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2� 17�2391
<br /> 1
<br /> �EED �F TRUST
<br /> �C�ntinued} Pag� 2
<br /> an, under, abaut ar from the Property by any prinr vwners ar Qecupants at th� Property, or 4c� any a�tua! or
<br /> threatened litigation vr claims vf any kind by any person relating to such rnatters; and {3f Except as pre�iously
<br /> disclosed to and acknowledged by Lender in writing, ta} neither Trust�r nor any tenant,�pntractor,agent or other
<br /> authorized user of the P�operty shall use, generate, manufacture, store, treat, dispose�f or reiease any Hazard�us
<br /> Substance on, under,abaut or from the Property; and tby any su�h acti�ity shall be conducted in compliance with
<br /> al! appiicatale federal, state, and local laws, regulations and vrdinances, in�luding writhvut lim�tativn all
<br /> En�iranmental Laws. Trustor authvriaes Lender and its agents t� ente� upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Len�ler may �Jeern appropriate �o d�termine �vmpliance vf the
<br /> Property wi�h this seCtion af ihe ❑eed of Trust. Any inspections ar tests rnade by Lender shal4 be �ar Lender's
<br /> purposes❑niy and shall n�t be construed to create any responsibili�y or liability vn the par�❑f Lender to Trustor ar
<br /> to any ather persvn. The rep�esentativns and warranties contained herein are based on Trustar's due diligence in
<br /> in�estigating the Property for Hazardvus 5ubstances. Trustor hereby [1 y releases and wai�es any futu�e claims
<br /> against Lende� for indemnity ar �antribution in the e�ent Trustvr hecomes I�ab#e for cfeanup ar other cQsts under
<br /> any such laws; and 4Zl agrees to indemnify, defend, and hold harmless Lender against any and all claims, Ivsses,
<br /> liabilities, damages, penalti�s,and expenses which Lender rnay directly or+rrdirect�y sustain or su#fer resul�ing fram
<br /> a breach vf this se�tion of the ❑eed of Trust or as a cvnsequence af any use, generativn, manufacture, storage,
<br /> dispasaf, release or threatened release occurring prior to Trustvr's�wnership or 3nterest�n the Property, whether or
<br /> not the same was vr should have been known t❑ Trustvr. The pro�isions af this section af �he Deed a# Trust,
<br /> inc�uding the obligation to indernnify and defend, shall sur�i�e the payment of the Indebtedness and the satisfac�ion
<br /> and recon�eyance vf the fien of this Deed�f Trust and shali not be affected by Lender's acquisi�ian af any interest
<br /> in the Property,whether by fors�lasure or otherw+se.
<br /> Nuis�nce. Waste. Trustor shall not �ause, conduct ar permit any nuisance nor camrnit� perrnit, vr suffer any
<br /> stripping of or waste vn or tv the Property or any portion o� the Property. Without iimiting the generality of �h�
<br /> foregoing, Trustor will not rerna�e, or grant to any other party the right to rema►►e, anY timber, mfnerals tincluding
<br /> vil and gas�, coal,c1ay,scoria, soil,gra�el ar rock products without Lender's prior written consent.
<br /> Remo�al af Impro►►er�nents. Trustar shall nvt demolish or remo�e any�mprv�ements from th�Rea� Property without
<br /> Lender's prior written consent. As a cond�tivn to the remo�al of any Imprvvements, Lender may require Trustor t�
<br /> make a�rangernents sat4s#actory ta Lender to replac� such Irnprvvements with Impro�ernents of at lesst equal
<br /> �alue.
<br /> Lender's Right to Enter. Lender and Lender's agents and �representati�es may enter upon the �tea� Praperty at all
<br /> reasanable times to attend to Lender's interests and to inspect the Real Property for purpvses of Trustar's
<br /> cvmpliance with the�errns and c�nditions of this Deed of Trust.
<br /> Campliance with Gv�ernmental Requirements. Trustor sha�t promptly compfy w�th ail laws, ordinances, and
<br /> regulatiflns, naw or ��reafter �n effe�t, vf all ga�ernmental autharities applicable ta the use or ❑ccupancy �# the
<br /> Praperty, including without limitation, the Americans With Disabilities A�t. Trustor may �ontest in good f�ith any
<br /> such law, ordinance, vr regulativn and withhvld compliance during any pro�eeding, incfuding appropriat� �ppeels,
<br /> so lvng as Trustor has nvtified Lender in wri#ing prior to daing sv and s�long as, in Lender's svi�apinion, Lender's
<br /> interests in the Property are not jeopardized. Lender rnay require Trusto� t❑ pvst adequate security or s� surety
<br /> t�ond, reasanabl�satisfactary to Lend�r,t❑prv#ect Lender's interest.
<br /> Duty to Prvtect. Trustor agrees neither to abandvn or lea�e unattended #he Property. Trustvf shell d❑ �II �ther
<br /> acts, in addition tv th�se a�ts set fvrth ahv�e in this section, whi�h from the Gharacter and use of the Pfaperty are
<br /> reasanably necessary tv protect and pres�r�e the Prop�rty.
