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<br />RE-RECORDEO''!i
<br />200808911
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<br />Loan No: 89134
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<br />DEED OF TRUST
<br />(Continued)
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<br />200806682
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<br />Page 2
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<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the paymer:1t of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise,
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<br />Without otherwise limiting Trustor's covenants es provided herein, Trustor shall not without Lender's prior written consent, remove or
<br />permit the removal of sand, gravel or topsoil, or engage in borrow pit operations, or use or permit the use of the Property as a land fill
<br />or dump, or store, burn or bury or permit the storage, burning or burying of any material or product which may result in contamination
<br />of the Property or the groundwater or which may require the issuance of a permit by the Environmental Protection Agency or any
<br />state or local government agency governing the issuance of hazardous or toxic weste permits, or request or permit a change in zoning
<br />or land use classification, or cut or remove or suffer the cutting or removal of any trees or timber from the Property.
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<br />At Its sole cost and expense, Trustor shall comply with and shall cause all occupants of the Property to comply with all Environmental
<br />Laws with respect to the disposal of industrialfre1\Jae~opwaste, J.B'1dklt 'the discharge, processing, manufacture, generation, treatment,
<br />removal, transportation, storage and handling 'of i-laiardous Substances, and pay immediately when due the cost of removal of any
<br />such wastes or substances from, and keep the Property free of any lien imposed pursuant to such laws, rules, regulations and orders.
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<br />Trustor shall not install or permit to be installed in or on the Property, friable asbestos or any substance containing asbestos and
<br />deemed hazardous by federal, state or local laws, rules, regulations or orders respecting such material. Trustor shall further not install
<br />or permit the installation of any machinery, equipment or fixtures containing polychlorinated biphemyls (PCBs) on or in the Property.
<br />With respect to any such material or matarials currently prasent in or on the Property, Trustor shall promptly comply with all applicable
<br />Environmental Laws regarding the safe removal thereof, at Trustor's expense,
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<br />Trustor shall indemnify and defend Lender and hold Lender harmless from and against all loss, cost, damage and expense (including,
<br />without limitation, attorneys' fees and costs incurred in the investigation, defense and settlement of claims) that Lender may incur as
<br />a result of or in connection with the assertion egainst Lender of any claim relating to the presence or removal of any Hazardous
<br />Substance, or compliance with any Environmental Law. No notice from any governmental body has ever been served upon Trustor or,
<br />to Trustor's knowledge after due inquiry, upon any prior owner of the Property, claiming a violation of or under any Environmental Law
<br />or concerning the environmental state, condition or quality of the Property, or the use thereof, or requiring or calling attention to the
<br />need for any work, repairs, construction, removal, cleanup, alterations, demolition, renovation or installation on, or in connection with,
<br />the Property in order to comply with any Environmental Law; and upon receipt of any such notica, Trustor shall take any and all steps,
<br />and shall perform any and all actions nacessary or appropriate to comply with the same, at Trustor's expense. In the event Trustor
<br />fails to do so, Lender may declare this Deed of Trust to be in default.
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<br />Nuisance. Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
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<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal 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.
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<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 Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
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<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate eppeals, so long as Trustor has notified Lendar 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 post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
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<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
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<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />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
<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 />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br />for deed, leasehold 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, or by any other method of conveyance of an interest in the Real
<br />Property. If any Trustor is a corporation, partnership or limited liability company, transfer 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 the case may be, of such
<br />Trustor, However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
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<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
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<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), 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 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 assassments not due, except for the
<br />Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust.
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<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute ovar 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 (15) days after the lien arises or, if 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 Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security 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 eny contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
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<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize tha appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property,
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<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or 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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<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
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<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender. Trustor shall also procure
<br />and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender
<br />being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance,
<br />including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be
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