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DEED OF TRUST 2 Q 10 Q 9$ � 0
<br />(Continued) Page 2
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Envirpnmantal Laws. Trustor represents and warranis to Lender that: (1) During the period of 7rustor's ownership
<br />of the Property, there has been np use, generation, manufacture, storage, treatment, disposal, reieese or threatened release of any
<br />Hazardous Substance by any persan on, under, about or from the Property; (2) Trustar has nn knnwledge of, or reason to believe
<br />that there has been, except as previously disclosed tn and acknowledged by Lender in writing, (a) any breach or vinlatinn of any
<br />Environmental Lews, (b) any use, generatipn, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about ar from the f'roperty 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) Excapt as previously disclosed ta and
<br />acknowledged by Lender in writing, (a) neither 7rustor nor any tenant, contractor, agent or other authorized 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 (b) any such activity shall 6e conducted in compliance with all applicable federal, state, and local laws, reguia[ions and
<br />ordinances, including without limitetion all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspectibns and tests, at Trustor's expense, as Lender may deem appropriate ta determine compliance of the Property
<br />with this sectian af the Deed of 7rust. Any inspections or tests made 6y Lender shell be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to 7rustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Prpperty for Hazardous Substances. 7rustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or ather costs under any such laws; and (2) agrees 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 pf this section of the �eed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release br
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was nr should have
<br />been knawn to 7rustor. 7he provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfactibn and reconveyance of ihe lien of this Deed of Trust and shall nbt 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, 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 pther party the right to remove, any timber, minerals (including oil and gas►, coal, clay, scoria, soil, gravel pr rpck prpducts
<br />without Lender's prior written consent.
<br />Removat of Imprpvaments. Trustor shall not demolish pr remove any Improvements from the Real Property withput Lender's pripr
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />ta Lender to replace such Improvements with Improvements of at least equal value.
<br />Lendar's Right to Enter. 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 Trustor's compliance with the terms and conditions of
<br />this beed of Trust.
<br />Compliance with Governmentsl 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 af the Property, including wi[hout limitation, the
<br />Americans With Disabili[ies Act. Trustnr may contest in gaod faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are nat jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, ta protact Lender's interest.
<br />Duty to Pratect. Trustor egrees neither to abandon or leave unattended the Property. Trustor shall do all other ects, in addition to
<br />those acts set forth above in [his section, which from the character and use of the Property are reasonably neeessary to protect and
<br />preserve the Property,
<br />DUE ON SALE - CON5EN7 BY LEND�R. Lender may, at Lender's option, declare immediately due and paya6le all sums secured by Chis
<br />Deed of Trust upon the sale ar transfer, without Lender's pripr written consent, of all or any part of ihe Real Prpperty, ar any intarest in the
<br />Real Property. A"sale or transfer" means the conveyance of Real Prbperty or any right, iitle 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 contraci, ar 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 conveyance of an interest in the Real
<br />Property. However, this option shall not 6e exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AIVD LIENS. The following provisions relating to ihe taxes and liens on the Property are part of this �eed pf Trust:
<br />Payment. Trustor shall pay when due (end 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 work dane
<br />on or for services rendered ar materiel furnished to the Praparty. Trustor shall maintain the Property free af all liens having priority
<br />over ar 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 pravided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connectipn with a good faith dispute over the
<br />o�ligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />7rustar 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 with Lender cash or a sufficient corpora[e surety bond or
<br />other security satisfactory to Lender in an amount s�lfficient to discharge the lien plus any costs and attorneys' fees, or pther charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustar 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 6ond furnished in the contest proceedings.
<br />Evidence 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 [ime a written statement ot the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify L.ender at least fifteen (15) days before any work is cammenced, any services are
<br />furnlshed, or any materials are supplied to the Proper[y, if any mechanic's lien, ma[erialmen's lien, or o#her 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 can and will pay the cast of such improvemen[s.
<br />PROPERTY �AMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of 7rust.
<br />Maintenance af Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insura6le value covering all Improvements on the Real Property in an amount
<br />sufficient to avoid application of any coinsurence clause, and with a standard mortgagee clause in favor pf Lendar. Trustor shall also
<br />procure and maintain comprehensive general liability insurance in such coverage amounts as Lander may request with Trusiee and
<br />Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
<br />insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies
<br />shall be written in form, ampunts, coverages and basis reasonably acceptable to Lender and issued by a company pr campanies
<br />reasonably accepTable to Lender. 7rustor, upan request of Lender, will deliver to Lender from time [o time the policies or certificates
<br />of insurance in form satisfactory to Lender, including stipulations thet coverages will not be cancelled or diminished without at least
<br />thirty (30) days prior written notice to Lender. Each insurance policy also shsll include an endorsement providing that coverage in
<br />favor of Lender will not be impaired in any way by any act, omission or default of 7rustor or any other person. Should the Raal
<br />Property be located in an area designated by the Pirector of the Federel Emergency Management Agency as a special flood haaard
<br />area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and
<br />any prior liens on the property securing the loan, up to the maximum policy limits set under [he Natianal Flood Insurance f'rogram, or
<br />as otherwise required 6y Lender, and to maintain such insurance for the term of the loan.
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