Laserfiche WebLink
DEED OF TRUST <br />(Continued) 200209906 Paget <br />necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <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 as previously disclosed to and acknowledged by Lender in writing, (a) any breach 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 />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any <br />Person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor <br />any tenant, convector, 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 Dead of Trust. Any inspections or tests made by Lender shall be for Lenders <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender M 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 Lander 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 hairless Lender against any and all <br />claims, losses, liabilities, damages, penalties, and expanses 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 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 indemnity, shall survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the lien of this Dead of Trust and shall not be affected by Lender's acquisition of any interest in the <br />Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to <br />the Property or any ponion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other <br />party the right to remove, any timber, minerals (including oil and gas), teal, clay, scoria, soil, gravel or rock products without Lender's prier <br />written consent. <br />Removal of Improvements. Truster 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 Lenders 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 Dead <br />of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter <br />in effect, of all governmental authortties applicable to Me use or occupancy of the Property. Trustor may contest in good faith any such law, <br />ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notified <br />Lender in writing prior to doing so and so long as, in Lenders sole opinion, Lender's interests in the Property are not jeopardized. Lender <br />may require Truster to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. <br />Duty to Protect. Truster agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those <br />acts set forth above in this section, which from Me character and use of the Property are reasonably necessary to protect and preserve Me <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 Me sale or transfer, without Lender's prior written consent, of all or any pan of the Real Property, or any interest in Me 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) years, lease - option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust <br />forcing title to the Real Property, or by any other method of conveyance of an interest in Me Real Property. 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 antl 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 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 municietl 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 Dead of Trust, except for Me lien of taxes and assessments not due, except for the Existing Indebtedness <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 filed as a result of nonpayment, Trustor shall within <br />fifteen (15) days after the lien arises or, tl a lien is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of 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 attorneys' fees, or other charges that could accrue as a result of a foreclosure or <br />sale under the lien. In any contest, Trustor shall defend itself and Lentler and shall sail any adverse judgment before enforcement against <br />the Property. Trustor shall name Lender as an 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 Me 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 />