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2� 17� 1599
<br /> DEED �F TF�UST
<br /> �Continued� Page 2
<br /> Compli�nce Wi#h En�ironmental Laws. Trustar represents and warran�s to Lender that: [1� ❑uring th� period of
<br /> Trustor's ownership of the Property� there has b��n no us�, generat+on, manufacture, s�orage, treatment, dispvsal,
<br /> release vr threatened release of any Hazardous Substance by any person on, und�r, about ar from the Property;
<br /> ��� Trusto� has nv knowledge o�, or reasvn #o b�li��e that there has heen, except as pre�iously disc�osed to and
<br /> acknawledged by Lender in writing. {aj any breach or �iolation af any En�ironmental Laws, �b� any use.
<br /> generation, manufacture, storage. treatment, disposal. release ❑r threatened release of any Haz!ardvus 5ubstance
<br /> on, under. abaut or from th� Proper�y �y any prior owners or ❑ccupants of the Praperty, vr �cy any actual or
<br /> threatened litigation or Glaims of any kind by any person relating to such mat�ers; and t3� Except as pr��iausly
<br /> disclvsed to and acknowledged by Lend�r in writing, {a� neEther Trustor nor any tenant, contractvr, agent or vther
<br /> authorized user of the Property shall use, genera�e, manufacture, store, treat, dispose of❑r release any Hazardous
<br /> 5ubstance on, under, about vr fram the Property; and �b� any such acti�ity shall be conducted in�omplian�e with
<br /> all app�icah�e federal, state, and locai laws, r�gulations and ordinances, including without limitatian all
<br /> En�ironmental Laws. Trustor autharizes Lender and its agents to enter upon the Prop�rty to make such
<br /> inspections and #ests, at Trustor's expense, as Lender may de�m appropriate t� determine compliance of the
<br /> Property with this sectian ❑f the Deed af Trust. Any inspections or tests made by Lender shall be for Lender`s
<br /> purpos�s only and shall not be construed �o �reate any respvnsibiiity�r liability an the part of Lender to Trus#ar ar
<br /> t❑ any other person. The representatEons and warranties contained herein are based on Trustor's due d�#igence in
<br /> in�estigating #he Proper#y for Haza�dous 5ubstances. Trustor hereby �1� �re�eases and wai�es any future claims
<br /> against Lender for indemni#y ar �ontrihutivn in the e�ent Trustor becomes liahle for cleanup vr vther costs under
<br /> any such laws; and ��� agrees to indemnify, defend, and hold harmless Lender agatnst any and all claims, �osses,
<br /> liabilities, damages, penalties, and expenses whi�h Lender may directly vr indire�#ly sustain or suffer resulting from
<br /> a brea�h of this section of the Deed of Trust �r as a consequence ❑f any us�, generativn, manu�acture, storage,
<br /> dispasal, release or threatened re�ease accurring prior tv Trustvr`s ownership or�nteres�in the Prvperty, whether or
<br /> not the same was or should ha�e heen known t❑ Trustvr. The pro�isions of this section of th� Deed of Trust,
<br /> in�luding the obliga�ion tv indemnify and defend,shall sur�i�e the payment of the Indebtedness and the satisfactian
<br /> and recvn�eyance of th�lien of this Deed of Trust and shall nvt he affe�ted by Lender's acquisit+on of any interest
<br /> in the Property, whether by fvreclosur�or vtherwise.
<br /> Nuisance. Waste. Trustor shall not cause, �onduct ar permi# any nuisancs nor commi�, p�rmit, or su�#er any
<br /> stripping of or waste on or t❑ the Property or any portion of the Property. Without limiting the generality of the
<br /> foregaing, Trustvr will not r�mo�e, vr grant to any other party the right#o remo►►e, any timber� minerals tinclud�ng
<br /> oi�and gas}, coal, clay, scoria, soi�, gra�el or rock products without Lender's prior written cansent.
<br /> Remo�a!of Impro�ements. Trustor shall not demolish or remo�e any Impro�emen#s fram the Real Property without
<br /> Lender's prior written consent. As a condition to the remo�al of any lmpro�ements, Lender may require T�ustor ta
<br /> make arrangements satisfactory to Lender to repla�e such Impro►►ements with Impro�emen�s of at least equal
<br /> �a�ue.
<br /> Lender's Right tv Enter. Lender and Lender's agents and representati�es may enter upvn the Real Praperty a# all
<br /> reasonahle times to attend tv Lender's int�rests and #o inspect the Real Prvperty far purposes of Trustor's
<br /> compliance with the terms and conditians of th�s Deed ort Trust.