<br /> �11E flN SALE- CDNSENT BY LENDER. Lender may, at Lender's option.deGlare imrnediately due and payable ail sums
<br /> secured by this Deed vf Trust upon the sa�e or transfer, without Lender's prior written cvnsent, of all❑r eny part v�th�
<br /> Real Property, or any interest in the Real Property. A "sale ar transfer" means the con�eyan�e of Real Prvp�rty❑r eny
<br /> right, title or interest in the Real Property; whether #egal, beneficial ar equitable; wheth�r �vluntary or in�vluntary;
<br /> wh�ther hy ❑utright sale, deed, instaffinent sale cvntract, land contract� cvntract fvr deed, leaseho�d intgrest with a
<br /> term greater than three �3y years, lease-aption contract, or by sal�, assignment, ar trans#er afi any beneficial interest in
<br /> or to any land trust holding tit�e to the R�al Praperty, or by any other method ❑f con�eyan�e of an int�rest in the Real
<br /> Property. If any Trustar is a corporatian, partnership or limited liahility company, transfer also in�fudes any �hange in
<br /> ownership af more than twenty-fi�e percent tZ5°/of of the�oting stock, partnership interests or limited liability campany
<br /> interests, as the case may be, vf suGh Trustor. Hawe�er, this�ption shall not be exer�ised by Lender if such exercise
<br /> is prvhit�ited t�y fede�a�law or by Ne�raska law.
<br /> TAKES AND L1EN5. The following pra�isians relating to the taxes and �iens on the Property are part of this ae�d af
<br /> Trust:
<br /> PaymsrYt. Trustor shall pay when due tand in all e�ents prio�to delinquen�yf ail taxes, speci�l taxes� assessments,
<br /> �harges �+n�luding water and sewerf, fiines and impasit+ons le�ied aga�nst or on account❑f the Property, and sha#�
<br /> pay when due all claims fvr work done on �r far services r�nder�d vr material furnished to the Prope�ty. Trustor
<br /> shall rnaintain the Proper#y free af ali liens ha�ing priority v�er or equal t�the interest�f Lender under this Deed of
<br /> Trust, except for ths lien of taxes and assessments not r�ue and except as atherwise prc��ided in this Deed at
<br /> Trust.
<br /> Right to Can#est. Trustor rnay w�thhald paym�nt af any tax, assessment, ar ciaim i�canneGtivn with e gvvd faith
<br /> dispute o�er the obliga#ion t�pay,so long as Lender's interest in the Pr�perty is not�eopardized. If a �ien aris�s ar
<br /> is t+led as a result at nanpaymen�, Trustor shall within fifteen ��5� days after the lien arises or, �i a lien is filed,
<br /> within fifteen �15� days after Trustor has n�tice of the filing, secure the disGharge of the li�n, or if t'equested by
<br /> Lender,deposit with Lender cash or a sufficient corpvra�e surety bvnd or other security satisfa�tory tv Lender in an
<br /> amvunt sufficient to discharge the lien p�us any costs and attorneys' fees, vr vther�harges that�ould accrue es a
<br /> resuit of a foreclosure or sale under the lien. �n any contest,Trustar shall defend itself and Lender and shali satisfy
<br /> any ad�erse judgrnent befo�e en�orcement against th� Proper�y. Trustar shall name L�nder as an additional❑h�igee
<br /> under any surety band furnished in the cantest pro�eedings.
<br /> Evidance nf Payment. Trustvr shall upon demand furnish tv Lender satisfactary e�idence af payment o�the taxes
<br /> or assessments and shall authorize the appropriate ga�ernrnental official tv deli�er t� Lender at any#ime a written
<br /> staternent of the tax�s and assessments against the Property.
<br /> Natice of Constructian. Trustvr shall notify Lender at least fifteen f 15} days b�fvre any work is cornmenced, any
<br /> ser�ices are furntshed, or any materiais are supplied to the Prvperty. if any mec�anic's lier�, rnaterialmen's �ien, ar
<br /> other lien could �e asserted on acc�unt vf the work, ser�+ces, or materia�s. Trustor will upan request of Lender
<br /> turn�sh to Lender ad�an�e assurances satisfac#ory to Lender �hat Trustar can and will pay the cost of such
<br /> impro�ements.
<br /> PRDPERTY D�IiNAGE INSURANCE. The follawing pra�isians relating to insu�ing the Property are a part❑t this ��ed vt
<br /> Trust.
<br /> Maintenance vf Insurance. Trustor shall procure and mainta+n poli�ies af fire insurance with stand�rd extended
<br /> co�erage endarsements on a �eplacernent basis for the full insurab�e �alue co►►ering all Improvements on the Rea�
<br /> Property in an amount sutticien� to avoid application of any cvinsuranGe clause� and wi#h a standard mortgagee
<br /> clause in fa�or of Lender. Trustor shall also procure and maintain�vmprehensi�e�eneral liability insuranCe in such
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