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2� 17�2791
<br /> DEED DF TRUST
<br /> �Continued� Page 2
<br /> authorized user of the Property shall use, g�n�rat�, manu�acture, store, treat, dispose of or release any Hazardous
<br /> Substan�e on, under, about or�rom the Property; and 4bf any such acti�ity shall be conduc#ed in comp�iance wi�h
<br /> afl app�icakr�e federal, s'�ate, and I�caf laws, regulations and ordinances, including without limitafiion all
<br /> En�ironmentai Laws. Trustor authorizes Lender and its agents #o enter upon the Prvperty �o make such
<br /> inspections and tes�s, at Trust�r's expense, as Lende� may deem appropria�e to determine compiiance of the
<br /> Property with this se�ti�n of the Deed of Trust. Any inspections or tests made by Lender sha�l be for Lender's
<br /> purp�ses only and shaff not be �onstrued tfl cr�ate any responsibili�y or liabili�y vn the part�f Lender to Trustor❑r
<br /> �o any o�her person. The representations and warranties contained herein are based on Trustor's due diligence �n
<br /> in�estigating the Property for Haza�dous 5ubstances. Trus�vr hereby ��� releases and wai�es any fu�ure claims
<br /> against Lender for indemnity or contribution in the e�en� Trustor �e�vmes liabl� #�r cf�anup ar other costs under
<br /> any such laws; and ��3 ag�e�s to indemnify, defend, and hold harmless Lender against any and all claims, lvsses,
<br /> lia�ili�ies, damages, penaities, and sxpenses which Lender may directly nr indire�tly sustain or suffer resulting from
<br /> a breach of this section o�the Deed of Trust ar as a consequence af any use, generation, manufacture, stvrag�,
<br /> dispvsal, release or threaten�d r�i�ase occurring priar�o Trus�vr's ownership or interest in the P�operty, whether or
<br /> not the same was or should ha�e �een known ta Trustor. The pro�isions of this section o� the Deed of Trust,
<br /> including�he obligatF�n to €nd�mnify and defend, shall sur�i�e�he paymen�of the Indebtedness and the satisfaction
<br /> and recon�eyance a��he lien of this Deed of Trust and shall no�be affected by Lender's acquisition�f any interest
<br /> in the Property, wh�ther by foreclosure or otherwis�.
<br /> Nuisan�e. Vllaste. Trustor shall not cause, conduct or permit any nuisanc� nor commit, permi�, or suffer any
<br /> stripping vf vr waste on o� to the Prvper�y or any por�ian ❑f the Property. Vllithout ��miting the generality of the
<br /> faregoing, Trustor wil� na� remo�e, or grant ta any other party the right t� remo�e, any timber, minerals �incfuding
<br /> oil and gas�, coal, clay, scoria, soil, gra�el or rock products with�ut Lender's pri�r written cvnsent.
<br /> Remo�ral vf lmpro�ements. Trustor sha�! nat demolish or remo�e any impro�em�nts from the Reai Proper�y withvut
<br /> Lender's prior written cons�nt. As a cond�tivn tv tE�e remv�al of any Impra�ements, Lender may require Trus�or to
<br /> make arrangements satis�actory to Lende� to rep[ace such Impro�ement� with Impro�ements o� at least equal
<br /> �alue.
<br /> Lender's Right to Enter. Lender and Lender's agents and representati�es may enter upon the Rea� Property at alf
<br /> reasonabie times to attend to Lender's int�r�sts and to �nspe�t the Real Property fvr purposes of Trustor's
<br /> compfianc�with the terms and cvnditions�f this Deed af Trust.
<br /> Compliance with GoWernmen�ai Requirements. Trustar shall prompt�y �omply with all laws, ordinances, and
<br /> regula�ivns, naw or hereafter in effec�, of all �o��rnmental authorities applicable �o the use or �c�upancy o� �he
<br /> P�-aper�y, including without limitation, the Americans With Disabilities Act. Trustor may contest in govd faith any
<br /> such law, ardinance, o� regulativn and withhold campliance during any proceeding, including �pp�opriate appeals,
<br /> so �ong as Trustvr has noti�ied Lender in writing prior to doing sv and so long as, in L�nder's soie opinion, Lender's
<br /> interests in the Property are not jeopa�dized. Lender may require Trustor tv post adequafie se�urity ar a surety
<br /> bon�l, reasona�ly satisfactary t❑ Lender, to protect Lender's in�eres#.
<br /> Duty �a Protecf. Trustor agrees ne�ther to a�andan or fea�e unattended the Proper#y. Trustar shall do all o�her
<br /> acts, in addition to thvse acts set farth abo�e in this se�tivn, which frvm the charac�er and us� vf the Proper�y are
<br /> reasonably necessary�v pro�ect and preser�e the P�operty.
