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2� 17�2392
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<br /> DEED �F TRUST
<br /> ���ntinued� P�ge � .
<br /> acknowledged by Lender in writing, �a� any b�each or v�o�ation �f any En�ironmental Laws, {bf any use,
<br /> generation, manufa�ture, starage, treatment, disposal, release ar threatened release of any Hazardous SubstanGe
<br /> on, under, abaut �r from the Praperty by any privr awners o� occupants ❑� the Property, vr Rcf any actual or �
<br /> threatened litigation vr claims ❑f any kind by any persvn relating to such ma#ters; and �3� Except as pre�iousfiy
<br /> disGlosed t❑ and a�knawledged by Lender in writing, {ay neither Trustor nor any tenent, can�ractor, agent or a#her
<br /> au�hvrized user vf the�raperty shall us�, generate. manufactur�, s�ore, treat, dispose of or release any Harardvus
<br /> Suhstance on, under, about❑r f�om #he Property; and tby any such a�ti�ity shall be conducted in compliance with
<br /> all applicable #ederal, state, and Ivcal laws, regu�ations and ordinances, including without limitation al�
<br /> Environmental Laws. Trustar authorizes Lender and its agents tv enter upon the Prnper#y t❑ make such
<br /> inspectians and tests� at Trustor's expense, as Lender rnay deem apprapriate to determine compliance of the
<br /> Prvperty with this section a�F the Deed �f Trust. Any inspections ar tests made by Lender shall be fvr Lender's
<br /> purpvses only and shall not be construed tv create any�espansibility or liability vn the part vf Lender to Trustor or
<br /> to any other person. The representatians and warranties �ontained herein are based vn Trustor's due diligence +n
<br /> in�estigating the Property for Hazardvus 5uhstances. Trustor hereby (�� releases and wai�es any future c�aims
<br /> against Lender for indemnity or contrihution in the e�ent Trustvr becomes liab�e for �leanup or vther casts under
<br /> any such laws; and ��y agrees ta Endemnify,detend, and hold harrnless L�nder agair�st any and all claims, losses.
<br /> I�ahiiities,damages, penalties, and expenses whi�h Lender may dir�ctly❑r indirectiy sustain or suffer resulting from
<br /> a breach of this s�ctivn of the Deed ❑f Trust ar as a cvnsequence of any use, generation, manufacture, stvrage,
<br /> dispasal, release or threatened release occurring priar to Trustor's ownership❑r interest in the Property.whether�r
<br /> not the same was vr should ha�e been knawn to Trustor. The prv�3sivns ❑f this section of the ��ed �f Trust,
<br /> including the obligation to indernnify and defend, shall sur�i�e the payment of the�ndebt�dness and the satistaction
<br /> and recvn�eyance of the li�n of this ❑eed of Trust and sha�l not be affeeted by Lender's acquisition of any interest
<br /> in the Prope�ty,whether by foreclosure or atherwise.
<br /> Nuisan�e, Wasta. Trustar shaii not cause, cvnduct or permit any nuisanc� nar �ammit, permit. or suf�er eny
<br /> strippin� of or waste on or to the Property or eny portian of the Property. 1Nithaut limiting the g�nerality of the
<br /> fivregoing, Trustor wi!! not rerno�e, or grant to any ather party�he right to remo�e, any timber, minerals �including
<br /> vil and gas�,�oaf, �lay,scoria, sail, gra�ei or ro�k prvducts with�ut Lender's prior written consent.
<br /> Rema�al a#Imprv�ements, Trustor shaii noi demolish vr rerna�e any Irnpro�ements from the Rea� Property rrvith�ut
<br /> Lender's privr written consent. As a condition to the remo�al❑f any Impro�ements, Lender may�equire Trustvr tv
<br /> make arrangements satis�actory ta Lender tv replace su�h Irnpro�ements with Irnpro�ements ❑f at least equal
<br /> �aiue.
<br /> Lender's Ri�ght to Enter. Lender and Lender's agen#s and representati�es may enter up�n the Real Property at all
<br /> reasonabie tim�s tv attend ta Lender's interests and to inspect the Real Property for purposes of Trustor's
<br /> camplian�e►n►ith the terms and conditions of this Deed of Trust.
<br /> Comp�ia�nce with Go�ernmerrtal Requirements. Trustvr shall promp#ly comp�y with all iaws, ordinances, and
<br /> regulations, naw Qr hereatter in effect, ❑� al! go�ernmenta! authvriti�s applicable tv the use or vccupancy vf the
<br /> Property, including without limitation, the Ameri�ans With Disabili#ies Act. Trustor may cantest in gavd #aith any
<br /> su�h law, ordinance, ❑� regulativn and withhold compliance during any proceeding, including appropriat� appeals,
<br /> sa lang as Trustor has nvtified Lender in writing prior to doing so and sv long as, in Lender's sale opinian, Lender's
<br /> interssts in the Praperty are nv# }eopardized. Lender may require Trustor to post adequate security ❑r a surety
<br /> bvnd, reasonably satisfaetvey to Lender, to prote�t Lender`s interest.
