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DEED OF TRUST 200204932
<br />Loan No: 9002 (Continued) Page 2
<br />Comas anw With Envimmnemel Law.. Trustor rap'eaents and wartanie to Lntla that ll) Doing the period at - .color's ownaMip
<br />of the Pmporty. [bore has been no e. generation. menufactum, storage, ueatmenq disposah telaeae a thimtmed'elssse of any
<br />Hazardous Substance by any Person on, under, about or from the Property; (2) Trustor has no knowledge at, or reason to believe
<br />that theta has been, except as previously disclosed to and acknowledged by Lender in writing, la/ any breach or violation Of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, assistant, disposal release or mreetened release of any
<br />Hazardous Substance on, under, about or tram the Property by my prior owns of occupants Of the Property, Or (d any actual or
<br />threatened litigation or claims of any kind by any person relating to such mettas; and (3) Except as previously disclosed to and
<br />acknowledged by Lender an writing, fill nahher Trustor nor any tenant, contractor, agent or order asJunized user of the Property
<br />shall use, generate, manufacture, store, fruit, dispose of or release any Hazardous Substance on, under, about or from the Property:
<br />and (b) any such activity, shall be conducted In compliance with all applicable federal, state, and local laws, regulations antl
<br />ordinances, including without limitation all Env'eonmartal Laws. Trustor authorizes Landes end its agents to enter upon the Praperty
<br />to make such inspections and tests. at Truster's expense, as Lander may deem appropriate to determine compiance of The Property
<br />with this section of the Dead of Trust. Any inspections or fester made by Lantler shall be for Lender's purposes only and shall not be
<br />nsiruad to create any anponsiblity or liability on the part of Lander to Trustor or to any other person- The representations and
<br />warrandies contained herein are based on Truster's due ddipen n in n estigetng the Property for Hazardous Substances. Trurfor
<br />hereby (1) releases and waiver any future claims against Lender for indemnity or contribution in the want Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify and held harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lander may directly or indirectly sustain or suffer resulting from a breach of this
<br />section of the Dead of Trust or as a eansequnce of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Truster 'a ownership or interest in the Property, whether or not the same was or should have ben known to Trusts'.
<br />The provisions of this section of the Dead of Trust, including the obligation to Indemnify. shall survival the payment of me
<br />Indebtedness and the ragsfaction and reconveyance, of the lien of this Deed of Trust and shill not be effected by Lender's acquisition
<br />of any Interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance. Wt-ni Trustor shall not cause, conduct or permit any airlines nor commit, permit, or suffer any stripping of or waste on or
<br />to the Property or any portion of the Property. Without limiting The generality of the faregong, Trustor will not remove. or grant to
<br />any other parry me right to remove, any timber, minerals (including oil and gas), cod. clay, Trans, sal, gravel or rock products
<br />without Lender's prior written consent.
<br />patrovd or Impra arrana . Trustor shall not demolish or remove any Improvements from the Real Property without Landei s prior
<br />written consent. As a condition to the removal of any Improvements, Lander may require Trustor to make anangemente satisfactory
<br />to Lander to replace such Impruve punts with Improvements of at least equal value.
<br />Leader'. Right to Enter. Lander and Lander's agents and repreeantatives may antar upon the Real Property at all reasonable times to
<br />attend to Lundw's interests and to inspect the Real Property for purposes of Trustoi s compliance with the tams and conditions of
<br />This Dead of Trust.
<br />Compliance with Governmentd Requirements. Trustor shall promptly comply with of laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of me Proper W, including without limitation the
<br />Americans With Disabilities Act. Trustor may contest in goad faith any such law, ordinance, or regulation and withheld compliance
<br />during any Proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion. Lender's interests in the Property are not jeopardized. Lender may require Trustor to past adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lander a Internet.
<br />Duty to Protect. Trustor aprons neither to abandon or leave unattended the Property. Trustor shelf de all other acts, in addition to
<br />those acts set forth above in this section• which from the character and pan of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lander may, at Lender's option, declare immediately due and payable sums secured by this
<br />Deed of Trust upon the sale or Transfer, Without Lander a prior written consent, of all or any part of the Real Property, or any interest in The
<br />Real Property. A'xale or transfer" means the conveyance of Real Property Or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, Installment sale contract, lead contract, contract
<br />for deed. Ise shhold interest with a term greater than three (3) years, lease-Option contract, or by sale• assignment, or transfer of any
<br />beneficial interest in or to any land trust holding title to the Real Property, a by any other method of conveyance of an interest in me Real
<br />Property. If any Trustor is a corporation, partnership or limited liability company, hansfer also includes any change in ownership of more
<br />than twenty -five percent (25 %) of the voting stock, partnership interests or limited liability company interests, as me can may be, of such
<br />Trustor. However, this option shall our be exercised by Lander if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provision relating to the taxea and liens on the Property are part of this Dead of Trust:
<br />Payment. Trustor shall pay when due (and In all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sower), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to me Property. Truster shall maintain the Property free of ail liens having priority
<br />ever or equal to thin Interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise ,.,nd.d In this Dead of Trust.
<br />Right to Contest. Treanor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute ova the
<br />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,
<br />Trustor shall within fifteen 1151 days after the lien arises or, ii a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lander, deposit with Lander cash or a sufficient corporate surety band or
<br />other zab, iy satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lander and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lander as an additional obligee under any
<br />sandy hand furnished in the contest proceedings.
<br />Evidence of Payment. Treanor shall upon demand furnish to Lander aatisfactory widence of payment of the texas or assignments and
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