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2� 17�2558
<br /> DEED �F TRUST
<br /> �C�ntinuedj Page �
<br /> all applicab�e �ederal, state, and Ioca� laws, regula�ions and ardinances, inc[uding without [imi�ation al�
<br /> En�ironmen�al Laws, Trustor authorizes Lender and i�s agents to enter upon �he P�operty tv mak� such
<br /> inspecti�ns and tes#s, at Trusfior's expense, as Lender may deem appropriate fio determine compli�nce of the
<br /> Property with this secti�n ❑� �he Deed �# Trust. Any inspections ar tests made b� Lend�r shall �e �or Lender's
<br /> purpases only and shall not be construed to create any responsibili�y or liability �n t�e part o� Lender�o Trustor or
<br /> �o any �ther person. The representations and �ruarranties cvntained herein are base� vn Trusto�'s due diligence in
<br /> in�estigat�ng the Property for Hazardaus 5ubstances. Trusfiflr hereby �'�� r�leases and wai��s any �u�ure claims
<br /> against Lender fvr indemnity ar cantrihution in the e��nt Trustor becomes liabl� �or cleanup ar oth�r cos�s under
<br /> any such laws; and ��y agrees to indemni�y, defend, and hold harmless Lender against any and a�! ciaims, losses,
<br /> liabi[�ties, damages, penalties, and expenses which Lender may directly ar indirectly�ustain ar su��er resulting from
<br /> a breach of this section of the Deed o'�Trust or as a �onsequence of any use, generation, manu�a�ture, s�orage,
<br /> disposai, release or threatened re[�ase occurring prior to Trustor's ownership or inr�rast in th� Prop��tyr whether or
<br /> n�t th� same was vr shvufd ha�� heen known to Trustor. The pra�isions of �his section o� the ❑eed of Trust,
<br /> including the a�lig��ivn�o indemnify and de�end, sha�l sur�i�e the paymen�❑f�he lndebtedness and the satisfaction
<br /> and rec�n��yance of the lien of this Deed of Trust and shal� nvt be affected by Lencler's acquisit�on o�any interes�
<br /> in the Property, whe�her by foreclvsure�r oth�rwis�.
<br /> Nuisance, Waste. Trus�vr shall not cause, candu�t or permit any nuisance nor commi�, permit, �r su�fe� any
<br /> s�ripping of or waste on vr tv the Property or any portion v� the Property. Vllithvut limiting the genera[ity of the
<br /> foregving, Trustor will no� remo�e, ar grant�� any other party the righ�ta remo��, any timber, minera�s ��ncluding
<br /> oil and gasy, coa�, ciay, scoria, soil, gra�el or rock praducts without Lender's prio�written consen�.
<br /> Rema�al af Irr�pro�em�nts. Trustor shall nat demolish or remo�e any lmpro�ements�From the Real Proper�y with�ut
<br /> Lender's prior wri��en consent. As a �ondit�on ta the remo�al �f any Impra�ements, Lender may require Trus�or to
<br /> make arrangements sa�is�factory to Lender to r�place such lmpro�emen�s with Impro�ements o� at I�ast equal
<br /> �alue.
<br /> Lender's R�ght ta En#er. Lender and Lender's agents and repres�ntati��s may enter upan the Real Property at all
<br /> reasonable times t� attend to Lender's interests and ta fnspect the R�a! Property for purposes a� Trustor's
<br /> comp�iance wi�h the terms and conditions❑f�his Deed of Trust. �
<br /> Campliance with Go�ernmental Requirements. Trus�or shall promptly �amply with a�� �aws, ardinances, and
<br /> regulations, now or hereafter in ef�ect, a� a�� go�ernmental authorities applicable ta the use or vccupancy of �he
<br /> Prvperty, including wi�hou� limitati�n, the Americans With Disabilities Act. Trus�or imay contest in gaod #aith any
<br /> such law, ordinance, �r regulatian and withhofd compliance during any proceeding, including appr�priate appeals,
<br /> so long as Trust�r has notifisd Lender in writing prior t❑ doing so and sQ �ong as, in Lender's sole opinian, L�nder's
<br /> int��ests in the Property are na� jeopardi�ed. Lender may require Trustor to post adequate security vr a surety
<br /> bond, reasonably satisfactory t❑ Lender, to protec�Lender`s interest.
<br /> Duty to Protect. Trus#or agrees neither �o abandan or lea�e unat�ended the Property, Trustor shall do all other
<br /> ac�s, in addition to thase a�ts set forth abo�� in th�s sect�on, which frvm the charac�:er and use a��he Praperty are
<br /> reasonably necessary�o prote�t and preser�e the Properfiy.