<br /> Complianca with Go�ernmantal Requirements. Trustor sha�� promptly comply with all laws, ordinances, and
<br /> regulations, nvw ar hereafter in e��ect, o� all g��ernmenta� authorities app�icable to the use or occupancy ❑f the
<br /> Property, in�luding with�ut limitation, the Americans Wi�h ❑isabilities Act. Trustor may c�ntest in gvod faith any
<br /> such law, ordinance, or regulativn and withhold �ompliance during any proceeding, inc�uding appropriate appeals,
<br /> so long as Trustac has nvti�ied Lender in writing pr+or tv daing so and sv Iong as. in Lender's sole opinion. Lender's
<br /> interests in #he Prop�rty are not jeopardized. Lender may require Trustor to post adequate security �r a surety
<br /> bvnd� reasonably satisfactQry to Lender, to protect Lender`s interest.
<br /> Duty to Protect. Trustvr agrees neither t❑ abandon or lea�e una�tend�d #he Property. Trustor shall do all other
<br /> acts, in addition to those acts set farth abo�e in this section� which from the character and use v#the Property are
<br /> reasonably necessary to protect and preser�e the Property.
<br /> �onstruction Loen. If some or all of the proceeds of the�oan creating the Indebtedness are to be used to canstruct
<br /> or complete�onstructivn of any lmpro�ements on ths Property, the Impro�ements shall be cvmplet�d no �ater than
<br /> the maturity date vf the Na#e tor such earlier date as Lender may�easanably establishy and Trustor shall pay in fuii
<br /> all costs and expenses in �onnection with the wark. Lender will disburse Ivan pro�eeds under such terms and
<br /> cvnditions as Lender may deem reasona�ly ne�essary to insure that the interest crsated by this Deed v�Trust shall.
<br /> ha�e priority o�er all pvssihle liens. including thase of material suppiiers and workmen. Lender may requ+re, among
<br /> vther things, that dishursement requests be supported by receipted b�lls, expenss affida�its. wai�ers of liens,
<br /> construction progr�ss repvr#s, and such other documentation as Lender may reasonably request.
<br /> DUE QN SALE-C�NSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured �y this Deed of Trust upon the sale or transfer, without L�nder's prior written consent, af all vr any pact o�the
<br /> Real Property, ❑r any interest in the R�al Property. A "sale ❑r transfie�" means the cvn�eyan�e of Rea! Property or any
<br /> right, tit�e or in#erest in the R�ai Prvperty; whether legal, benefi�ia� ❑r equitable; whether �vluntary or in�oluntary;
<br /> whethe� by outright sale, de�d. installment sale c�ntract, land c�ntract. contract fvr deed, leasehold interest with a
<br /> term greater than three �3y years, lease-option contract, or by sale, assignment, or transfer of any b�neficial �n#�rest in
<br /> or tv any land trust hoiding title ta the Real Praperty, or by any other method vf con�eyance of an inte�est in th� Real
<br /> Pro�erty. If any T�ustor �s a corpo�ation� partnership or limited liabiiity �ompany, transfer also in�ludes any change in
<br /> �wnership af more than twenty-fi�e percent ��5°/oy of the�oting stack, partnership interests or limited liahility �ompany
<br /> interests, as the case may t�e, of such Trustor. H�we�er. this option shali nvt be exercised hy Lender if such exercis�
<br /> is prohibited by federal law ar by Nebraska law.
<br /> TAXES AN� LIENS. The following pro�isi�ns relating tn the taxes and liens an th� Prvperty are part of this Deed of
<br /> Trust:
<br /> P�yment. Trustvr shall pay when due �and in all ��ents prior to delinquencyy al�taxes� special taxes, assessments,
<br /> charges �inciuding water and sewer�, fines and impositians le�ied against ar�n accvunt vf the Property, and shall
<br /> pay when due ail claims far wvrk done on or for ser�ices rend�red ❑r material furnished ta the Property. Trustor
<br /> shall maintain the Praperty free of all liens ha�ing priority o�er or equal ta the interest of Lender under this Deed of
<br /> Trust, except fvr the lien of taxes and assessments n�t due and except as vtherwise pro�ided in this Deed of
<br /> Trust.
<br /> f�ight tv Contes#. Trustor may withhold payment a#any tax, assessment, ar claim in connection with a good faith
<br /> dispu#e o�er the ohligation ta pay, so long as Lender's interest in the Praperty is n�t je�pardized. If a lien ar�ses vr
<br /> is fil�d as a result of nonpayment. Tcustor shall within fi�teen �15} days a�ter the lien arises or, i# a lien is filed,
<br /> within fi#teen {15y days after Trustor has notice of the filing. secure the discharge of the lien� ❑r if requested hy
<br /> Lender, deposit with Lender cash or a sufficient corpvrate surety bond or other security satisfactory to Lender in an
<br /> amaunt suffi�ient to discharge the lien plus any costs and attvrneys' fees. or vther charges that could accrue as a
<br /> result of a foreclosure or sale under the lien. I n any�ontest, Trustor shall defend itself and Lender and shail satisfy
<br /> any ad�erse judgment before en�orcem�nt against#h� Property. Trustor sha�l name Lender as an additional vbligee
<br /> under any surety bvnd furnished in the cantest proceedings.
<br /> E�idence of Payment. Trustor shall upon demand furnish to Lender satisfaCtory e�idence of payment of the taxes
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