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DEED OF TRUST 200300843 (Continued) Page 2 Compliance With Environmental Laws. Trustor represents and warrants to Lender that 1 1 During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Truster has no knowledge of, or aon to believe re that the has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws. IT) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Properly by any prior owners or occupants of the Property, or Id any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In writing, Ia) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Truster authorizes Lender and Its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Properly with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part Of Lender to Truster or to any other person. The representations and warranties contained herein are based on Truser's due diligence In investigating the Property fur Hazardous Substances. Truster hereby 111 releases and waives any future claims against Lender for indemnity Or contribution In the event Truster becomes liable for cleanup or other casts under any such laws; and 121 agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any Inn, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustorls ownership or Interest in the Property, whether or not the same w should have been known to Truster. Hed yruvissais of this section of the Deed of Trust, including the obligation to indemnify` shall survive the payment of the Indebtedness and the satisfaction and reconveyanoe of the lien of this Dead of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, sdil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trusmr to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Reel Property at all reasonable times to attend to Lender's interests and to Inspect the Real Property for purposes of Toaster's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use Or occupancy of the Property. Truster may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing ad and SO long as, in Lender's sole opinion, Lender's Interests in the Property are not jeopardized. Lender may require Trustor to past adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property, Truster shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Properly arc reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed 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. A "sale or transfer" means the conveyance Of Reel Property or any right, title or interest in the Real Property; whether legal, beneficial or epuiLable: whether voluntary or Involuntary; whether by outright sale, deed, installment sale contract land contract, contract for deed, leasehold Interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska Isw, TAXES AND LIENS. Thu fallowing provisions relating to the taxes and liens on the Property are part of this Deed of Trost: Payment. Trustor shall pay when due land In all events prior to delinquency) all taxes, special taxes, assessments, charges (Including water 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 fors rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal toelhe interest of Lender under this Deed of Trust, except for the lien of taxes and assessments nut due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust. Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property Is not jeopardized. If a lien arises or is filed as a result of nonpayment. Trustor shall within fifteen (15) days after the lien arises or, if a Tien is filed, within fifteen H5) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an unt sufficient to discharge the lien plus any costs and attorneys' fens, or other charges that could a s a result of a foreclosure or Said under the Tian. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Truster shall name Lender as an additional obligee under any surety band furnished in the contest proceedings. Evidence of Payment Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property.