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DEED OF TRUST
<br />(Continued) � Q 1 p U�j 8 S 3 P�9e 2
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about ar 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) �xcept as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other euthorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispase af or release any Hazardous 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. Truator authorizes Lender and its agents to enter upan the Property
<br />ta 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 or tests made by Lender shall be for Lender's purpases only and shall not be
<br />construed to create any responsi6ility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties cantained herein are based on Trustor's due diligence in investigating the Properky for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becnmes 1ia61e 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, losses, liabilities, damages, penal[ies, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this sectipn of the Deed of Trust or as a consequence of any use, generation, menufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Praperty, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of 7rust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness end the satisfaction and reconveyance of the lien of this Deed of Trust and shall nat be
<br />affected by Lender's acquisition of any interast in the Property, whether by foreclosure pr 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 ar any portion of the Property. Withaut limiting the generality of the foregaing, 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 />withqut Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a canditian to the removal of any Improvements, Lender may require Trus#or to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right #o �nter. 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 Trustar's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance wlth Governmental Requirements. 'Trustor shall 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 tha Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such Isw, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to daing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post edequate security
<br />or a surety bond, raasonably satisfactory to lender, ta protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattsnded the Properry. Trustor shell da sll 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 />Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct nr complete
<br />canstructinn of any Improvements on the Property, the Improvements shall be completed no later than the maturity date af the Note
<br />(or such earlier date as Lender may reasonably establish) end Trustor shall pay in full all costs and expenses in connection with the
<br />work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that
<br />the interest created by this Deed of Trus[ shall have priority over all possible liens, including those of material suppliers and workmen.
<br />Lender may require, ampng other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of
<br />liens, construction progress reports, and such other documentation as Lender may reasonably request.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable ell sums secured hy this
<br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or sny part of the I�eal Property, or any interest in the
<br />Real Property. A"sale or transfer" means the conveyance of Real Property or.�ny right, title or interest in the Real Property; whsthar 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-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, ar by any other method of conveyance of an interest in the Real
<br />Property. However, this option shall not be exercised by Lander if such exercise is prohihited by federal law or hy Nebraska law.
<br />TAXES AND LIENS. The following pravisions relating to the taxes and liens on the Property are part of this Deed of 7rust:
<br />Payment. Trustor shall pay when due (�nd 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 wark done
<br />on or for services rendered or 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 baed pf Trust, except for the lien of taxas 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 Lander's interest in the Property is not jeopardized. If a lien arises or is filad 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 tha discherge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond ar
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other cherges
<br />that could accrue as a result of a fareclosure or sale under the lien. In any contest, Trustor shall defend itself snd Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lander as an additional obligee 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 assassments and
<br />shsll authorize the appropriate gavernmental official to deliver to Lander at any time a written statement af the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days hefore any work is commenced, any services are
<br />furnished, or any matarials 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 upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor cen and will pay the cast af such improvements.
<br />PROPERTY PAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall slso procure
<br />and maintain comprehensive general lia6ility insurance in such coverage ampunts as Lender may reque5t with 1'rustae and Lender
<br />being named as additional insureds in such liability insuranca policies. Additionally, Trustor shall maintain such other insurance,
<br />including but not limited ta hazard, business interruption, and boiler insurance, as Lender may reaspnahly require. Policies shall be
<br />written in form, amounts, coverages and basis reasonably acaeptable to Lender and issued by a cpmpany or companies reasonably
<br />acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insuranca
<br />in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30)
<br />days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coveraga in favpr of
<br />Lender will not be impaired in any way by eny act, omission or default of Trustor or any other person. Should the Real Property be
<br />located in an area designatad hy the Director of the Federal Emargency Management Agency as a special flaod hazard area, Trustor
<br />agrees ta obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender tha[ the Property is
<br />located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the
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