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2� 17�2353
<br /> DEED �F TRUST
<br /> Loan No: �0'i 3D4�3� ��ontinued} Page 3
<br /> threatened litigatian ❑r �laims of any kind by any person re�ating �o such mat�ers; and �3} Except as pre�iously
<br /> disclosed t❑ and acknawledgsd by Lender in writing, �a} neith�r Trustfl� nvr any tenant, contractor, agent❑r❑ther
<br /> au�horized user�f the Praper�y shall use, genera��, manufa�ture, store, �rea�, dispose af or release any Hazardous
<br /> Substance vn, under, about ar from �he Proper�y; and �b� any such a��tiWity shall be �onducted in cvmptiance with
<br /> all applicable fede�al, sta�e, and io�ai laws, regu�atians and ordinances, including without limitation all
<br /> En�ironmental Laws. Trustor authorizes Lender and its agents t� enter upnn the Proper�y t❑ make such
<br /> inspec�ions and tests, at Trustor's expense, as L�nder may deem appropriate �o determine complian�e flf the
<br /> Property with �his sec�ian of the Deed of Trust. Any inspectiflns or tests made by Lender shall be far Lender's
<br /> purposes anly and shail not be construed to c�eate any �responsibility vr liability vn the part of Lender tv Trust�r or
<br /> to any afiher person. The represen�atians and warran�ies con�ained herein are based on Trustor's due d��igence in
<br /> inves�igating the Property for Haza�dous 5ubstancss. Trustor hereby {�� refeases and wai�es any future claims
<br /> a�ainst Lender far indemnity ❑r cantributian in �he event Trustvr becomes liahle for c�eanup ❑r �ther cvsfis under
<br /> any such laws; and �2} agrees t❑ indemnify, de�end, and hald harml�ss Lender agains� any and alf claims, lasses,
<br /> liabili�ies, damages� penalties, and expenses whfch Lende�-may directly vr indirect�y sus�ain ❑r suffer resul�ing frvm
<br /> a breach of this section ❑f�he Deed a�Trus� ❑r as a consequence vf any use, generatEon, manufacture, st�rage,
<br /> disposai, release vr threatened release occurring pri�r�o Trus�or's ownership or�nterest in the Property, v�rhe�her or
<br /> not the same was or shauld ha�e been known to Trustor. The pro�isEons of �his sec�ion of �he ❑eed vf Trus�,
<br /> including�he obliga�ion ta indemn�fy and defend, shall sur�i��the payment a�the Indebtedness and�he satisfacti�n
<br /> and recan��yan�e ❑f�he lien ❑f this ❑eed of Trus� and shall n�t be affe�ted by Lender`s acquisition ❑f any in�erest
<br /> in the Prape�ty, whether by��reclosure or�therwise,
<br /> Nuisance, Waste. T�-us�or shall not cause, conduc� ❑r permit any nuisance nor cvmmit, permit, or suffer any
<br /> strippin� vf vr waste ❑n or �o the Prope�ty vr any portian ❑f the Prvperty, 1Nithout limiting the generaftty of the
<br /> foregoing, Trustvr will no� rema�e, or grant t❑ any ❑ther party the right�o remove, any timber, minerals �including
<br /> oil and gas}, �oal, clayr SC��'ia� 501I, gra�el ❑r rack prvducts wi�hout Lender's priar wri��en cansent.
<br /> Removal of lmprvrrements. Trus�or shall n�t demalish or remaWe any Impro�emen�s from�he Real Praperty without
<br /> Lender's prior writ�en consent. As a �ondi�ion�to the remv�a� of any lmprvvements, Lender may require Trus�vr�o
<br /> make arrangements satisfiactory t❑ Lender t❑ replace such Impro�ements with impro�ements ofi at leas� equal
<br /> value. .
<br /> Lender's Righ��o Enter. Lender and Lender's agents and rep�esenta�i�es may ente� upon the Reai Property at all
<br /> reasonable �imes to attend �❑ Lender's in�erests and t� ;nspe�� the Real Properfiy fvr purposes of Trus�or's
<br /> compliance with the terms and �onditi�ns af this ❑eed o�Trust.
