a rep�acement �asis �or the �ull insurabfe �alue cv�ering a�� lmpro�ements on the Real
<br /> Prvperty in an amount su�ficien� to a�oid applicativn of any �vinsuranCe cfause, and with a standard mortgagee
<br /> clause �n fa�or❑f L�nder. T�ustor shall also procure and maintain comprehensi�e general liaf��lity insuran�e in such
<br /> co�erage amounts as Lender may reques� wi�h Tr�stee and Lender being named as additional insureds in such
<br /> liability insurance policies. Additianal�y, Trustor shall main�ain such other insurance, inc�uding but not limi�ed to
<br /> hazard, business interruption, and boiier insurance, as Lender may reasonably require. Pvlic�es shall b� writfien in
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