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Loan No: 4099954
<br />DEED OF TRUST 2 p i p p 7 6 7�
<br />(Continued) Page 2
<br />Duty ta Maintain. Trustpr shall maintain the Property in gpod condition and prpmptly perfprm all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmente�l Laws. Trustor represents and warrants to Lender that: (1) During 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 5ubstance by any person on, under, about vr frqm the Property; (2) Trustor has na knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Supstance on, under, alaqut 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 mstters; and (S) Except as previously disclosed to and
<br />acknpwledged hy Lender in writing, (al neither 7rustor nor any tenant, contractqr, agent pr other authprized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Su6stance pn, 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 withput limitation ali Environmental Laws. Trustor authorizes Lender and its agents to enter upan 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 Deed of Trust. Any inspections qr tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability pn ths part af Lender to Trustor or 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 11) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becames liable for
<br />cleanup pr other costs under any such laws; and (2) agrees to indemnify, defend, and hvld harmless l.ender 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 pf 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 Trustpr. The prpvisions ofi this section of the Deed of Trust, including the pbligatian to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction end reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by L.ender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisanca, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, nr suffer any stripping of or waste on
<br />ar to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remova, or grant to
<br />any other party the right to remnve, 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. Trustor shall not demolish or rempve any Improuements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvaments, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to r�tplace such Imprqvements with Improvements of at least equal velue.
<br />Lender's Ri ht to Enter. Lander and Lsndar's � ents and re resentatives ma enter u on t ��� � m
<br />g g p y p he Real Property at 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 />Cpmpliance with Governmental Requirements. Trustor shsll promptly comply with all laws, ordinances, and regulations, now or
<br />hereafcer in affect, af all governmental authorities applicable to the use pr occupancy af the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so Iong as
<br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole ppinipn, Lender's interests in the Property are
<br />not jeopardized. Lender may require Trustor to post adequate security or a surety 6ond, reasonably satisfactary ta Lender, to protect
<br />Lender's interest.
<br />Duty to Protect. Trustor agrees neither ta abandon or leave unattended the Property. Trustor shall do all other acts, in additipn 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 />DUE ON SALE - CONSENl' eY LENDER. Lender may, at Lender's aption, declare immediately dus and payable all sums secured by this
<br />Deed of 7rust upon the sale or transfer, without �.ender'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, cantract
<br />for deed, leasehold interest with a term greater than three (3) years, lease-aption 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 />TAX�S AND LIENS. 7he following provisions relating to the taxes and liens on the Property are part of this Deed ofi Trust:
<br />Payment. 7rustor 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 Wroperty. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of 1"rust, 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 withhold payment of any tax, assessment, pr claim in connection with a good faith dispute over the
<br />obligation to pay, sa lang as Lender's intarest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustar shall within .fifteen (75) days aher the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has nqtice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bpnd or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, pr pther charges
<br />that could accrue as a result of a foreclpsure or sale under the lien. In any contest, Trustor ahall defend itself and Lender and shall
<br />satisfy any adverse judgment befpre enfprcement against the Property. Trustor shall name Lender as an additional pbligee under any
<br />surety bpnd furnished in the contest proceedings.
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