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200207556 DEED OF TRUST
<br />Loan No: 774633 (Continued) Page 2
<br />Hazardous Substance at, pride, about or from the Property by any prior o occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or s
<br />other authorized u of the Property
<br />shall use, generate, manufacture, store, treat, dispose of n release any Hazardous Substanceo under, about or from the Property;
<br />and (bj any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and
<br />e rdinonuus, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Tropical expanse, as Lender may deem appropriate to determine camphorate of the Property
<br />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
<br />c' nstraed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and w any future claims against Lander for Indemnity or contribution In the event Trustor becomes liable for
<br />cleanup or other costs under) any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />liabilities, danoyed, penalties, and expenses which Lender may directly or indirectly sustain o suffer resulting from a breach of this
<br />otion of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, raises& or threatened release
<br />occurring prior to Trustor's ownership or interest In the Property, whether or not the same was or should have been known to Truster.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the spti(achad and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition
<br />If arty Interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not c conduct or permit any n no mil, pormip o suffer any of log of o asm on
<br />or to the Property n any portion of the Property. Without Ihniting tiro generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to re any timber, minerals imploding oil and gas), coal, clay, scoria, soil, gravel or rack products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trusmr shall not demolish IF any Improvements floor the Real Property without Lender's prior
<br />written o ent. Asa condition to the re val of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to 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 Prnperty for purposes of faster's eomphaddes with the terms antl conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, dinancs, and regulations, now
<br />hereafter in effect, of all governmental authorities applicable to the use occupancy of the Property. Trustor may contest i good
<br />faith any such law, ordinance, or regulation and withhold cumphanue during any processing, Including appropriate appeals, so long as
<br />Trusser has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lander, to protect
<br />Lender's Interest.
<br />Duty to Protect. Trustor agrees neither m abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />these acts of furl[' above In this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's opthor, declare it ntalmnaly due and payable all sums secured by this
<br />Dead of Trost upon the sale or transfer, without Lend errs prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Property. A "sale or transfer means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
<br />benebmal or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land Feobace, ontrant
<br />for deed, leasehold Interest with a term greaten than three (3) years, lease option contract, or by sale, assignment, or transfer of any
<br />beneficlal 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
<br />Prnperty. However, this (Julian shall Flat be exercised by Lender It 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 pan of this Dead of Trust:
<br />Payment Tractor shall pay when due (and In all events prior to delinquency) all taxes, special taxes, --dram, charges (including
<br />water and rRvIki fines and bnp(Jsitimrs Isvius against o account of the Property, and shall pay when due all claims for work done
<br />or for s endured o mtInal furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Truster may withhold p.,,nent of any fax, a s ent, o claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a Ile s filed a result of nonpayment,
<br />Tractor shall within fifteen (151 days after the lien arises or, 'd a Tien Is filed, within fifteen nl(15)odays after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or sufficient corporate surety bond or
<br />other see mty satisfactnry to Lender in an amount sufficient to discharge the lion plus any costs and attorneys' fees, or other charges
<br />that could anceree as a hi 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 shligae tinder any
<br />surety bond furnished In the contest proceedings.
<br />Evidence of Payment. Trusmr shall upon darmnd furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work i ees, any s
<br />furnished, or any materials are supplied to the Property, if any r ooharnc's lien, antisocial s lien, or other lion could be asserted on
<br />ant of the work, services. materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
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