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2� 17�2358
<br /> vE�v oF -r�usT
<br /> ��ontinued� Page �
<br /> Prvperty shall be g��erned hy�he fallowing pra�isions:
<br /> Pvssession and Use. un�il the occurrence o� an E�ent ofi Default, Trustor may t 13 remain in passession and
<br /> control vf the Property; �2� us�, operat�or manage the Proper�y; and �3y callect the Rents frvm the Property.
<br /> Duty to Ma�ntain. Trus�ar shall maintain the Property in �enantable condition and p�omp�ly perform all repairs,
<br /> replacements, and main�enanCe necessary to preser�e its�alue.
<br /> ` Campliance With Environmental Laws. Trustor represents and warranfis ta Lender that: ��� ❑uring th� period of
<br /> Trustar's ownership of the Prvperty, ther� has been n❑ use, generation, manufacture, stvrage, trea'tment, d�sposal,
<br /> release vr threatened �-elease of any Hazardous SubstanCe hy any person on, under, about or from the Proper�y;
<br /> {2} Trustar has no knawledge of, vr reasvn tv belie�e that�here has been, except as pre�iously disclosed to and
<br /> acknowledged by L�nder in writing, �a� any breach or �ivla�ion �f any En�ironmental Laws, tby any use,
<br /> generation, manufacture, storage, treatment, dispvsal, release �r thr�at�n�d release ofi any Ha�ardaus Substance
<br /> an, under, about ar from the Property by any priar owners or occupants af the Prop�r�y, ar tcy any ac�ual or
<br /> threatened litigatian or claims o� any kind by any person rela#ing to such matters; and �3y Except as pre�iously
<br /> disclosed ta and acknowledged by Lender in writing, �a� neither Trust�rr nor any tenant, �ontract�r, ag�nt or o�her
<br /> authori�ed user af the Property sha�( use, generate, manufacture, store, treat, dispvse of ar releas� any Hazardous
<br /> Substance on, under, about vr from�he Prope�ty; and �b} any such acti�ity shafi be cvnduc�ed in compliance with
<br /> all applicabfe f�d�ral, s�ate, and i�cal laws, regulativns and ordinances, inc�uding without limitativn all
<br /> En�ironm�ntal Laws. Trustor authorizes Lender and its agents to enter upon the Property tv mak� such
<br /> inspec�ions and �ests, a� Trustor's expense, as Lender may deem appropriate to determine complianc� of the
<br /> Proper�y with this section of the Deed of Trust. Any inspec�ions or tests made by Lender shall be fior Lend�r's
<br /> purposes on�y and shall no� be construed ta create any responsibility vr liabif�ty �n the part of Lender to T�ustar or
<br /> to any other person. The representations and wa�ranties con�ained herein are based on Trus�or's due diligence in
<br /> in�estigating �he P�oper�y �or Hazardous Substances. Trustor hereby �1� r���as�s and wai�es any future claims
<br /> a�ainst Lend�r for indemni�y or �ontributian in the e�ent Trustor becomes liable for eleanup ar oth�r costs under
<br /> any such laws; and �2� agrees to indemnify, de�end, and hold harmless Lender against any and all claims, Iosses,
<br /> liabilities, damages, penaities, and expenses which L�nder may dire��ly vr indirectly sustain or suffer resulting from
<br /> a �reach o# this section o�the Deed of Trust or as a �onsequence of any use, generation, manu#acture, storage,
<br /> disposal, release vr threatened release occurring prior to Trus�or's vwnership ar interest in th� Prope�ty, whether or
<br /> no# the same was ❑r shauld ha�� be�n known to Trustor. The pro�isions ❑f this sec#i�n �� the aesd of Trust,
<br /> in�luding the vhligation to indemnify and defend, shall sur�i�e the payment of�h� �ndebt�dness and the sa�isfa�#ivn
<br /> and �econ�eyance of th� lien o�this Deed of Trust and shaff not be a��ected by Lender's a�qu�sitian o�any in�eres�
<br /> in the Property, whe�her by�or�closur�❑r o�h�rwise.
<br /> Nuisance. Vllaste. Trustor shall not cause, conduc� ar permit any nuisance n�r commit, permit, ar su��er any
<br /> str6pp�ng of or was�e on ar �❑ the Prvperty or any p�rtion o�F �he Property, VIJi�hout lim�ting �he general�ty a� the
<br /> �areg�ing, Trus�or wil� not remo�e, or grant to any vthe� party the righ�to remo�e, any �imber, minerals �inc(uding
<br /> vil and gas}, cval, clay, s�a�ia, soil, gra�el ar rock products withvut Lender's prior written cons�nfi.
<br /> Remv�ai af fmprv�ements. Trustvr shall na�demolish vr rem��e any Impro�emen�s from the Rea! Proper�y without
<br /> Lender's prior wri��en consent. As a condition tv the remo�a� vf any �mpro�ements, Lend�r may require Trustor�o
<br /> make arrangemen�s satisfactory t❑ Lender to r�plac� such Impro�ements with Impro�ements o� at leas� equal
<br /> �alue.
