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DEED OF TRUST 2 p i i 0 0 4 6 3
<br />Lnan No: 101237797 (Continued) Page 2
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, nr any other
<br />law which may prevent Lender from bringing any action against 7rustor, including a cleim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or af#er Lender's commencement or completion of any foreclosure action, aither judicially or by
<br />exercise of a power of sale.
<br />PAYM�N7 AND PERFORMANCE. Except as otherwise provided in this Deed of 7rust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Bnrrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of 7rus#, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF TFIE PROPERTY. Borrower and Trustor agree that Borrower's and 7rustor's possession and use of
<br />the Property shall be governed by tha following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and contrpl nf #he Prnperty;
<br />(2) use, operate or menage the Property; and (3) cpllect the Rents from the Property.
<br />Duty to Maintain. Trus#or shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represen#s and warrants to Lender that; (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatmen#, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, ebout or from the Property; (2) Trustor has no knowledge of, or reason tn 6elieve
<br />that there has been, except as previously disclosed to and acknowledc�ed by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, rslease or threatened release of any
<br />Wazsrdous Substence on, under, about or from the Property by any prior owners qr occupants of the Property, or (c) any sctual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclnsed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Wazardous Substance on, under, about nr from the Property;
<br />and (b) any such activity shall be canducted in compliance with all spplicsble federal, state, and Iocal Isws, regulations and
<br />ordinances, including without limitation ell Environmental laws. Trustor authorizes Lender and its agents tn enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender mey deem appropriate to determine compliance of the F'roperty
<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. 7he representations and
<br />warranties contained harein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity nr contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees ta indemnify, defend, and hold harmless Lender against any and all
<br />cleims, losses, lia6ilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer rasulting from a
<br />6reach nf this section of the Deed nf Trust or as a consequence of any use, generation, manufacture, storage, disppsal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Proparty, whether or not the same was nr should have
<br />been known to 7rustor. 7he provisions of this saction of the �eed of Trust, inoluding the obligation to indemnify and defend, shsll
<br />surviva 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 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, senrie, soil, gravel or rock products
<br />without Lendar's prior written consent.
<br />Removal of Improvements. 7rustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a candition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Fiight tn En#er. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />a#tend to Lender's interests and to inspect #he Real Property for purposes of Truator's compliance with the terms and cnnditions of
<br />this Deed of Trust. - - -
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all govemmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With bisabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notifiad Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interes#s in the Property are not jeopardized. Lender may require Trustor 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 eddition 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 IEND�R. Lender may, at Lender's option, declare immediately due and payable all sums secured k�y 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, nr any interest in the
<br />Real f'raperty. A"sele or transfer" means the conveyanca of Reel 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 cnntract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, lease-option contrsct, 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 eny other method of conveyance af �n intarest in the Real
<br />Property. Wowever, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska lew.
<br />7AXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. 7rustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
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