|
DEED OF TRUST 2 � i i � � 3 5 2
<br />Lpan No: 101237452 (COntinued) Page 2
<br />shall use, generate, manufacture, store, treat, dispose of vr release eny Heasrdous 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. Trustar authqrizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at 7rustor's expense, es Lender may deem appropriate to determine compliance of the Prpperty
<br />with this section of the Deed pf Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not�e
<br />construed to create any responsibility or liability on the part of Lender to Trustar or to any nther person. The representatioris a�d
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Mazardous Substances. ••�rcr,�tor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustar becomes liabla for
<br />cleanup or other costs undsr 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 af any use, generation, 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 7rustor. The provisions of this section of the Deed of Trust, including the obligativn to indsmnify and defend, shall
<br />survive tha payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shali not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisenca, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping af or waste�on
<br />onto the Proper#y or ar+y partion of the Property. Withouf ?imifing the generality of the foregaing, Trustor wili not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil end gas►, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove eny Imprpvaments from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvaments, Lender may require Trustor to make arrangements satisfactary
<br />ta Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Entar. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times ta
<br />attend to Lender's interests and to inspect the Real Praperty fpr purposes of Trustor's compliance with the terms and conditions of
<br />this Deed af Trust.
<br />Compliance with Governmental 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 pccupancy of the Property, including without limitation, the
<br />Americsns With Disabilities Act. Trustor may contest in good fafth 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 tn daing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustar to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended 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 sre reasonebly necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT HY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upon the sale ar transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />iieal Property. A"sale or transfer" means the conveyance of Resl Property or any right, title or interest in the Fieal Prppsrty; whether Iegal,
<br />beneficial or equitable; whether voluntary pr 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 cantract, or by sale, assignment, or transfer of any
<br />beneficial interest in or to any land trust holding title to the Real Property, or 6y any other method of conveyance of an interest in the Reai
<br />Prpperty. However, this option shall not be exercised by Lender if such exercise is prohibited by federai Iaw or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to ths taxes and liens on the Property are part of this Deed of Trust:
<br />Peyment. Trustor shall pay when due (and in al) events pripr to delinquency) al) taxes, special taxes, assessments, charges (including
<br />water and sewerl, fines and impo levie.d aqainst. oc an account of ths Pro�ar�y,-,awd-shall-�ay when-due all claims for work dane
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender undar this Dead of Trust, except for the lien of taxes and assessments not due end except as
<br />otherwise provided in this Deed pf Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in cannection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardizad. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen i15) days after the lien arises or, if e lien is filed, within fifteen (15) days after Trustar has notice nf the
<br />filing, secure the discharge of the lien, or if requssted 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 the lien plus any costs and attorneys' fees, or other charges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lendar 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 fumish to Lender satisfactory evidence of peyment of the taxes or assessments and
<br />shall authorize tha appropriate 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 the Property, if any mechanic's lien, materialmen's lien, or pther 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 7rustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSUFtANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustar shell procure and maintain policies nf fire insurance with standard extended coverage
<br />
|