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2� 17� 1979
<br /> DEED �F TRUST
<br /> ��antinued� Page 2
<br /> disclosed to and acknowledged by Lend�r€n writ�ng, �a} nei�her Trustor nor any�enant, contractor, agent or other
<br /> authorized user of the Prvperty shalf use, generate, manu�racture, sfiare, �rea�, dispose af or re[ease any Ha�ardous
<br /> Substance vn, under, ab�ut or�rom the Property; and tb3 any such ac�i�i�y shall he conducted in Complian�e with
<br /> all applicab[� federal, s�a�e, and loca[ laws, re�ulativns and ordinances, including w�thout limitation all
<br /> En�irvnmentai Laws. Trustor authari�es Lender and its agents to en�er upvn the Pr�perty �a make such
<br /> €nspections and tests, at Trustor's expense, as Lender may de�m apprapriate to determine comp�iance of the
<br /> Proper�y with this section of th� D�ed of Trust. Any inspec�ions ❑r tests made by Lende� shall be for Lender's
<br /> purposes oniy and shall not be consfirued to create any responsibili�y or liability ❑n the part o� Lender to Trustor or
<br /> to any othe� person. The representations and wa�ranties contained herein ar� based ❑n Trustor's due diligen�e in
<br /> in�estigating the Prvperty for Ha�ardous 5ubstances. Trus�or hereby ��� releases and wai�es any fu�ure claims
<br /> against Lender for indemnity or cantrihution in th� e�enfi Trus�or becomes �iable �or cfeanup a� other casts under
<br /> any�uch laws; and 4�� agrees to ind�mni�y, de�rend, and hold harmless Lender against any and ai1 �laims, �vsses,
<br /> �iabilities, damages, penalties, and expenses whi�h Lender may directly or indire�tly sustain❑r su��er resul�ing from
<br /> a breach o�this sectian of the Deed of Trust or as a �onsequen�e of any use, generation, manu�acture, storage,
<br /> disposal, r�{�ase or threatened releas��ccurring pri��t❑ Trusto�'s ownership ar in�erest in the Propertyr whether or
<br /> no'� the same was or should ha�e been known to Trustor. The p�v�isians of �his section of the Deed af Trust,
<br /> including the obligatian�� indemnify and defend, shal�sur�i�e the payment of�he fndebtedness and th� sa�isfac�ion
<br /> and r�con�eyance o�r the [ien of this Deed ❑f Trust and sha�� not be affe�ted by Lender's acquisiti�n o�any interest
<br /> in�he Property, whether by fareclosure�r atherwise.
<br /> Nuisance. VIlas#e. Trustor shall not cause, c�nduct or perm�t any nuisance nor Cvmmit, permit, or suffer any
<br /> stripping of �r waste on or �o �he Property or any portion o� the Property. Vllithou� limi�ing the generality a�F the
<br /> foregving, Trustor wi�� not remove, or grant�o any other party �h� right to r�ma�e, any timber, minerafs �including
<br /> oil and gas�, �oal, Glay, scoria, soil, gra�el ar�ock products w�thout Lender's prior wri�ten consent.
<br /> Remaval o#ImproWemen#s. Trus�or shall not demo(ish or remo�e any Impro�em�n�s from the Reaf Prope�ty withvut
<br /> Lender's prior writt�n consent. As a condition to the rem��a� o�any lmpro�ements, Lender may require Trustor t❑
<br /> make arrangem�nts satisfactory to Lender to repfac� such �mpro�ements with lmpro�ements of at least equal
<br /> �a�ue.
<br /> Lender's Right to Enter. Lender and Lender's agents and repres�nta�i�es may enter upon �he Real Prvperty at a�l
<br /> reasonable times �o attend to L�nder's interests and to inspect the Real Property for purposes of Trustor's
<br /> complian�e wi�h the�erms and canditions of th�s Deed o#Trust.
<br /> Cvmpiiance r►vith �fl�ernmental Requ��ements. Trustor shall pramptly comply wi�h all laws, o�dinances, and
<br /> regula�ions, now ❑r he�eafi�er in �ffect, of all go�ernmenta� authorit�es applicable to �he use or occu�ancy of the
<br /> P�operty, including with�ut limitation, �he Americans VVith Disabilities Act. Trustvr may contes# in gaad �aith any
<br /> such (aw, ordinance, or regulation and wi�hhold �ompliance during any proceeding, including appropri�te appeals,
<br /> so long as Trus�tor has noti�ied Lender in writing prior to doing sv and so [ang as, in Lender's svle opinion, Lender's
<br /> interests in �he Praperty are not jeapardized. Lender may require Trustor to past adequate security or a surety
<br /> bond, reasonably sa�isfa�tory to Lender, to protect Lender's in�eres�.
<br /> Du�y t� Protec�. Trus�or agrees neith�r �v abandon or lea�e unattended the Property. Trustor sha�l do all o�her
<br /> acts, �n addit�vn�v those ac�s set#orth ab��e in this section, which from th� charac�er and use v��hg �roper�y are
<br /> reasonably necessary to proteGt and preser�e the Prop�rty.
