|
DEED OF TRUST � � i � � 7 9 6 2
<br />Loan No: 101235634 (Continued) P�ge 2
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled ta a claim fpr deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power af sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dsed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and 'frustor shall strictly perform all their raspective
<br />obligatians under the Note, this Deed of Trust, and the Related Documents.
<br />POSS�S5IQN AND MAINTENANCE OF THE PROPERTY. Borrower and Trustar agree that Borrower's and Trustor's possession and use of
<br />the Prpperty shall be governed by the following provisions:
<br />Possession snd Use. Until the occurrence of an Event of Default, Trustor mey (1) remain in possession and contral of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Prpperty.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, end
<br />maintenance necessary to preserve its value.
<br />Complience With �nvironmentai Laws. Trustor represents and warrants to Lender that: (1 � buring the period of Trustor's ownership
<br />af the Prpparty, there hes been no use, generstion, manufacture, storage, treatment, disposal, release ar threatened ralease of any
<br />Hazardous 5ubstance by any person on, under, about or from the Property; (2) Trustor hes nq knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknpwisdged by Lander in writing, (a) any breach or violatian of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about pr from the Property by eny prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigatian pr claims of any kind by any person ralating to such matters; and (3) Except as previously disclosed to and
<br />ecknowledgad by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent nr other authorizad user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b1 any such activity shall be conducted in compliance with ell applicable federal, state, and local laws, regulations end
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon tha Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriete tp determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lander shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part af Lendar to Trustor or to any other person. The representatians end
<br />warranties contained herein are based an Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />heraby (1) releases and waives any future claims against Lender for indemnity or cantribution in tha event Trustor 6ecomes 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, losses, liabilities, damagas, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section pf the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposel, rslease or
<br />threatenad ralease occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The pravisions af this section of the beed af Trust, including the obligation to indemnify and defend, shall
<br />survive the psyment of the Indebtedness and the satisfactian and reconveyance of the lien of this Deed of Trust and shsll npt be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, nr suffsr eny stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Truator will not remove, or grant to
<br />any other party the right to rampve, any timber, minerals lincluding oil and ges1, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prinr written consent.
<br />Remaval of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition ta the removal of any Improvements, Lendar may require 7rustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements nf at least equal value.
<br />Lender's Ftight to Enter. Lender and Lender's agents and representetives may enter upon the Real Property at ell reasonable times to
<br />attend tn Landar's interests and to inspect the Real Prpperty for�urposes of 7rustor's comp�lance with the terms and conditions of
<br />- - - -.,.. . _ ._. _._ _ _
<br />tfiis of 1'rust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities eppliceble to the use or accupancy of the Prpperty, including without limitation, the
<br />Amerfcans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustnr has notified Lender in writing prior to dning sp and so lang as,
<br />in l.ender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
<br />pr a surety bond, reasonably satisfactary to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees nsither to abandon or leave unattended the Property. Trustor shall do all other acts, in additian to
<br />those acts set forth above in this section, which from the character and use of the Praperty are reaeonably necessary to protect and
<br />preserve tha Prppsrty.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at l.ender's pptipn, declare immediately due and payeble all sums secured by this
<br />qeed of Trust upan the sale or transfer, without l,ender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Prpperty. A"sale or transfer" means the conveyance of Real Property or eny right, title pr Interest in the Real Property; whether legal,
<br />6eneficial or equitable; whether vpluntary or involuntary; whether by vutright sale, deed, installment sale contract, land cqntract, contract
<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, or by any othar msthpd of conveyance of an interest in the Real
<br />Prpperty. If any Trustor is a carppratipn, partnership or limited liability company, transfer also includes any change in pwnership of more
<br />than twenty-five percent (25°/n) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
<br />Trustar. Hpwever, this option shall not be exercised by Lender if such exercise is prohibited 6y federal law or by Nebraska law.
<br />7AXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />
|