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, , :, Loan No: '109 235376 DEED OF TRUST 2 010 4 8 6 4 9 (Continued) Page 2 Hazardous Su6stances. Trustor represents and warrants that the Praperty never has been, and never will bs so long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, traatment, disposal, release or threatened release of any Hazardous 5ubstance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to anter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Daed of Trust. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes 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 and losses resulting from a breach of this paragraph of the Deed of Trust. This o6ligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Property ar any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale cantract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or 6y sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any othar method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by IVebraska law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property ars part of this Deed of Trust: Payment. Trustor shall pay when due (and in all events pripr to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and im�ositions_lev_ied against 9r on accownr_of the Property, and sFiall pay. when clue all claims for work done - on or for services rendered ar material furnished to the Properfy. Trustor shall maintain the Property free of all liens having priority over or equal to the interest af Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to 6elow, and except as otherwise provided in this Deed of 7rust. PROPERTY DAMAGE IfVSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, ampunts, coverages and basis reasonably acceptable ta Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulatipns that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. 5hould the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to nbtain and maintain Federal Flood Insurance, if available, for the maximum amount of Trustor's credit line and the full unpaid principal balance of any prior liens pn the property securing the loan, up to the maximum palicy limits set under the National Flpod Insurance Program, or as otherwise required by Lender, and to maintain such insurance fpr the term of the loan. LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property frea of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, (CI to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affeat Lender's interests in the Property, then Lender on Trustor's behalf may, 6ut is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and 6e payable with any installment payments to 6ecome due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit Agraement's maturity. WARRANTY; DEFENSE QF TITLE. The following provisions relating to owner of t he P roperty ar e a part of this Deed of Trust: _ _ .------. _ ._._��. _. _ � Title. Trustor warrants that: (a) Trustor holds good and marketable tit�e of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set fprth in the Real Property description or in the Existing Indebtedness section betow or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, l.ender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority ta execute and deliver this Deed of Trust to Lender. Defense of Title. 5ubject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against the lawful claims vf all persons. EXISTING INDEBTEPNESS. Tha follawing provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of this Deed of Trust securing the Indabtedness may be secondary and inferior to an existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtadness, or any default under any security documents for such indebtedness.- ., � EVENTS OF DEFAULT„ Trustor will be in default under this beed of Trust if any of the following happen: :1�4) Trustor commits fraud or makes amaterial misrepresentation at any time in connection with the Credit Agreement. This can include,°for example, a false statement about'-1'rustor'S.,irticome, assets, liabilities, or any other aspects of Trustor's financial condition. (B) Trustor does not meet the repaymant terms of the Credit Agreement. (C) Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can ioclude, for axample, failure to maintain required insurance, waste or destructive usa of the dwelling, 'failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling fnr prohibited purposes.