<br /> DUE�N SALE- G�NSENT BV LENDER. Lender may, at Lender's option, de��are immed�ately due and payabf� a�l sums
<br /> secured by this ❑eed of Trust upon the sale or transfer, without Lender's prior written consent, of all ar any part of�he
<br /> Real Property, or any in#erest in the Rea! Praperty. A "sale or transfer" means the con�eyance of Real Property or any
<br /> righ�, title or interest in the R�al Proper�ty; whether legal, beneficial or equi�able; whether �oluntary or in�oluntary;
<br /> whe�her �y autright sa�e, de�d, installment sa�e contract, land contract, con�rac� for deed, leasehold interes� wi�h a
<br /> �erm greater than �hree �3} years, lease-optian contract, or by sale, assignment, or transfer of any hene��cial interes� in
<br /> ❑r to any land trust holding title �❑ �he Real Property, or by any �ther methad a� con�eyance �f an int�rest in the Real
<br /> Property. Howe�er, this vpti�n shall not be exer�ised by Lender if such exerc�se is prohi�i�ed by �ederal law vr by
<br /> Nebraska law.
<br /> TAXES AND L�ENS. The foflowing pro��sions relating ta the �axes and liens on the Property are part of this Deed o�
<br /> Trus�:
<br /> Payment. Trustor shall pay when due tand in af[ e�ents prior�a delinquency� all taxes, speciaf taxes, assessmen�s,
<br /> charges �including water �nd sewer�, �ines and impositi�ns le�ied against ar on acc�unt of the Pr�perty, and shall
<br /> pay when du� all claims �or work done ❑n vr fvr ser�ices rendered �r materia� furnished to the Property. T�ust�r
<br /> shall ma�ntair�the Property fr�e vf all liens ha�ing priori�y��er or equal tv the interest o�Lender under this C3eed o�
<br /> Trus#, except for �he lien of taxes and assessments not due and ex�ept as otherwise pro�ided in this Deed o�
<br /> Trust.
<br /> Right ta Contest. T�ustvr may wi�hhvld payment of any tax, assessment, or claim in �onn�c�ion with a gvod fai�h
<br /> dfspute o�er�he vbfigation to pay, so long as Lender's interest in:the Prop�rty is nat jeopardized. �f a lien arises or
<br /> is �Fifed as a result of nanpaym�nt, Trustvr shall within �ifteen {'!5� days after the lien arises or, if a iien is filed,
<br /> wi�hin fift��n t 15� days after Trustor has notice of the ��ling, secure �he discharge of the fien, or �f reques�ed by
<br /> Lender, deposit with Lender�ash or a sufficient carporate surety bond or other securi�y sa�isfia�tory ta Lender in an
<br /> amount suffi�ient ta d�scharge the lien plus any costs and attorneys' �ees, or oth�r charges tha�could acc�ue as a
<br /> result o�r a fareclosure�r sale under the lien. In any con�est, Trust�r shall de�end itsel�and Lender and shal�satisfy
<br /> any ad�erse j�rdgmen�before�nforcem�n�against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety hond furnished in th� contest praceedings.
<br /> E�idence vf Payment. Trus�ar shall upon demand furnish to Lender satisfactory e�idenc� of payment of the taxes
<br /> or assessments and sha�� authvrize the appropriate go�ernmenta{ o��icia! �o de�i�er to Lender at any time a written
<br /> statement o#the�axes and assessments against�he Praperty.
<br /> Nvt�ce of Construc�ion. Trustor shall notify Lender at leas� fifteen �15� days before any wo�k is commenced, any
<br /> ser�ices are furnished, �r any materia[s are supplied �o the Praper�y, if any mechanic's lien, materiaim�n's lien, or
<br /> other lien Could f�e asserted on a��vunt of the work, s�r�ices, or materials. Trus�or will upon request o� Lender
<br /> furnish to Lender ad�ance assurances satisfactvey to Lender that Trustor can and will pay the cost o� such
<br /> imp�a�emen�s.
<br /> PR�PERTY DANtAGE INSURANCE. The follawing pro�isi�ns relating to insuring �the Property are a par�of this Deed o�
<br /> Trust.
<br /> Maintenance o� lnsurance. Trustor shal� pracure and maintain policies of fire insurance with standard ex�ended
<br /> �o�erage end�rsemen�s on a rep�ac�ment basis fo� the full insurable �alue �o�ering al! impro�ements ❑n the Real
<br /> Property �n an amoun� sufficient t� a�oid app�ication af any coinsurance clause, and w�th a standard mortgagee
<br /> clause in fa�ar of Lender. Trustor sha�E also procure and maintain comprehensi�e generaf lia�ility insurance in such
<br /> co�erage amaun�s as Lender may request wi�h Trustee and �ender being named as addit�onal insureds in such
<br /> iiability insur�nce policies. Addi#iona[fy, Trustor shall maintain such o�her insurance, inc�uding �ut nvt limited to
<br /> ha�ard, business interrup�ion, and b�if�r insurance, as Lender may reasonably require, Po�icies shall be wri�ten in
<br /> �orm, amounts, cv�erages and basis reasanably acceptab�e tv Lender and issued by a company or campani�s
<br /> f��
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