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201007589 DEED OF TRUST Loan No: 101234731 (Continu�d) Page 2 of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, rele�se or threatened ralease of any Hazardous Substance by eny person on, under, about or from the Property; (2) Trustor has no knowledge of, nr reesqn ta believe that there hss been, except as previously disclosed tn end ecknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, ebout or from the Property by any pripr qwners or occupants of the Property, or (c) eny actual or threatened litigation pr claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and ecknpwledged by Lender in writing, (a) nsither Trustor nor any tenant, contractar, agent or other authorized usar of the Property shall use, generate, manufacture, store, treat, dispose of or relaase any Hezardous 5ubstance on, under, abaut or from the Property; and (b) any such ectivity shall be conducted in compliance with all applicable federal, stata, end local laws, regulations and ordinances, including without limitation all Envirpnmental Laws. Trustor authorizes Lender and its agents to enter upon the Property tp make such inspections and tests, st Trustor's expense, as Lender msy deem appropriate to determine campliance af the Property 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 construed to create any responsibility or liability on the part of Lender to Trustor or to any othar person. The representations and warranties contained herein are based on Truatar's due diligence in investigating the Prpper#y for Hazardous Substances. Trustor hereby (1► releases and waives any future claims against Lender for indemnity ar contribution in the event 7rustor bacames liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, demages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting fram a breach of this section of the Deed of 7rust or es a consequence of any use, generation, manufacture, storage, dispasal, release or threataned release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. "fhe provisions of this section vf tha Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien pf this Deed of 7rust and shall npt be affected by Lender's ecquisition of any interest in the Property, whether by foreclpsure or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping nf nr waste on or to the Property or �ny portion of the Property. Without limiting the generality af the foregoing, Trustor will not ramove, or grant to any nther party the right to remove, any timber, minerals (including pil and gas), coal, clay, scoria; soil, gravel or rock products withput Lender's prior written consant. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Imprpvements, Lender may require Trustor to make arrangements satisfactary to Lender to replace such Improvements with Imprpvements of at least equal value. Lender's Right to Enter. Lander and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes af Trustor's compliance with the terms and conditions of this Deed of Trust. Compliance wlth Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hareafter in effect, of all govarnmental authorities applicabla to the use or occupancy of the Property, including without limitstion, the Americans With Disabilities Act. Trustor may contest in good faith any such law, prdinance, or regulation and withhqld compliance during any proceeding, including appropriate appeals, sp long as Trustor has nntifisd Lender in writing prior to daing so and so long as, in Lender's snle opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor tn post adequate security or a surety 6ond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Trustor agrees neither to abendon or leave unattended the Property. Trustor shall do all other ects, in addition to those ects set forth a6ove in this sectipn, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT 8Y LENDER. Lender may, at Lender's option, declare immediately due end payable all sums secured by this Deed of Trust upon the ssle or transfer, without Lender's prfor written consent, of all or eny part of the Real Property, or sny interest in the Fieal Property. A"sale or transfer" means the conveyance of Real Property or any right, title or interest in tha Real Property; whether legal, beneficisl or equitable; whether vnluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interast with a term greater than three (3) years, lease-option contract, or by sale, assignment, ar transfer of any beneficial interest in or tn any land trust holding title tp the Real Property, or by any other method of conveyance of en interest in the Real Property. However, this option shall no# be exercised by Lender if such exercise is prohi6ited by federal law or by Nebraska law, TAXES ANp LIENS. The following provisions relating to the taxes and liens pn the Property are part af this Deed of Trust: Payment. Trustor shall pay when due (end in all events prior to delinqusncy) all taxes, special taxes, assessments, charges (including water and sewerl, fines and impositions levied against or an account of the Property, and shall pay when due all claims for wprk done on or for services rendered or material furnishsd to the Property. 7rustnr shall maintain the Property free of sll liens having priority over nr equal to the interest of Lender under this Deed of 7rust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Trustor may withhold payment of any tax, sssessment, or claim in connection with a good faith dispute over the 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 af nonpayment, 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 filing, secure the discharge of the lian, or if requested by Lender, deposit with Lender cash ar a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficien# to discharge the Iien plus any pvsts and attorneys' fees, or other cherges that could accrue as s rasult of a foreclosure ar sele under the lien. In any contest, Trustor shail defend itself and Lender and shall satisfy any edverse judgment before enforcement against the Property. Trustor shall name Lender as en additfonai obligee under any surety bond furnished in the contest proceedings. ' Evidence of Payment. Trustar shall upon demand furnish to Lender satisfactory evidence of payment of the Yaxes or assessments and shall authorize the appropriate gnvernmental official to deliver to Lender at any time e written statement of the taxes and assessments against the Prpperty.