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DEED OF TRUST 2 O 10 0 8 5 9 0
<br />Loan No so$34z (Continued) Page 2
<br />shall use, generate, msnufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or fram 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 limi#ation all Environmental Laws. 7'rustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expensa, 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 purposes only and shall not be
<br />vonstrued to create any responsibility or liability on the part of 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 Wazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable far
<br />cleanup or other costs under eny such laws; and (2) sgrees to indemnify, defend, and hold harmless Lender 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 pf the Deed of Trust vr as a consequence of any use, generation, manufacture, storage, disposal, release vr
<br />threatened ralaase occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been knvwn to Trustor. The provisions nf this section of the Deed of Trust, including the obligation ta indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfactinn and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by �ender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuissnce nor commit, permit, or suffer any stripping of or waste on
<br />or to the Prvperty or any portion of the Property. Without limiting the generality of the toregoing, Trustor will nat remove, or grant to
<br />any other party the right to remova, any timber, minerals (including oil and gas1, coal, clay, scoria, sail, graval nr rock products
<br />without Lender's prior written consent.
<br />Removal af Improvements. 7rustnr shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to raplace such Improvements with Improvements of at least equal value.
<br />Lender's Right tv �nter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasana6le times to
<br />attend to Lendar's in#erests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hersafter in effect, of all govemmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulatian and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeapardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duty ta Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />thosa acts set forth abova in this section, which from the character and use of the Prvperty are reasonably necessary to protect and
<br />preserve the Property.
<br />pUE ON SALE - CONS�NT BY LENDER. Lender may, at Lender's nption, declare immediately due and paya6le all sums secured by this
<br />Deed of Trust upon the ssle or transfer, withaut Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Property. A"sala 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, 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 other method of conveyence 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 />TAXES AND LIENS. The following provisions relating ta the taxes and liens on the Property are part of this beed 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 sewsr►, fines and impositions levied agsinst or on accvunt of the Property, and shall pay when due all claims for work done
<br />on or for services rendared or material furnished to the Property. Trustor shall maintain the Property free af all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise provided in this Deed of l'rust.
<br />Right to Cantest. Trustor may withhold payment of any tex, assessment, or claim in connection with a gaod faith dispute over the
<br />obligation to pay, so long es Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within fiftsen (15) days atter the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />filing, secure the discharge vf the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender 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 foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest prnceedings.
<br />Euidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of 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 Cnnstruction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, eny services are
<br />furnished, or any materials are supplied to the Prnperty, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account vf the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost af such imprvvements.
<br />PROPERTY DAIVIAGE INSURANCE. The follnwing provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insuranca. Trustar shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value cov�ring all Improvements on the Real Property in an amount
<br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such
<br />other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages end basis
<br />reasonably accepta6le to l.ender and issued by a company or cnmpaniss reasonably acceptable to Lender. Trustor, upnn request of
<br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form setisfactory to Lender, including
<br />stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
<br />act, amission vr default of Trustor or any other person. Should the Real Praperty be Iocated in an area designated by the Director of
<br />the Federal Emergency Management Agency as a speaial flood hazard arsa, Trustar agrees to nbtain and maintain Federal Flood
<br />Insurance, if available, for the full unpaid principal balance of the Iqan and any prior liens on the property securing the Ipan, up to the
<br />m�ximum policy limits set under the Nationsl Flood Insurance Program, vr as otherwise required by Lender, and to maintain such
<br />insurance for the term of the loan.
<br />Application of Proceads. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
<br />if Trustor fsils to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
<br />election, receive and retain the proceads of any insurance and apply the proceeds ta the reduction of the Inde6tedness, payment of
<br />any lien affecting the Proparty, or tha restoration and repair of th� Property. If Lender elects fo apply the proceeds to restoration and
<br />repair, Trustor shall repair nr 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 the re.asonable cost of repair or restoration if
<br />Trustor is nat in default under this Deed af Trust. Any proceeds which haue not been disbursed within 180 days after their receipt
<br />and which Lsnder has not committed to the repair or restoration of tha Property shall be used Yirst to pay any amount owing to Lender
<br />under this Deed of Trust, then to pay eccrued interest, and the remainder, if any, shall be appliad to the principal balance of the
<br />Indebtedness. If Lender holds any praceeds after payment in full of the Indebtedness, such proceeds shall be paid ta Trustor es
<br />Trustor's interests may appear.
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