<br /> Duty to Protect. Trustor agrees neither �o ahandon �r lea�e unattend�d the Property. Trus#or shall dv al! ❑ther
<br /> acts. in additivn to those acts set'fvr�h ah�ve in this section, whi�h trom#he character and use vf the Property ere
<br /> reasvnahly necsssary to protect and preser�e the Property.
<br /> DUE ON SALE-C�NSENT 8Y LENDER. Lender may, at Lender's aption, de�iare imm�oliately dUe and payable a��sums
<br /> secured �y th�s Deed of Trust upon the sale or transfer. without Lender's priar written cdnsent, vf all ar any part of#he
<br /> Rea4 Property, or any interest in th� Real Property. A "sale or transfer" means th�con�eyance vf Real Property or any
<br /> right, title ❑r Intere5t in the Rea� Property; wheth�r legal, beneficial ar equitable; whether �olunta�y or in�alun#ary;
<br /> whether by outright sale, deed, installment sa�e contract, land contract, contract fvr deed, leasehold Enterest with e
<br /> term greater than three t3f years. �ease-vptivn cvntract, or by sale, assignment, vr transter of any benef�cia� interest in
<br /> ❑r t� any land trust holding titfe to the R�al Property, �r hy any other me�hod of con�eyance vf en interest in the Real
<br /> Praperty. Hvwe�er, this option shal4 not be exercised by Lender if such exercise is prah�bited by federal 1aw or by
<br /> Nebraska law.
<br /> TA]CE5 AND LIENS. The f�ilvwing pro�isivns relating to the taxes and liens an the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due �and in ali e�ents prior to delinquencyf all taxes,special tax�5, assessments,
<br /> charges �including water and sewery, fines and impvsitians le�ied against or on account ❑f the Prap�rty, and shall
<br /> pay when due all clairns �ar work done an or fvr ser�ices rendered vr material furnished t❑ the Property. Trustor
<br /> shall main�ain the Praperty free af ait liens ha�ing priority❑�er�r equal to the interest v�Lender under this Deed of
<br /> Trust, ex�ept for the lien o# taxes and assessments not due and except as otherwise prv�ided in this Deed of
<br /> Trust.
<br /> Righ#ta Contest. Trustor may withhvld payment of any tax, assessment, ❑r�la�m in cannection with a good faith
<br /> dispute over the ohfigation to pay. so Ivng as Lende�'s interest in the Pr�perty is nvt�eapardized. I#� lien�risas or
<br /> is #iled as a result of nvnpayment, Trustar shall within f�fteen {15f days after the lien arises ar, if a lien is filed,
<br /> within fifteen R�5} days af�er Trustor has notice of #he filing, secure the discharge vf the lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficient carporate surety hond❑r other se�urity sat�sfactory to Lender in an
<br /> amvunt sufficient t❑ discharge the �ien plus any costs and a#torneys' fees, o�vther cha�rges that�vuld accrue as a
<br /> resul�af a fore�lasure❑r sale under the l�en. In any contest, Trustvr shail defend itself and Lender and shall sa#is�y
<br /> any ad►►erse�udgment before enfvrcement against the Prvperty. Trustor shall name Lender as�n additionai vblig�a
<br /> under any surety bvnd�urnished in the cont�s�prvc�edings.
<br /> E►ridgnce of Payment. Trustar shall upon demand fu�nish ta Lender satis�actvey e�idence of payment af the taxes
<br /> ❑r assessments and shall authnrize the appropriate go�ernmental of�icia� to deli�er tv Lender at any time a writt�n
<br /> statement of the taxes and assessrnents against the Property.
<br /> Nvtice of Cvnstru�tivn. Trusto�shall notify Lendsr at least fifteen �15y days before any work is �vmmenced, any
<br /> ser�i�es are furnished� ar any materials are supplied to �he Property, if any me�hanic's lien. materialrn�n's lien� or
<br /> ❑ther lien cvuld �e asserted on account vf the work, serr►ices, or materials. Trustvr will upan request o# Lend�r
<br /> fu�nish ta Lend�r ad�ance assurances sa�istactory to Lender that �rust4r �an and will �ay the �ost of sueh
<br /> impro�ements.
<br /> PF�nPERTY��4MAGE INSURANCE. Th� tollawing pravisions relating to insuring the Property are a per�af this [3eed o�
<br /> Trust.
<br /> Maint�nenc� af �nsurance. Trustor shall pr�cure and ma�ntain poliGies o� fire insuranee with standard extended
<br /> co�erage endorsements ❑n a r�pla�ernent basis for the full insurah�e ►►alue cv�ering all Imprv�ements an the Real
<br /> Property in an arn�unt sufficient to a�oid application ofi any cainsurance �lause, and with a standard mortgagee
<br /> clause in�a�ar a#Lender. Trustvr shall also procure and maintain compreh�nsi�e general liability insuran��in such
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