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200112779 DEED OF TRUST
<br />Loan No: 19155 (Continued) "Page 2
<br />the - Property, there has been no use, generation; manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason, to believe that there has been,
<br />"" except` agprevio `usly�disclosed•tc`eirid acknowledged bkt.Ader inVit*h"' ) any rbach`or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment; disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />a trpm the Property by any;pnor;owners or occupants of, the Property; or, (c) any actual or; threatened litigation or claims of any kind by any
<br />person; relating. a such_matters; <and (3),Except as previously.disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
<br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Trustor's ownere�,o or interest in the - Property, whether or ratthe-same was'er should have beem4rnown4o Tmstor.
<br />The provisions of this section of the Deed of Trust,, including the obligation to indemn►ty, shall survive the payment of the Indeb%dness and
<br />the sAtisfaction,,and- reconveyance ofthe�iea- of,this•Deed�,of Trust and shall not beq�Fected by Lender's acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise. 4
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any uisance nor commit, permit, or suffer any stripping of or waste on or to the
<br />Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party
<br />the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written
<br />consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
<br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements•of at least equal value.
<br />Lender's Right to Enter. ' Lender''and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property'for purposes of Trustor's compliance with the terms and conditions of this Deed
<br />Of Trust. :.
<br />Compliance with Governmental Requirements." Trustor shall promptly comply`with all, laws, ordinances, and regulations, now or hereafter
<br />to effect, of all governmental aufhorities.applicable to the use or occupancy of the Property. Trustor may contest in,good faith, any such law,
<br />vrdmance,s dr regulation and withhold compliance, during any -proceeding; including appropriate "appeals, so long as Trustor has notified
<br />Lender in'wrlYing'priorto doing s'o and so long' as, in'Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
<br />may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave` unattended the Property. Trustor shall do ail other acts, in addition to those
<br />acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
<br />Property.
<br />DUE ON SALE — CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed
<br />of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property.
<br />A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with
<br />a term greater than three (3.) gars, leas tiort,cpntrrpt, o> t?yjale� 4p -. rar4*:,Qf 466 .t�npticiat jQterael ip.se fr3. eiay tsad -trust
<br />hold++"4"tkle # 11 t 'or"6y anyi5fher meihoalfboni0yance of an Jnterest in the heal Propertyr However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water
<br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for
<br />services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or'equal to the
<br />interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the ExistiN )ndebtedness
<br />referred to below, and except as otherwise provided in this Deed, of Trust.'
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection,with a good,faith dispute over the obligation
<br />to pay,, so long as Lender's interest in, the Property, is not jeopardized ,,If a lien arises, or.is fiied,as a,resuit,of nonpayment, Trustor shall within
<br />fifteen (i'5j days`after the lien arises or, it alien is tiled, within fifteen (15) days after Trustor has notice of the filing, secure the,dischar98 pf the
<br />lien, or if requested by 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 attomeys' fees, or other charges that could accrue as a result of a foreclosure or
<br />sale'under.the lien. In'any contest, Trustor shali 'defend itself and Lender and shall satisfy any adverse judgment - before enforcement against
<br />tKe Property. Trustor shall name Lender assn additional obligee: under'any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
<br />Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or
<br />any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work,
<br />services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and
<br />will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Truster shall procure and maintain polictea of fire insure;nc e#th standard extended coverage andors ments on
<br />a repladement basis for the full insurable value covenng'ali; Improvements on the Real Property in an amount sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as
<br />Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued
<br />by a odhtpany or companies reasonably, acceptable to Lartde� Trustor; upon request of Lender, will deliver to Lender from:time to:time the
<br />policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or 4iminished
<br />without` at least ten (10) days prior written notice to Lender.' Each insurance policy,;also shall include an endorsement providing that
<br />coverage in favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real
<br />Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,
<br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is
<br />located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,
<br />up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
<br />insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly, notify Lender of any loss or damage to the Property. Lender may make proof of loss if
<br />Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is;impaired, Lender may, at Lender's election,
<br />receive and retain the proceeds of any insurance and apply the proceeds to the reduction of tfie Indebtedness, payment of any lien affecting
<br />the.Propert`yr or.the restoration and' repair'of the Property. If Lender elec%'to'apply thQ- proceeds to restoration and repair, Trustor shall
<br />repair or replace the damaged or destroyed Improvements in a manner satisfabtory 'ta Lender. � Lender shall,• upon satisfactory proof of such
<br />expenditure; pay or reimburse Trustor from'the proceeds for the reasonable; cost of, ipjwr qr restorj;iticin it'.,T ator, is ,not, in dpisult under this
<br />Deed of Trust.`,A 'pr I ds wl ichbave not been disbursed 'within 180 days aftWtheir receipt and'which'Lender has not committed to the
<br />repair or.restoration,of the Property shall be used first to pay any amount owing-to,;Lender under this Deed of Trust, then to pay accrued
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