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DEED OF TRUST
<br />(Cantinued) � 01 u U�7 4 4 2 �e 2
<br />Environmental Laws, (b) 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 qf the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such mattars; and (3) Except as previpusly disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, cantractor, agent or othsr authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispase of or release any Mazardaus Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all 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 ths Property
<br />to make such inspections and tests, at 7rustor's expense, as Lender may deem appropriate to determine compliance pf 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 />construed to create any resppnsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties cantained herein are 6ased on Trustor's due diligence in investigating the Prpperty for Mazardous 5ubstancss. Trustor
<br />heraby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustar becames liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, Iosses, liabilities, .damages _penalties, and exo_enses which_Lender.._m_a_.y__direc#Iv or indirectly ...s_us#ain_or �uff..er r�sultiny_frQr�r _.a__ __..
<br />breach of this section of the pead af Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened releasa occurring prior to Trustor's ownership ar interest in the Property, whather or not the same was or shquld 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 Lander's acquisition of any interest in the Prqperty, whether by foreclosure pr otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct ar permit any nuisance nor commit, permit, or suffer any stripping pf or waste on
<br />or to the Prpperty or any portion of the Property. Without limiting the generality af the foregoing, 7rustor will npt remove, or grant to
<br />any other party the right ta remqve, 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 Improvemants. Trustor shall not demolish or remove any Improvements frvm the Real Property without Lander's prior
<br />written consent. As a condition to the removal of any Imprpvements, Lender may requira Trustor to make arrangements satisfactory
<br />ta Lender to replace such Improvements with Improvements of at least equal velue.
<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 ta inspect the Real Property for purposes of Trustor's complianca with the terms and conditions of
<br />this I]eed of Trust.
<br />Complience with Governmental Requirements. 7rustor shell 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, tMe
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, ar regulation and withhold compliance
<br />during any prqceading, including appropriate appeals, sa long as Trustor has notified Lender in writing prior to doing sa and so long as,
<br />in Lpnder's sole opinion, Lender's interests in ths 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 abandan or leave unattended the Prpperty. Trustor shall do all pther acts, in addition to
<br />those ac[s set forth above in this section, which from the character and use of the Property are reasonably necessary to prvtect and
<br />preserve the Property.
<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 uqan the sale or transfer, without Lander's prior written consent, of all ar any part of the Fieal Property, ar any interest in the
<br />Real Praperty, A"sale or transfer" means the conveyance of Real °�operty or any right,-title or interest in the Real Property; whether I�gel,
<br />beneficial or equitabls; whether voluntary or involuntary; whether by outright sale, dead, 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 transter of any
<br />beneficial interest in or to any land trust holding title to the Real Property, ar by any other method of canveyance of an interest in tha 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 thia Daed of Trust;
<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 impositipns levied against or on account of the Property, and shall pay when due all claims for work dona
<br />on or for services rendered or material furnished to the Praperty. Trustor shall maintain the Property free of all liens having priority
<br />ouer or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not dus and except as
<br />athsrwise pravided in this �eed of Trust.
<br />Right to Cvntest. Trustor may withhold payment af 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 jeopardizad. 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 fiftaen (15) days after Trustor has nptice of the
<br />filing, secure the discharge of the lien, or if requestad by Lender, deposit with L.ender cash or a sufficient cvrporate surety bond or
<br />other security satisfactory to l.ender 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 fpreclosure or sale under the lien. In any contest, Trustar shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Praperty. Trustor shall name Lender as an additional pbligee under any
<br />surety bond furnished in the contast proceedings.
<br />Evidence of Payment. Trustor shall upon damand furnish to Lender satisfactory evidence of payment af 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. Trustar 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, matarialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Trustar 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.
<br />PROPERTY DAMAGE INSURANC�. The fnllpwing provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Meintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the fufl"insurable valus Covering all Improvemsnts an the Real Property in an amount
<br />sufficient ta avoid application of any coinsurance clause, and with a standard morigagee clause in favor of Lender. Trustor shall also
<br />procure and maintain comprehensiva general liability insurance in such coverage amounts as Lender may request with Trustee and
<br />Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
<br />insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies
<br />shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a epmpany or companies
<br />reasonably acceptable to Lender. Trustor, upon request of lender, will deliver to Lender from time to time the policies or certificatas
<br />of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without a# least
<br />tan (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor
<br />af Lender will not be impaired in any way by any act, omission or default af Trustor or any other persan. Should the Real Property be
<br />located in an area deaignated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor
<br />agrees to abtain and maintain Federal Flood Insurance, if availa6le, for the full unpaid principal balance of the Ioan and any prior liens
<br />on the property securing the loan, up to tha maximum policy limits set under tha National Flood Insurance Program, pr as otherwise
<br />required by Lender, and to maintain such insurance for the term ot ths Ipan.
<br />Application of Proceeds. 7rustor shall promptly notify Lendar of any loss or damage to the F'roperty. Lender may make proof of lass
<br />if Trustor fails to da so within fifteen (15) days of the casualty. Whether or not Lender's sacurity is impaired, Lender may, at l.ender's
<br />elsction, receive and retain the proceeds af any insurance and apply the proceeds to the reduction of the Indebtednasa, payment of
<br />any lien affecting the Prpperty, or the restoration and repair of the Property. If Lender elects ta apply the proceeds to restoration and
<br />repair, 7rustar shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
<br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for [he reasonable cost of repair or restoration if
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