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D�ED OF TRUST �1 ! <br />(Continued) � 0� j 0 � 1 �� Page 2 <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the periad of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, starage, treatment, disposal, releass or threatened release of any <br />Hazardous Substance 6y any persan on, under, about or from the Property; (2) Trustar has na knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of tha 1'raperty, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed tb and <br />acknnwledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or nther authorixed user of the Proparty <br />shall use, generate, manufacture, store, treat, dispose of or release any Wazardous Substance on, under, about or from 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 limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br />with this section of the Deed of Trust. Any inspections ar tests made by Lender shall be for l.ender's purpases vnly and shall not be <br />construad to create any responsibility or liability on the part of Lender to Trustor or to any other persan. The representations and <br />warrenties contained herein are based on Trustor's due diligence in investigating the f'roperty for Hazardous Substances. Trustor <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 other 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 of this section of the Deed of l'rust or as a consequence of any use, generation, manufacture, storage, disposal, release or <br />threatenad release occurring prior to Trustor's pwnership or interest in the Property, wheiher or not the sama was or should have <br />baen known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and detend, shall <br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed nf Trust and shall not be <br />affected by Lender's acquisition of any interest in ihe Property, whether dy foreclasure or otherwise. <br />Nuisance, Waste. Trustar 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 nf the Property. Without limiting the generality of the faregning, Trustor will not remove, or grant to <br />any pther party the right to remove, any iimber, minerals (including pil and gas1, coal, clay, scoria, soil, gravel qr rqck products <br />without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demplish or remove any Improvements from the Real Property withput Landar's prior <br />written consent. As a condition to the removal of eny Improvements, Lender may require 7rustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements of at least equal value. <br />Lender'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 Deed of Trust. <br />Compliance with Governmantal Requirements. Trustor shall promptly comply with all laws, prdinances, and regulations, now or <br />h�reafter in effect, of all governmental authorities applicable to the use or occupancy af the Property, including without limitation, the <br />Americans With Disabilities Act. Trustor 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 not jeopardized. Lender may raquire Trustor to post adequate security <br />or a surety bond, reasonably satisiactory to l.ender, to protect Lender's interest. <br />Duty to Protect. Trustor agrees neither to abandnn or leave unatCended the Property. Trustor shall do all other acts, in addition to <br />those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and <br />preserve the Property. <br />DUE ON SALE - CONSENT BY LEND�R. Lender may, at Lender's optinn, declare immediately due and payable all sums secured by this <br />Deed of Trust upon the sale or transfar, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the <br />Real Property. A"sale or transfer" means the conveyance of Real Property or any right, titla 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 foUowing provisions relating to the taxes and liens on the Property ara part af this Deed 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 sewer�, fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done <br />on or far services rendered or material furnished to the Property. Trustar shall maintain the Property free of all liens having priority <br />over or equal tn the interest of Lender under this Deed of Trust, except for tha lien of taxes and assessments not due and except as <br />vtherwise provided in this Deed of 7rust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the <br />obligetion to pay, so long as Lender's interest in the Property is not jeopardized. If e lien arises or is filed as a result of nonpayment, <br />Trustor shall within fifteen (15) days after the lien arises nr, if a lien is filed, within fifteen (15) days after Trustor has nptice of tha <br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash pr a sufficient corporate surety bond or <br />other security satisfactory to Lender in an amount sufficient to discharge #he lian plus any costs and attorneys' fees, or other charges <br />that could accrue as a result of a foraclosure ar 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 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 gavernmantal official to deliver to Lender at any time a written statement of the taxes and assessments <br />against the Property. <br />Notice of Constwuction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are <br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or ather lien could be asserted on <br />account of the work, services, or rrteterials. TrusTOr will upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of such improvaments. <br />PROPERTY DAMAGE INSURANC�. The following provisians relating to insuring the Property are a part of this Deed t�f Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endarsements on a replacement basis for the full insurable velue covering all Improvemenis on the Real Property in an amount <br />sufficient to avoid application of any coinsuranca clausa, and with a standard mprtgagae clause in tavor of Lender, 7rustpr shall alsp <br />procure and maintain comprehensive general liebility insurance in such coveraga ampunts as Lender mey request with Trustee 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 reaspnably require. Pplicies <br />shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies <br />reasonably accepta6le to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the palicies or certificates <br />of insurance in form satisfactpry to Lender, including stipulations that coverages will not be cancelled or diminished without at least <br />ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor <br />of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be <br />located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, 7rustor <br />agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens <br />on the property securing the laan, up to the maximum palicy limits set under the Natianal Flood Insurance Program, or as otherwise <br />required by Lender, and to maintain such insurance for the term of the loan. <br />Application of Proceeds. 7rustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss <br />if Trustar fails tv do so within fif#een (15) days pf the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's <br />