<br /> DUE DN SALE- �ONSENT BY LEN�ER, Lender may, at Lender's ❑pt€on, declare immediately due and payab�� all sums
<br /> secured by this ❑eed of Trust upon the sale ar transfer, without Lender's prior written �onsent, ofi all ar any part❑�the
<br /> Reaf Pr�pe�ty, or any interest in the Reai Praper�y. A "sal� or�ransfer" means the con��yance of Real Prvperty or any
<br /> right, tit�� or interest in the Reaf P��perty; whether legal, beneficial or �quitable; whether ��luntary or in�ofuntary;
<br /> whether by autright sale, deed, ins�aflm�nt sale contra�t, land �ontract, contra�t �or d�ed, leas�hold int�res� with a
<br /> term greater than thr�e �3� years, iease-optian �ontract, ar by saie, assignment, or transfer of any heneficia� interest in
<br /> or to any land trust hoiding title to the Real Property, or by any other m�thod of con�ey�nce vf an interest in the Real
<br /> Property. If any Trustor is a corpvratian, par�nership ar �imited liab�lity company, ��ansfer alsa includes any change in
<br /> ownership o�more than twenty-�i�e percent {25°/a� of the�oting s�o�k, partnership interests ❑r limited fiability company
<br /> int�rests, as the case may be, of such T�ustor. HoweWer, this option shall not he exerci�ed by Lender if such exercise
<br /> is prohibited by federal law or by Nebraska faw.
<br /> TAXES AND LIENS. The following pro�isions rela#ing to the tax�s and liens on th� Property are part of this D�ed of
<br /> Trust:
<br /> Payment. Trustar shall pay when due �and in a�l e�ents p�-ior to delinquency� all taxes, speciai�ax�s, assessments,
<br /> charges f in�iuding water and sewer�, �ines and impositions le�ied against or on account vf the Prop�rty, and shall
<br /> pay when due afl claims #ar work done on or for ser�ices render�d �r materia� �urnished to �he Property. Trustor
<br /> sha�l maintain the Praperty free of all fiens ha�ing priori�y��er or equal t�the interest v�Lender under this Deed��
<br /> Trust, except for the lien ofi taxes and assessments nat due and excep� as vtherwise pro�ided in �his Deed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold payment❑f any tax, assessment, or ciaim in conne�tion with a good �ai�h
<br /> dispute o�er the obligatian�o pay, so long as Lender's in�eres�in the Prvperty is not jeopa�dized. ff a fien arises or
<br /> is �if�d as a resul� of nonpaym�nt, Trus�or sha�l w�fihin fif�een 4�5� days af�er the lien arises or, if a lien is �iled,
<br /> within fiffieen �15} days after Trustor has notic� �f the ��ling, secure the discharge �f the lien, or i� �equested by
<br /> Lender, depasi�with Lender cash❑r a sufficient carporate surety �ond or other se�urity sa�isfac�ory ta Lender�n an
<br /> amvun�suffi�ient t� discharge the lien plus any cos�s and attarneys' fe�s, o�other charges �hat could accrue as a
<br /> r�sult of a foreclosur�or sale under�he lien. In any�on�est, Trustor shaff d�fend itsel#and L�nder and shafl satisfy
<br /> any ad�erse judgment before en�orcement against�he Property. Trustor shall name Lender as an additional obfig�e
<br /> under any surety bond furnished in the cont�st prflceedin�s.
<br /> Evidence vf Payment. Trustvr shall upon demand �urnish to Lender satis�acto�y e�i��nce of payment of the �axes
<br /> or assessm�nts and sha!! autho��ze the appropriate go�ernmental official tv deli�er ta Lender at any time a written
<br /> statement of the�axes and assessments against the Property.
<br /> Nc�tice of Construction. Trustor shall notify Lender at least fi�t��n �15� days hefor� any work is commen�ed, any
<br /> ser�i�es are furnished, or any materials are suppfied to �he �'�operty, i�any mechaniG's �ien, ma�erialmen's lien, �r
<br /> other lien �oufd be asser�ed on a��ount �f #he wark, s�r�i�es, �r materia�s. T�ustflr will upon reques� �f Lender
<br /> furnish �o Lender ad�ance assurances sa�isfac�ory to Lender that Trustar can ar�d will pay the cosfi of such
<br /> impra�ements.
<br /> PR�PERTY DAMAGE 1N5URANCE. The fo�lawing pro�isians �elating to insuring the Property are a part a�this Deed of
<br /> T�ust.
<br /> Main#enance of Insurance. T�ustar shall procure and maintain p�licies af fire insuran�e with standard ex�ended
<br /> co�erage endors�m�nts vn a rep�acement basis �or the �ull insurable �alue covering ail �mprv�emen�s on the Real
<br /> Prop�rty in an am�un� suf�icient to a�a�d appli�ation of any cainsuran�e �lause, and with a standard mvrtgagee
<br /> clause in fa�vr of Lender. Trustor shall alsv p�ocure and maintain comprehensi�� gen�ra[ I�ahility insuran�e in such
<br /> �o�erage amounts as Lender may request with Trustee and Lender being named as additiona� €nsureds in such
<br /> fiabili�y insurance policies. Additionally, Trustor shaf[ maintain such other insurance, in�luding but n�t iimited �❑
<br /> hazard, business interrup�ivn, and taoiler insuran�e, as Lender may reas�nably require. Policies shall bE wr�tten in
<br /> form, amounts, co�erages and basis reasonably acceptable t❑ Lender and issued by a company or cvmpanies
<br /> � reasonably accep#able to Lender. Trustor, upon reques� af Lender, w�l� de[i�er �o �.ender �rom time to ��me the
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