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201704548
<br />DEED OF TRUST
<br />Loan No: 81010925 (Continued) Page 2
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacei-nerits, and maintenarice necessary to presey've its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) DuCing the period of
<br />Trustor"s ownership of the Property, there has been no use, generation, m8nufacture, storage, treatment, di-sposal,
<br />release or Threatened -release of any HaZaTdous Substance by any person on, under, about or from the Property;
<br />(2) TrListor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br />ack-nowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, undeT, about or frorn the Property by any prior owners c)r occupants of the Prope", or (0 arly actual or
<br />threatened litigation c)r clairns of any kind by any person relating to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent ar otheT
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br />SubstanGe on, under, about or from the Property; and (b) any such activity shall be conduaed in compliance with
<br />all applicabie federal, state, and local laws, regulations and OTdiriances, including without limitat-Ion all
<br />Environmental Laws. Trustar authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, at Trustorrs expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of TTUst. Any inSpeCtIOnS Gr tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to creete any responsibility or liability on the part of Lender to TrustoT or
<br />to any other person. The representations and warranties contained herein are based on TrUStGT's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future clairns
<br />against Lender for indernnity or c;ontribution in the event Trustor becomes liable for cleanup or other oosts under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, iosses,
<br />liabilifies, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage.,
<br />d-Isposal, relj3ase or threatened relea!se occUTT-3ng prior to Trustor"s ownership or interest in the Property, whather or
<br />not the serne was or should have been known to Trustor. The PTOViSiGnS of this section of the Deed of Trust,
<br />inGluding the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the I -len of this Deed of Trust and shall riot be affected by Lenders acquisition of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not causer conduct or permit any nuisance nor commit, perr-nit, or suffer any
<br />stripping of or waste an or to the PropeTtV or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustar will not remove, or grant to any other party the right to remove,, any timber, minerals (including
<br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender Is prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's pr-lor written consent. As a condftion to the removal of any Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />value�
<br />Lender'rs Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br />reasonable limes to attend to Lender's interests and to inspect the Real Property for purposes of Truster's
<br />compliance w-Ith the terms and conditions of this Deed of Trust.
<br />Compliance v%dth Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulafions, now or hereafter in effect, of all governmental authonfies applicable to the use or occupancy of the
<br />Property, including without fimitation, the Americans With DIsabilives Act. Trustor may contest in good faith any
<br />-such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
<br />so long as Trustor has notified Lender in wrtng prior to doing so and so long as, in Lenderrs sole opinion, Lerider"s
<br />interests in the Property aire not jeopardized. Lender may require Trustor to post adequate security or a surety
<br />bo n dr re a so nab ly s atis fa cto ry to Lend er, to p rote ct Lon d er's i nterest.
<br />Duty to ProteGt. Trustor agrees neither to abandon or leave unatterided the Property. Trustor shall do all other
<br />acts, in addition to those acts set forth above in this section, whIch from the character and use of the Property are
<br />reasonably necessary to prc)tect and preserve the Property.
<br />DUE ON SALF- - CONSENT BY LENDER. Lender may, at Lender T S option, declare immediately due and payable all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br />Real Property, or any interest in the Real Property. A 'sale or transfer" means the conveyance of Real Property or any
<br />right, title or interest irt the Real PTOP61-ty; whether legal., beneficial or equitable; vvhether voluntary or involuntary;
<br />vvhether by outright sale, dead, installment saIG Gontract, land GOntract, cantract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-eption contract, or by sale, assEgnment, or transfer of any herieficial interest in
<br />OT W any land trust holding title to the Real Property, or by any other m6thod of conveyance of an interest in the Real
<br />Property. However, this optibn shall not be exercised by Lender if such ex�ercise is prohibited by federal law or by
<br />Nebraska law.
<br />TAXES AND LIENS. The foliowing provi-sions relating to the taxes and liens on the Property are part of this Deed of
<br />Trust:
<br />Payrnent. Trustor shall pay when due (and in all events pflor to delinquency) all taxesi special taxes, assessments,
<br />charges (including water and savver), fines and impositlions levied against or on account of the Property, and shall
<br />pay vvhen due all claims for work done an or for services rendered or material furnished to the Property. Trustor
<br />shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of
<br />TTust, except for the lieri of taxe-s and as-ses-sments not due arid except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
<br />dispute over the obligation to pay, so [ong as Lender's interest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br />within fifteen (I 5� days after Trustor has riotice of the filing, secure the discharge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys" fees, or other charges that could accrue as a
<br />resull of a foreclosure or sale urider the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy
<br />any adverse judgment before enforcement against the Property. Trustor shell nerne- Lender as an ad-ditional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon dernand furnish to Lender satisfactory eviderice of paymerit of the taxes
<br />or assessments and shall authorize the appropriate gGV6TnM6ntal official to deliver to Lender -at any time a w-ritten
<br />statement of the taxes and assessments against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, it any mechanic's Ilen, materialmen's lien, c) -r
<br />other lien could be asserted on account of the work, services, or materials. Trus -tor will upon request of Lerider
<br />furnish to Lender advarice assurances satisfactory to Lerider that Trustor, can and will pay the cost c)f such
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