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DEED OF TRUST 2 010 0 9 6 8 S
<br />Loan No: 101237296 (COntIrlU�d) Page �
<br />Duty to Maintain. 7rustor shall maintain the Property in tenantable condition and promptly perfbrm all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance Wi#h Environmerital Laws. Trustor represents and warrants to Lender that: 11) puring the period af Trustor's ownership
<br />of the Property, there has been na usa, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Wazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason tn believe
<br />that there has been, except as previously disclosed ta and acknowledged by Lender in writing, (a) any braach pr viplation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Nazardous Substance on, under, about br from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />thraatened litigation pr claims of any kind by �ny person relating to such matters; and (3) Except as previpusly disclpsed to and
<br />acknowledged by Lander in writing, (a) neither 7rustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, trest, dispose of or release any Hazardous Substance on, under, about or frnm the Prpperty;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, sta#e, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. 'frustor authprizes Lender and its agents tn antar upon the Property
<br />to make such inspections and tests, at Trustar's expense, as Lendar may deem appropriate to determine comp�ience of the Praperty
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes anly and shall not be
<br />construed to create gny responsibility or liability on the part of Lender to Trustor or to any other person. The represen�a�ions and
<br />warranties contained herein are based on 7rustor's due diligence in investigsting.the Property for Hazardous Substances. Trustor
<br />,�r k1R -{ w.aiveaany f�ure � e�ainst Lender for inr�rmrrity pr. contri6uxion in the event Tru�tor ti�bie for
<br />cleanup or other costs under any such,laws; anc6 �2) .sg�ess to lnd��anify,. defend., and hold harmless Lender against any and all
<br />claims, lasses, liabilitias, damages, penaPties, a�rtl. e�aenses vwhrch Len[lev may dFrectly or indirectly sustain nr suffer resulting from a
<br />breach of this sectipn of the �eed of Trust or as a consequance af any use, generation, manufacture, storage, disposal, releasa or
<br />threetened release occurring prior to Trustor's ownersMip or interest in the Prpperty, whether or not the same was or should have
<br />been known to Trustor. The provisinns of this section of the Deed of Trust, including the nbligatipn to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and [ecpnueyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Praperty, whethar by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall noL cause, Gonduct ar permit any nuigance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any ather party the right to remvve, any tirn�ber, minerals (including oil and gas►, coal, clay, scoria, soil, gravel or rock products
<br />withput Lender's prior written consent.
<br />Removal of Irttprovemants. Trustar shall nat demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a conditian tp the removal of any Improvements, Lender msy requirs Trustor to make arrangem�nts satisfactory
<br />to Lender to replace such Improvernents with Imprpvements of at lesst equal value.
<br />Lender's Right te Enter. Lender and Lender's agents and rep.resentatiues may enter upon ihe Real Property at all reason&hle times to
<br />a�tend to L.ender's interests and to inspec# the Real Property for purposes of Trustor's carnpliance with the terms and conditicrns ofi
<br />this Deed of 7rust.
<br />Ca�nplfance with Cvovernmer�t►1 Req,�irements. Trustor shall prornptly cnmply witM ali laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmantal authprities applicable to the uss or occupancy of the Property, inaluding without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordin�nce, or reguiation and withhold cbmpliance
<br />during, any proceeding, including appropriate appe�ls, so long as 7rustor hes notified Lender in writing pripr to doing so and so long as,
<br />in Lender's soie opinion, Lender's interests in the Property are not jeopardized. Lender may require 7rustor to past adaquate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender`s interest.
<br />Du#y to Protect. Trustor agrees naithar to alaandon or leave unattended the F'roperty. Trustor shall dp all other acts, in addition to
<br />those acts set forth ahove in this section, which from the character and use of the Property are reasonabiy necessary to protect and
<br />preserve the Property.
<br />p�}�p �,��,� . C���1,EN�i, �er rn�ay dwe and peyaf�te erli sums secured by this
<br />^ Deed nf 7rust uporn the sale or transfer, without Lender'S prtar written consent, df all or any part nf the Real Property, or any interest in the
<br />Real Property. A"sale ar tra�nsfer" means the conueyance of Real Prqperty or any right, title or interest in the fieal Pr,operry; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outrigMt sale, daed, installment sale contract, land contract, con4ract
<br />fpr deed, leasehold interest with a term greater than thrae (3) yeans, leas,e-option contrao#, or by sale, assignment, or trartsfer of any
<br />beneficial interest in or to any land trust holding titl� to the Reai f'roperty, or by any other method of conveyance of an interest in the Real
<br />Property. However, this option shsll not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />7AXE5 AND LIENS. The foFlowing provieions relating ta the taxes and liens on the Property are part of this Deed of "frust:
<br />Payment. Trustor shall pay when due (end in all events prior to dalinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and impositians levied against or on account of the Property, and shall pay when due all claims fpr wark done
<br />on or for services rendered or material furnished to the Property. Trustar shall maintain the Prqperty fnee of all liens hauing priority
<br />over pr equai to the interest af Lender under this Deed af Trust, except for the lien of taxes and assessments not �ue and except as
<br />otherwise provided in this beed of Trust.
<br />Right tn Corttest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />p6ligation to pay, so long as Lender's interest in the Pro,perty is not jeopardized. If a hien arises or is filed as a res�ult of npnpayment,
<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 the discharge of the lien, or if requested by Lender, deposit wixh Lender cash or a sufficient carporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the Iien pbus any costs and attorneys' fees, or pther charges
<br />that could accrue as a result of a fpreclosure or sale wnder the lien. In any con#est, Trustor shall dafiend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement ageinst the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
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