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Df=ED OF TRUST 2 o i o o i ~. o~ <br />Loan Nn: 101228116 (Continued) Pa9B ~ <br />Possession and Usa. Until the occurrence of an Event of Default, Trustor may 11- remain in possession and control of the Property; <br />121 use, operate or manage the Property; and 131 collect the Rents from the Property. <br />buty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 11) buying the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; 121 Trustor has no knowledge of, or reason to believe <br />that there has been, except ea previously disclosed to end acknowledged by Lender in writing, lal any breach or violation of any <br />Environmental Laws, Ib- any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Ic- any actual ar <br />threatened litigation or claims of any kind by any person relating to such matters; and 13- Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent ar other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Wazardous Substance on, under, about or from the Property; <br />and Ib- any such activity shall be conducted in compliance with ell applicable federal, state, and local laws, regulations and <br />ordinances, 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 Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br />with this section of the Dead of trust. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be <br />_. cOrlstul.~d_xo_c_.reate any _responaibility_ar liability on the_~art.of. Lender to ..Trustor yr 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 waives any future claims against. Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and (21 egress to indemnify, defend, and hold harmless Lender against any and all <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a <br />breach of this section of the Deed of Trust nr as a consequence of any use, generation, manufacture, storage, disposal, release or <br />threatened release occurring prior to Trustar's ownership ar 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 payment 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. <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 pprtion of the Property. Without limiting the generality of the foregoing, Trustor will oat remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements. Truster shell 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 Truster to make arrangements satisfactory <br />to Lander 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. Property for purposes of Trustor's compliance with the terms and conditions of <br />this Deed of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now nr <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 appeals, so long as Trustor has notified Lender in writing prior to doing so and sn 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. <br />Duty to Protect. Trustor agrees neither to abandon ar leave unattended the Property. Trustor shall do ell 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: - <br />bUE ON SALE -CONSENT BY LENbER. 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 nr 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 131 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. However, this option shall not be 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 texas and liens on the Property are part of this Deed of Trust: <br />Payment. Trustor shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges (including <br />water and sewed, fines and impositions levied against or on account of the Property, end shall pay when due all alaims for work done <br />on or for services rendered ar 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 far the lien of taxes and assessments not due and except as <br />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 <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 Lander 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 any contest, Trustor shall defend itself and Lender and shall <br />