<br /> Lender's Right tv Enter. Lender and Lender's agen�s and representati�es may enter upon the Rea( Pr�perty at all
<br /> reasonable times to attend to Lend�r's interests and to inspect the Real Pr�perty �or purpases of Trustor's
<br /> camp��ance with th�terms and �onditians of this ❑eed o�Trust.
<br /> Complian�e with Go�ernmentai Requirements. T�ustar shall pramp�ly comply with all laws, ordinances, and
<br /> regulations, now or herea�te� in effec�, of all ga�ernmenta! authorities applicable ta th� use or occupancy o� the
<br /> Praperty, including without �imitatian, the Americans With ❑isab�lities Act. Trus�vr may confiest in gvad faith any
<br /> such law, ordinan�e, or regulativn and withhold compliance du�ing any proceeding, in�luding app�opria�e appea[s,
<br /> so long as Trustor has not��i�d L�nder in wri�ing prior to daing so and so fong as, in Lender's s�f�opinian, Lender's
<br /> interests in th� Prvperty are not jeopardized. Lender may require Trustor to post adequate s�cu�ity or a surety
<br /> bvnd, reasonably sat�sfac�ory ta Lender, to pra�ect Lender's interest.
<br /> Duty �o Protect. Trustor agrees neither to abandon or lea�e unat�ended the Property. Trustor shall dv a�� other
<br /> acts, in addi�ivn to those acts set forth abo�e in this section, which from the character and us� o�the Property a�e
<br /> reasvna�iy necessary t❑ protect and preser�e�he Proper#y,
<br /> DUE�N SALE- C�NSENT BY LENDER. Lender may, at Lender`s option, decfare immediately due and payable a�l sums
<br /> secured by this D�ed o�Trus�upvn the safe or trans#er, withaut Lender's prior written cvnsent, of all ❑r any part of the
<br /> Rea! Property, ar any interest in �he Real Praperty. A "sale or transfer" means the �an�eyance of Real Property �r any
<br /> right, title or interest in th� Real Property; whether legal, ben��icial Qr equi�able; whether �oiuntary or �n�ofuntary;
<br /> whether by outright sale, deed, installmen� sale cvntra�t, land �onfiract, contract for deed, leasehold infierest with a
<br /> term greater than three {3y years, leas�-option con�ract, or by sale, assignment, or t�ansfer of any �enefiicia! fnterest in
<br /> . or ta any land trust holding �itfe to the Real Property, ar by any ather method �� c�n�eyance of an interest in the Real
<br /> Property. I# any Trustor is a corpora'�i�n, partn�rship vr limited liability company, �ransf�r ais� includes any change in
<br /> ownership of more than�w�nty-fi�e percent �2�°/ay v�the �ot�ng stock, partnership in#erests or I�mited �iabili#y company
<br /> in�erests, as the case may be, of such Trustor. Howe�er, this option shall no� be exer�ised by Lender i�F such exer�ise
<br /> is prohibi�ed by�ederal law or by Neb�aska law.
<br /> TAXES AND LiENS. The foflowing pro�isions rela�ing to '�he taxes and liens an the Proper�y are part o� this Deed vf
<br /> Trust:
<br /> Payment. Trustor shall pay when due �and in all e�ents priflr to delinquencyy aff taxes� spec�al taxes, assessments,
<br /> �harges �including wat�r and sewer�, �in�s and impositians le�ied against or an account a�the Prvper�y, and shali
<br /> pay when due all claims �or work done vn or far ser�ices rendered vr material furnished to the P�aperty. Trust�r
<br /> shaff maintain the Praperty free of a1! fiens ha�ing priority o�er or equai to the Fn�eres�❑f Lender unde�this Deed of
<br /> Trust, except for the �ien �f taxes and assessm�nts not due and except as otherwis� pro�ided in this Deed o�
<br /> Trust.
<br /> Right to Contest. Trus�or may withhnld payment❑f any tax, assessment, o� c�a�m in �onnection with a govd faith
<br /> dispute o�er th� obligation to pay, so long as Lender's �nterest in the Property is not jeopardi�ed. 1f a lien arises ar
<br /> is fi�ed as a resu�t ❑� nonpayment, Trustor shall with�n fif�een 4�5� days after the lien arises ar, if a lien is filed,
<br /> within #ifteen �15} days afte�- Trus�or has notice of the f�ling, secure �he dis�harge af the lien, or if request�d hy
<br /> Lend�r, deposit with Lender cash or a sufficient��rporate surety bvnd ❑r other security satis#actory to Lender in an
<br /> amvun�sufficient ta discharge the lien plus any costs and at�orneys° fees, or other charges that could accrue as a
<br /> resu�t of a forecfosure or sale under the lien. In any contest, Trus�or shall defend itself and Lender and sha��satis�y
<br /> any ad�erse judgment before enforc�ment aga�nst the Property. Trus�or shalf name Lender as an additiona�ot�ligee
<br /> under any surety b�nd#urnished in the contest proceedings.
<br /> E�idence af Payment. Trustor shall upon demand furnish to L�nder satisfactory e��d�nce of payment ofi the tax�s
<br /> ❑r assessmen�s and shall au�horize the apprapriate go�ernmental o#ficial to deli�er�o Lender at any time a wr€tten
<br /> stat�m�nt of�he taxes and assessments against the Prvpe�ty.
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