|
' Loan No: 101237128
<br />DEED OF TRUST 2 p� i Q 0 31 i
<br />(Continued) Page 2
<br />shall use, generate, manufacture, store, traat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall ba 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 or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties epntained herein are based on Trustor's due diligence in investigating the Property for Hazardvus Substances. 7rustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the evant 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 Trust or as a consequence of any use, generatian, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. 7he provisions of this section of the Deed of 7rust, including the obligatipn to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of 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 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 Prnperty. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any ather party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, sail, gravel or rock products
<br />without Lender's prior written consent.
<br />Fiempval of Improvements. Trustor shall not damolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may requira Trustor to make arrangements setisfactory
<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 canditions of
<br />this Deed of 7rust.
<br />Compliance with Gavernmental Requirements. Trustor shall promptly comply with all laws, ordinances, and reguletions, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended [he Property. Trustor shall do all other acts, in addition to
<br />thvse 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 I.ENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interast in the
<br />Real Property. A"sale or transfer" means the conveyance of Real Property or any right, title 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 conveyance of an interest in the Real
<br />property. However, this option shall not be exercised by Lender if such exercise is prahibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on ihe Property are part of this Deed of Trust:
<br />Paymen#. Trustor shall pay when due (and in all events prior to delinquency) all taxes, speciel taxes, assessments, charges (including
<br />water and sewerl, fines and impositions levied against ar on account of the Propeny, and shall pay when due all claims for work dane
<br />on or for services randered or material furnished t�r the Presperty. Trustor shall maintain the Property free of alt liens having priority
<br />over or 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 provided in this beed nf Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Prpperty is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<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, pr if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />that could accrue as a result of a foreclosure ar sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgment 6efore enforcament against the Property. Trustor shall name Lander as an additional obligae under any
<br />surety 6ond furnished in the cantast proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments snd
<br />shall authorize the appropriete governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. 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 #he Property, if any mechanic's lien, materialmen's lien, or other 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 cost of such improvements.
<br />PRpPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Proparty are a part of this Dead of Trust.
<br />Maintenance of Insurance. 7rustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />
|