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201100113
<br />. � o��Q o� zRUSr
<br />Loan No: 8'IQ1U1 (Continued) ,
<br />Page 2
<br />shall use; generate� menufacture, store, traet, diapoae of or release eny Hazardous 5ubetance on, under, about or from the Property;
<br />and (b► any such activity shall be conducted in compliance with all applicable federal, aiate, and local laws, regulations and
<br />ordinanc�s, including without limitation all Enviranmentel l.aws. 7rustor authorizes Lender and its agents to snter upon the Property
<br />to make such inspectlons and'tests, at Trustor's expense, as Londar may deem eppropriste to determina aompliance of the Property
<br />with this section qf the Deed of Trust. Any (nspeations vr tests made hy Landar shall be for Lender's purposes only and shall no# be
<br />construed to craate any responsihility or liability on the part of l.ender ta Trustor or to any other perspn. Tha representatiqns .and
<br />warranties contained herein are based ar1 7rustor's due diligense•,.in irtvestigating the Praparty for Mazardous 5u6stances. Trustor
<br />hereby (1) releasea and weives any future claims against Lender far'indemnity or contribution in the event Trustar becames liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemrllfy, defend, and hold harmless Lender against any and all
<br />claims, lossea, liabilities, damagea, penalties, and expenses which Lander may dirently or indirectly susteln or suffer resulting from a
<br />breach af this section of the Desd vf Trust or as a consequenca of any use, generation, manufecturs, storage; dispossl, release or
<br />threatened relaase occurring prior to Trustor's awnership nr interest in the Property, whether ur not the same was or shnuld have
<br />been known to Trustor. The provisions of this sectlon af the Deed of Trust, includin.g the obligation to indemnity and defend, shall
<br />survive the. payment of the Indebtadness and tha satisfactian and racanveyanca of the lien of this qeed of Trust and shall not be
<br />affected by Lendor's ecquisition oF eny interest in the Property, whether by foreclosure or otherwise.
<br />Nuisanca, Waste. 7rustor shall not cause, conduct ar permit any nuisande nor commit, permit, or suffer any stripping pf or waste on
<br />or to the�Property or any portion of the Property. Without limiting the generality of the toregaing, T'rustor will not remove, or grant to
<br />any other party the rlght to remove, any timbsr, minerals (including ol1 and gas►, coal, elay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent. ,
<br />Removal pf Improvemants. Trustor shall nat demoliah or remove any Improvements from the Reat Property without Lendsr's prior
<br />wriCten consent. As a cpndition to the removal of ony Improvements, Lender may require Trustor to make arrangements Satisfactory
<br />tq Lender to replace such Improvementa with Improvements of at leasrequal value.
<br />Lander's Right to Enter. Lender and Lender's egents and representetives may entar upon the Real Property ai all reaspnabls times to
<br />attend to Lerrder's interests and to inspect the Real Property for purpoaes of Trustor's compliance with the tarms end conditions of
<br />� thls Deed of Trust.
<br />Campliance with Gavarnmental Raqulramenta. Trustor shall promptly comply with all lews, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicahla to the ase or accupancy of the Property, tncluding wlthout limitatinn, the
<br />Americens Wfth Disabilitias Act. Trustvr may canteat in gaod faith any su�ch law, ordinance, or regulatian and withhold compliance
<br />during any proceeding, including approprlate appeals, �p long as Ttuator has natified Lender in writing prlor ta dving so and so Iong as,
<br />in i.ender's sole opinion, Lender's Intereata in the Property are not jeopardized. I.ender may require Trustor to post adequate security
<br />or a suraty bond, reasonably satisfactory to (..ander, to protect lender'a interest.
<br />puty to Protect. Trustor egrees nelther ta abandon or Ieave unaktended tha Praperty. Trustor shall do all vther acts, In addition to
<br />those acts set forth above in this section, whlch from .the charecter and usa af the Property are reasanably necessary to protect and
<br />preserve the Praperty. •
<br />DUE ON SAL@ - CONSENT BY LEIMI7ER. Lender may, at Lender's option, declare Immedlately dua and payable all sums secured by thls
<br />Deed of Trust upvn the sale or tranafer, without Lender's prior written consent, af all or any part of the Real Property, ar•eny interest in the
<br />Real Property. A"sale or transfer" maans the convayance of Reel Property vr any rlght, title or interest In the Real Property; whether legal,
<br />beneficial ar equiteble; whether voluntary or involuntary; whether by autright sale, deed, instellment sale contract, land contract, contract
<br />for deed, leesehold interest with s tarm greater than three (3) yeers, lease-aption contract, or by sale, essignment, or transfer of any
<br />6eneflciel interest in or to any lend trust holding title to the Real Praperty, or bY any other method of conveyence of an interest in the Real
<br />Property: However, this option ehall not be exerclsed by Lendar if such exercise is prohibited by federal law or by Nebrasks law.
<br />TAXES ANO LI�N$. The folldwing provisions relating ta the taxes and liens an the Praperty are part of this �eed of Trust:
<br />Peyment. 7rustor shall pay whan due (and In all events pripr ta delinquency) all taxes, specisl texes, assessments, chergea �including
<br />weter and sewerl, fines and impoaitions levied ageinst or on account af the Property, and shall pay when due all claims for work dons
<br />on or tor services rendernd or materlal furnished ta the Prpperty. Truato.r shell mefntein the Property frea af all liena having priority
<br />oyer vr equal to the interest af Lender under this Desd of Trust, except for the lien of taxes and assessments not due and excapt as
<br />otherwise provldad in thia Deed pf Trust.