<br /> DUE�N SALE-�ONSENT BY LENDER. Lender may, at L�nder's option, declare imrnediately due and payab[e a!I sums
<br /> secured by this D��d o�Trust upon the sale or transfer, without Lender's pr�or written �vnsent, of all or any part a�the
<br /> Rea� Property, or any interest �n the F�eal Proper�y. A "sale or transfer" means th� con�eyance af Real Prvperty �r any
<br /> right, title or interest in the Rea� Property; whe�her iegal, beneficial or equitable; whether �oluntary or in�oluntary;
<br /> whether by outright safe, de�d, instai�ment sale con�rac�, land contract, contract for deed, leasehvld in�erest with a
<br /> �erm greater than three �3} y�ars, lease-optivn cvntract, or by sale, assignment, or transfer o�any beneficial interest in
<br /> or to any land trus� holding title to the Real Property, or hy any other method of con�eyance ❑f an interest in the Real
<br /> Proper�y. I� any Trustor is a corporation, partn�rship or limited liahility company, transfer alsv incfudes any change in
<br /> ❑wnership of more than twen�y-fi�e percent ��5°/of af the��t�ng stock, partnership interesfis or iimi�ed liabi€ity company
<br /> interes�s, as the case may be, of such Trustor. Howe��r, this aptian shall not be exercis�d by Lender if such exercise
<br /> is prahibi�ed by federaf law or hy Nebraska law.
<br /> TAXES AN❑ LiENS. The fofEow�ng pro�isivns relating tv �he �axes and liens on th� Property are part vf �his Deed o�
<br /> Trust:
<br /> Payment. Trustor shall pay when due �and in ai� events prio�to d�linquency� all taxes, special taxes, assessmen�s,
<br /> charges �inciuding water and sewery, �ines and im�asitions le�ied aga�nst or vn accoun�t of the Property, and shall
<br /> pay when due a!� cla�ms for work done ❑n or for ser�ices rendered or mat�r€a� �urnished to �h� Prvperty. Trustor
<br /> shall main�ain the Prape�ty free of all fiens ha�ing priori�y o�er or equaf to the interest❑f Lender under this D�ed v�
<br /> Trust, except for the li�n v� taxes and assessments not due and except as otherwise pro�ided in this Deed of
<br /> Trust.
<br /> Right to Cvntest. T�ustvr may withhofd payment of any tax, assessment, �r claim in cannectian with a good faith
<br /> dispu�e❑�er the ohligation to pay, so �ong as Lender's int�rest in the Property is not jeopardi�ed. !f a lien arises ar
<br /> is filed as a result af nonpayment, Trustar shall within �ifi�e�n ��5� days after the lien arises or, if a li�n is fif�d,
<br /> within fifteen �15� days a�ter Trustor has notiGe af the filing, secure the dis�harge af the lien, ❑r if rgquested by
<br /> L�nder, dep�sit wi�h Lender cash�r a su��icienfi cvrpvrate surety bond or o�her se�urity satisfactory to Lender in an
<br /> amount sufficient�v dis�harge the fien p�us any costs and attorneys' fees, or o�her charges that cou�d accrue as a
<br /> result o�a��rec�osure ar sale under the fien, In any contest, Trusto�shall de#end itself and Lender and sha11 satisfy
<br /> any ad�erse judgment befvre enforcement against the Praperty. Trustvr shall nam� Lender as an additionai ob�igee
<br /> under any surety band furnished in the cvntest pr�ceedings.
<br /> E�idence o�Payment. Trustor shall upon demand �urnish to Lender satisfactory e�idence o� payment of the taxes
<br /> or assessmen�s and shal� authoriz� the apprapria�e go�ernmen�al official to deliWer ta Lender at any time a writt�n
<br /> stat�m�n�of the taxes and assessments against the� Property.
<br /> Notice af Construction. Trust�r shai� nati�y Lende� at least fiifteen ��5} days before any work is commenced, any
<br /> ser�ices are furnished, or any materiafs ar� supplied to �he Property, if any mechanic's fien, materia�men's lien, or
<br /> other fien could he asserted an accvunt vf the work, ser�ic�s, ar materials. Trustor will up�n request of Lender
<br /> furnish ta Lender ad�ance assurances sa�isfa�tvey �a L�nder that Trustor can and wiil pay the cost af such
<br /> impro�ements.
<br /> PRQPERTY DAMAGE INSIJRANCE. Th� �ollowing pro�isions rela�ing to insuring the Property are a pa�t of this Deed of
<br /> Trust.
<br /> Maintenance vf Insurance. Trustor shall pro�ure and main�ain policies of fire insurance uvith standard extended
<br /> c��erage endorsem�nts on a repiacement basis for the �Full insurable �alue co��ring afl fmpro�em�nfis on the Reai
<br /> Property in an amvunt suf�icient to a�aid application ofi any coinsurance clause, and with a standard mortgagee
<br /> cfaus� in fa�or ofi Lender. Trustor shal! also procure and ma�ntain comprehensi�e general �iability insu�ance in such
<br /> co�erage amvunts as Lender may request with Truste� and Lender being narfled as additionaf insureds in such
<br /> liability insu�ance policies. Addi�ionally, Trustor shai� ma�ntain such othe� insurance, including but not limited to
<br /> hazard, business interrup�ion, and boiler insurance, as Lender may reasonat��y require. Pali�ie� sha[f be wri�ten in
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