|
DEED OF TRUST
<br />Loan No: 31386 200207181 (Continued) Pagel
<br />this Deed of Treat Ni It becomes due, and Bonower and Truster shall strictly perform al Thar respective obligations Under the NDta, this Deed of
<br />TmN, and the Related Docamands.
<br />POSSESSION AND MAR TENANCE OF THE PROPERTY. Borrower and Truster agree that Rorrow strs and Trughl poree ton and use of the
<br />Properly shall be governed by the folloveng provisions.
<br />Possession mW Use. Until the ocwnence of an Event of Detain( Truster may of remain In possession and control of the Property; (2)
<br />use operate or manage the Property and (3) collect the Rome from the Pmmilly
<br />Duty to Mdntaio. Truster shall maintain the Property in tenantable condition and promptly perform of repaid, replacenlenis, and
<br />maintenance necessary to preserve its value.
<br />Compliance Win Eavb eMW Laws. Truster equal and warrants to tender that: (1) During the period of Tmstor's ownership of
<br />the Property there has been no use generation, manutadurs, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance he any person on under, about or tram the Property (2) Truster has no kiroWll of. or reason 10 believe that three has been,
<br />xcect As previously declared to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, led any
<br />use conserver manufacture, middle, treatment disposal, release or threatened release of any H¢ardous Socia ce on, under, about or
<br />person slating to such rumors ; and (a) oleander as previously derrosea to and Nonseasonal by Lender in wrong, (a) number
<br />any tenant, contractor, agent or other authorized ever of the properly shall how gelaata, maratacNS, atom, treat disclose of or release any
<br />Hazardous Substance on under, about other me Property. and (b) any such activity shall bo conducted in wmplianca with all applicable
<br />federal, slate, and local laws, dgulatbrd and ordinances, including without limitation all Environmental Laws. Truster aathod3as Lender and
<br />its agents to enter upon the Property to make such Inspections and Users, at Truslors expense, as Lender may deem appropriate to
<br />command compliance of the Property elm this section of the Deed of Thar. Any [reporters or cases made by Lender shall be for Lenders
<br />purposes only and shall cwt tea coresued to create any (a onabilo or liability on the pan of (antler m Truster or W any other parson. The
<br />representations and warranties; contained heron are based on Trusters due diligence In onsid gating the PrOPOM lot Hedardoue
<br />Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnify or conmbution in the event Theater
<br />becomes liable for cleanup or other wed under any such laws; and (2) agrees to indemnify and hold homeless Lender again any and or
<br />ms, losses, liabilities, damages, penalties, and expenses wbkb tender may directly or Indirectly aumun or suffer warning from a Msech
<br />of this section of the Dead of Truro consequence f any use, generation, th nufacl storage, tllsposal, mease or threatened
<br />release occurni prior to Trusters ownership o interest In the Prop", whether or not the same was or should he" been known to Truster.
<br />The provisions of this ssctlon of the Dead of Total Including the obligation W indemnity, shall survive the payment of fie Indebtedness and
<br />the model and raxonveyance of the Iran of this Deed Of Trust and Abell not br affected by Lender azquition of any interest In the
<br />Property, whether by foreclosure or otherwise,
<br />Nubame. Wake. Truster shall not cause, conduct or banner any nuisance nor mmmb, parr'[[ or suffer any stripping of or waste on or to
<br />the Property or any potion of the PropelTy. Without limiting the generality of the tosgoing, Truster will not moreover or grant to any other
<br />parry the right to remove, any timber, "merits (Including oil and gas), coal, clay, scoria, antl, gravel or m& octal without Lender's poor
<br />worse consent.
<br />Rmovaf of ImpNremarla. Truster shall not dertusion or rerteve any Improvements from the Real PropMx, wall Lenders poor %dded
<br />dam. As a condition to m sm
<br />e rval of any Improvements, Lender may requite Truster to make arrangements satisfactory to Lender to
<br />replace such Improvements wah Improvemema of at leant equal value.
<br />Until Right in Enter. Lender and Lender's agents and representatives may enter upon the Real Prop" at all reasonable unde to
<br />attend to Lenders interests and to inspect the Real Property for purposes of Tmrer's compliance win the terns and wndtliena of this Dead
<br />of Trust.
<br />Compliance with Goorreumrel Romme ts. Truster shall pmmpty comply win all laws, ordinances, and regulations, now or hereafter
<br />in effect of al governmental authorities Applicable to the use or occupancy of the Prop", including without Introduce, the Americans With
<br />Disabllnies Act. Truster may contest In good fait any men law, ordinance, or regulation and withhold c ropllanra during any processing,
<br />including appropriate appeals, so long As Truster has notified Lender in writing prior to doing so and m long as, in lender's sole opinion,
<br />Lenders interests in the Properly are rel j epard red. Lander may require Truster to post governing security on A surety Send, reaaonaby
<br />satisfactory to Lender, to pmmcr Lender's income
<br />Wry to Pm1vL Truster agrees neither to abandon or leave unattended thin Psperry. Truster shall do all other acts, in wool to those
<br />acts sat forth above In this sactrory which from the character and use of rho Preterite we reasonably necessary to protect and preserve the
<br />Property.
<br />DUE ON SALE - CONSENT BY LEN RRU Lender may at Lenders option, tleclare Immediately due and payable all an" secured by thla Deed
<br />of Trust upon the sae or transfer, without Lender's prior written mnsem, of At or any parr of the Rea Property, or any Interest in the Rol Property .
<br />A "sale or tester' nano the conveyance of Real PspeM or any right, title or interest in the Real Property l whether legal, beneficial or equitable,
<br />whether voluntary of Involuntary ; whether by outright sale, tlmQ installment sale entreat, land contract contract for dead leasehold interest with
<br />a term greater than three (3) years, leas option contract, or by sale, aaaignment, or transfer of any b ne "I Interest in or to any land Wet
<br />holding title to the goal PropeM, or by any other mrhod of conveyance of an interest In the Real Property. However, this option shall hot be
<br />exiscreard by Lender 0 Such exercise is precooked by federal law or by Nebraska law.
<br />TAXES AND L6N5. The leaving provisions alahng to the taxes and liens on the Properly me Pmt of this Dead of Trust
<br />Payment. Truster shall pay when due (and In all events prior to permanency) all taxes, special taxes, ass Items, charges (including water
<br />and sown), fines and Iimposbiom levied against or on amount of the Properly, and shall pay when due al claims ter wad done on or for
<br />foresaw rendered or material Enriched to the Property Theater shall maintain the Prop" free of At liens having priority over or equal ro the
<br />interest of Lender under this Dead of Trust, except for the lien of taxes and agreements not due and except As otherwiag provided in this
<br />Dead of Trust.
<br />Right to Cooper, Truster may wlmbold payment of any by assessment, or clam In mnnldldn win a good with dispute over the oblemorn
<br />to all so long as Lenders interest In the Property is not laopardizgd If a Iran arises or Is filed As a result of nonpayment, Truster shall within
<br />
|