<br />Right to Contest. Trustor may withhald payment af any tax, assassment, ur clatm in cannection with a good faith dispute vver the
<br />obligatian to pey, so long as Lender'a intereat In the Property Is not jeopardized. If e lien erises ar is filed as a result of nonpayment,
<br />Trustor shall .within fiftaen (15) days efter the lien arises or, if o lien Is filed, within fiftaen (15) days after Trustor has notice of the
<br />filing, sa�ure the discharge of the lisn, or ff requested by Lender, depoait wlth Lender cash or a sufficient corpqrata aurety 6ond vr
<br />other aecurity satisfectory to Lender in an amount sufficient to discharge the Ilen plus any costs and attarneys' fees, or other charg,es
<br />that could accrue as e rvsult of e forecloaure or sele under tha lian. In ony aortast, Trustor ehail defend Itaelf and l.ender and shall
<br />satisfy any adverse judgment befare enforcement against the Praperty. Trustor shall name Lender as en additional o6ligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence af Payment. 7rustor shall upnn demend furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate,gavernmental official to deliver to Lender at any tlme a written statement of the taxes and assessments
<br />against the Property. •
<br />Notice af Constructlon.. 7rustor ahall notify Lender et least fifteen (16) days before any work is commenced, any services are
<br />furnished, ar any materials are supplied to the Praperty, if any mechanic's lien, mat�rialmen's lien, or other lien could be asserted on
<br />account af the wark, servlces, or materials. Trustor will upon request of Lender furnish to Lender advance �ssurances satisfactary to
<br />Lander that Trustar can and will pay the cost of such imprnvemants.
<br />PR�pERTY DAMAGE INSURANCE. The following pravisions releting to insurfng the Property ere e part vf this Deed pt Trust.
<br />Meintenance of Insura�ca_ Trustar shall procure and maintain polfcies of fire ln�urance with standard extended caverage
<br />endorserr�enta on e replacement beais for the full insurable value covering all Improvements vn th6 Real Prpperty in an emqunt
<br />sufficient to avoid of any coinsurance clause, end with a stendard mortgagee clauaa fn favar pf Lender. Trustor shall elsp
<br />procure and maintain cvmprehenaive gener�l liability inaurance in such coverage amounte as l.endar may reqwast with Trustee and
<br />Lender being named �as. additional Insureda (n such liepility insuranca policiea. Additionelly, Truetor ehall maintain such other
<br />insurance, inc►uding but not Iimited ta hexard, business interruption, and boller Insurance, as Lender may reasonably require. Policies
<br />shall be written fn form, emounts, coveragea and basis reasonably acceptable to Lender and issued k►y a company ar companies
<br />reasonably ecceptebla to Lender. Trustor, upon raquest of Lender, will deliver tv Lender frqm time to timA th9 policies ar certificetes
<br />of insurence in form satisfactory to Lender, including atipulations that coverages will nat he cancelled or diminished wtthout et least
<br />ten 1101 days priar wrltten natice.to Lender. Each fnaurance policy also shall include en endorsement provlding that covarage in favor
<br />vf Lender wlll not be impaired in any way by eny act, omission pr default af Trustor pr any pther person. 5hould the Real Property be
<br />located In an araa dealgnated by the Oirsctor of tha Federa'I Emerpency Managament Agancy as e special flood hazerd area, Trustor
<br />agraes tn obtain and malntain Federel Flood Inauranca, if �vailable, fpr the full unpaid princlp�l balance of the loan and any prior liens
<br />on the property securing the Ioan, up to the maximum policy Iimita set 4nder the National Flood Insurance Program, ar as otherwise
<br />required by Lender, and to maintein such Insurence for the term of the loan.
<br />Applicedon of Proa4ads. Trustor ahelt promptly notlfy Lender af any loss or damaga to the Praperty. Lender may make proof of loss
<br />if Trustor fails ta da ao within fiiteen (16) days of the casualty. Whether or not Lender's seourity is impefred, Lender may, at Lender's
<br />elactlpn, receive �nd retein the proc.aeds of any insurance and apply the prc�ceeds to the reductiqn of the Indabtednese, payment of
<br />any lien affecting the Prvperty, or the restoratlon end repair vf the Property. Ii Lender elects to apply the proceeds tv reataratlon and
<br />repair, Trustor shall repair pr replaqe the d8magad or destroyed (mprovements In a mannar satisfactory to Lender. Lender shall, upon
<br />satisfactory prvof of such expenditure, pay or reimburse Trustor from the procaeds fpr the rQasona6le cost of repair or restoration if
<br />"frustar fs not in default under this Deed of T�uat. Any proceads which have not bean dlsbursed wlthin 180 days after their receipt
<br />and which Lender has npt committed to the repatr or restoration of the Prpperty shall be used first to pay any amount vwing tn 4ender
<br />under this f7eed of Trust; then to pay accrued interest, and the remalnder, If any, shall ba applied to the principal balance of the
<br />Indebtedness. If Lender holds any proceeds after payment in full of the tndehtednasa, such proceeds shall be paid ta Trustor as
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