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DEED OF TRUST
<br />Loan No: 107233825 (Continued) ? 01 U U'7 4 41 Pe9e 2
<br />Hazardous Substance on, under, about or from the Property by any prior owners or 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 disclosad to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous 5ubstance on, under, about or from the Property;
<br />and (b) any such activity shall be canducted in compliance with all applicable fedaral, state, and local laws, regulations and
<br />ordinances, including without limitatipn all Environmental Laws. 7rustor 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 complience of the Property
<br />with this section of the Deed of Trust. Any inspections ar tests made by Lender shall be for Lender's purppses only and shall not be
<br />construed 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 pn Trustor's due diligence in investigating the Property for Hazardous Substance5. 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 ather costs under any such laws; and (�) agrees 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 7rust or es a consequence of any use, generation, manufacture, storage, disposal, ralaase or
<br />threatened release occurring prior to Trustor's ownership or interast 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 tha 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 ar otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
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<br />or to tFie Property or any pnrtion of fhe Property. Without limiting fhe 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.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Fieal Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make errangements 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 rsasonable times to
<br />attend to Lender's interests and to inspect the Real F'roperty fvr purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Gpvernmental Requirements. Trustar shall promptly comply with all laws, ardinances, and regulations, now ar
<br />hereafter in effect, of all governmental authoritias applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or ragulatinn and withhold compliance during any proceeding, inclwding appropriata appeals, so long as
<br />Trustor 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 requira Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />Lendar's interest.
<br />Duty to Protect. 7rustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those acts set forth abave 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 option, declare immediately due and paya6le all sums secured by this
<br />Deed of Trust upon the sale or transfer, withaut Lender's prior written consent, ofi all ar 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 Reel Prpperty; 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 13) 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 taxes and liens on the Property are part of this Deed af 7rus#:
<br />Payment. Trustor shall pay when due �and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
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<br />water and sewerl, fines and impositions levied against or on account of the Froperty, and shall pay whien due all claims for w�rk arre --
<br />on or for services rendered nr material furnished to the Property. Trustor shall maintain the Property free af 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, except for the
<br />Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may wlthhold payment of any tax, assessment, or claim in cnnnection 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 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 cqsts 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 />satisfy any adverse judgment before enforcement against the F'roperty. Trustor shall name Lender as an additipnal o6ligee under any
<br />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
<br />shall authorize the appropriate governmental official to deliver to Lender at any tima a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall nntify Lender at least fifteen (15) days befnre any work is commencad, 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 upan 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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