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<br />DEED OF TRUST 2 O 1 � O O 2 9��
<br />(Continuedl
<br />Page 2
<br />and (b) �ny such activity shell be conducted in compliance with all spplicable federal, state, and local laws, regulations and
<br />ordinances; including without limitation all �nvironmant�l Laws. Trustor authorizes l.ender and i#s agents to enter upon the Property
<br />A ta make sueh inspections and tests, at 7rus#ar's expense, as Lender may deem appropriate tn determine compliance of the Property
<br />with this sec#ion af the beed nf Trust. Any inspections or tests made 6y Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the psrt of Lender to Trustor or to any nther person, The representatians and
<br />werranties conteined herein are based an 7rustar's due diligence in investigating the Property for Hazardaus 5u6stences, Trustor
<br />hereby (1 � releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />deanup 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, demages, penalties, and expenses which Lender may directly nr indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a cansequence of any use, generation, manufacture, storage, disposal, release or
<br />threataned release occurring prior to Trustor's nwnership or interest in the Prnperty, whether or not the seme was or should have
<br />been known�,�n Trustnr. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, sh�ll
<br />survive the,payment of the Indebtedness end the satisfaction and reconveyence of the lien af this Deed of Trust and shall not 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 nr permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />nr 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 other party the right to remove, any timber, minerals (including oil and gas►, coal, clay, scorie, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall nnt demolish qr remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition tn the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Imprnvements with Improvements nf 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 fnr purposes of Trustor's complience with the terms znd conditions of
<br />this Deed of Trust,
<br />Gompliance with Gouernmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of atl governmental authoritias appliceble to the use or occupsncy of the Property, including without limitatinn, the
<br />Americans With Disabilities Act. Trustor mey cantest in good faith any auch law, ordinance, or regulation and withhold campliance
<br />during any proceeding, including appropriete appeals, so Iong as 7rustor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole npinion, Lender's interests in the Property are nnt jeopardized. Lender may require Trustor #n post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interex#.
<br />Duty to Pretect. Trustor agrees naither to abandon or leave unattended the Property. Trustnr 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 n�cessary to protect and
<br />preserve the Property,
<br />Cnnstruction Loan. If some or all of the proceeds nf the loan creating the Indebtedness are to be used to construct or camplete
<br />construction of any Improvements on the Property, the Improvements shall be completed no later then the maturity date of the Note
<br />(or such earlier date as Lender may reasone6ly establish) and Trustnr shall pay in full all costs and expenses in connection with the
<br />work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary tn insure that
<br />the interest created by this need of Trust shall have priority over all possible liens, including those of material suppliers and workmen.
<br />Lender may require, among other things, that dis6ursement requests be supported by receipted bills, expense affidavits, waivers of
<br />liens, construction progress reports, and such other documentation as Lender may reasonably request.
<br />DUE ON SALE - CONS�N7 8Y LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust u�2pn the sele or_transfer, without Lender's_prior written consent, of all or any part of the Real Property, or any intarest in the
<br />Real f'roperty. A"sale or transfer' means the conveyance of Real Property or any right, title nr interest in the Real Properfy; whetf�er legal,
<br />beneficial or equitable; whe#her voluntary or involuntary; whether by outright sale, deed, installment sale contract, lend contract, contract
<br />fnr deed, leasehold interest with a term greater than three (3) years, leass-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, nr by any other method of conveyance of an interest in the Real
<br />Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership nf more
<br />than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the cese may be, of such
<br />Trustor. 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. 7he following provisions relating #o the taxes and liens on the Property are part of this Deed of 7rust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special texes, assessments, chsrges (including
<br />water and sewer�, fines and impositions levied against or on account of the F'rpperty, and shall pay when due all cleims fnr work done
<br />on or for services rendered or material fumished to the Property. 7rustor shall maintain the Proparty free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and sssessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. 7rustor may withhold payment of any tex, essessment, or claim in connap#ion with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in tha Prnperty is not jeopardized. If a lian 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 notice of the
<br />filing, secure #he discharge of the lien, or if requested by Lender, deposit with L.ender cash or a sufficient corporate surety 6ond nr
<br />other aecurity setisfectory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />that cnuld eccrue as a result of a foreclosura or sale under the lien. In any contest, Trustnr shall defend itself and Lender and shell
<br />satisfy any adverse judgment befare enforcement against the Property. Trustor shall name Lender as an edditionel obligee under any
<br />surety bond furnished in the cnntest proceedings,
<br />Evidence of Payment. 7rustor shall upon demand furnish to Lender satisfactory evidence of payment of the texes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at any time a writ#en statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor ahall notify Lender at least fifteen (15) days before any work is commenced, any services are
<br />furnished, or any materials ere supplied to the Property, if any mechanic's lien, materialmen's lien, or qther lien could be asserted on
<br />account af the wnrk, servines, or materials. l'rustvr will upan request of Lender furnish to Lander advance assurances satisfactory ta
<br />Lender that Trustor can and witl pey the cost of such improvements.
<br />PRUPER"fY I]AMAGE INSURANCE. The following provisions relating to insuring the Property are a pert of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value covering all Imprnvements on the Real Prpperty in en amount
<br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also
<br />procure and maintain cnmprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
<br />Lender being named as additional insureds in such liebility 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, ambunts, coverages and basis reasona6ly accepteble to Lender and issued by a company ar cnmpanies
<br />reasonebly accepteble to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
<br />nf insurance in form satisfactory to Lender, including stipulations that coverages will npt be cancelled or diminished without at laast
<br />ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in fevor
<br />of Lender will nnt 6e impeired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be
<br />locsted in an erea designated by the Director of the Federal Emergency Management Agency as a speaial flood hazard area, trustor
<br />agrees to obtain and maintain Federal Flood Insurence, if available, for the full unpaid principel belance of the loan and any prior liens
<br />on the property securing the loan, up to the meximum pnlicy limits set under the National Flpnd Insurance Program, or as otherwise
<br />required by Lender, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall prpmptly notify Lender of any loss or damage to the Praperty. Lender may make proof of Ioss
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