<br /> Cvmpliance with GoWernmentaE Requirements. Trus�vr sha�� prvmptly com�fy with all laws, ordinances, and
<br /> regulat�ons, nvw or herea�ter in e��ect, a� all gn�emmental authori�ies applicable to the use ar occupancy v� the
<br /> Prvperty, including wi�hout ��mi�a�ion, the Americans Wi�h �isab�iities Ac�, Trustor may contes� in gvvd faith any
<br /> such �aw, ordinance, or regula�ion and withhold comp��ance during any proceeding, including appropriate appeals,
<br /> sv Iong as Trustar has natified Lender in writing priar�o daing s❑ and s❑ Iong as, in Lender's sol�opinion, Lender's
<br /> interests in the P�-aperty are not jevpardized. Lender may require Trustvr �o post adequate securi�y or a sure�y
<br /> �ond, reasonably satis�ac�ory to Lender, tv prote�t Lender's 3nteres�.
<br /> Duty to Pro�ect. Trustor agrees neither fi❑ abandon ❑r lea�e unattended the Property. Trustar shall do all ❑ther
<br /> acts, in additian t❑�hose acts set fvrth abo�e in this section, which from the character and use ❑f�he Prop�rty are
<br /> reasonably necessary to pro�ect and preser�e�he Property.
<br /> DUE QN SALE � C4NSENT 6Y LENDER. Lender may, at Lender's opt�vn, declare �mmediately due and payable all sums
<br /> secured by this �eed ❑f Trust upvn the sa�e ❑r transfer, wi�houfi Lender's pr�or written cansent, vf aif ❑r any par�o�the
<br /> R�al prvperty, ar any interest in�he Real Property. A "safe vr trans�er" means �he �vn�eyance vf Real Prvperty or any
<br /> right, ti�le vr in�erest in �he Real Proper�y; whether legal, beneficial vr equi�able; whe�her �olun�ary o� in�vfuntary;
<br /> whe�her by autright sale, deed, insfiallment sa�e contrac�, land contract, con�ract �vr deed, leasehvld interest w�th a
<br /> term greater than three {3} years, fease-option cvntract, or by saie, ass�gnment, or�ransfer vf any bene�icial interest in
<br /> or to any land trust hvlding �i�le to the Real Property, or by any other method of con�eyance af an inte�-est in �he Rea�
<br /> Property. �f any Trustor is a c�rpara�i�n, partnership ❑r limited liabi�ity company, transfer also includes any change in
<br /> ❑wnership of more than�wenty-fi�e percen� ��5°/a� of the �vting stack, partnership inte�-es�s o� limited liability company
<br /> in�eres�s, as the case may be, of su�h Trustor. Howe�er, this optivn shall na� be exercised by Lender sf such exercise
<br /> is prohib�ted by federal law vr by Nebraska law.
<br /> TA)CE5 AND L1ENS. The foiiawing pro�isians relating t❑ the taxes and liens on the Praper�y are part of this Deed of
<br /> Trust:
<br /> Payment. Trusto�sha�i pay when due �and in all even�s p��ar�o delinquency� all taxes, special �axes, assessm�nts,
<br /> �harges �including water and sewer}, fines and impositians le�ied agains� or on accvunt ❑f the Prvp�rty, and sha��
<br /> pay when due a1i claims for work dane on vr �vr s�r�ices rendered ❑r ma�erial �urnished to the Property. Trustor
<br /> shafl maintain�he Prope�ty free ❑f all liens ha�ing priori�y o�er ar equal t❑�he interest vf Lender under this aeed of
<br /> Trust, excep� for the i�en vf taxes and assessments nvt due and except as otherwise pra�ided in this Deed ❑fi
<br /> Trust.
<br /> Right to Con�es�. Trustor may withhold payment o�any tax, assessment, ❑r claim in cvnnection with a gflvd fiaith
<br /> dispute ��er�he ❑bligation�❑ pay, so Ivng as Lender's in�erest in the Property is nafi jeopardized. If a lien arises ❑r
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