|
20�1022�7
<br />5. Borrower shall keep the described Property in good condition and repair; shall
<br />promptly repair, or replace, any improvement which may be damaged or destroyed; shall not
<br />commit or permit any waste or deterioration of the real estate hereinabove described, shall not
<br />remove; demolish or substantially alter any of the improvements on the Property; shall not
<br />commit, suffer or permit any act to be done in or upon the Property in violation of any law,
<br />ordinance or regulation; and shall promptly discharge at Borrower's cost and expense all liens,
<br />encumbrances and charges levied, imposed or assessed against the described real estate or any
<br />part thereof.
<br />6. Borrower shall keep the Property in compliance with all applicable laws, ordinances
<br />and regulations relating to industrial hygiene or environmental protection (collectively referred to
<br />herein as "Environmental Laws"). Borrower shall keep the Property free from all substances
<br />deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein
<br />as "Hazardous Materials"). Borrower hereby warrants and represents to Lender that there are no
<br />Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and hold
<br />harmless Lender, its directors, officers, employees and agents, and any successors to Lender's
<br />interest, from and against any and all claims, damages, losses and liabilities arising in connection
<br />with the presence, use disposal or transport of any Hazardous Materials on, under, from or about
<br />the Property. THE FOREGOING WARRANTIES AND REPRESENTATION, AND
<br />BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />7. Borrower shall not sell, transfer, assign, convey or further encumber all or any part of
<br />or any interest in the Property hereinabove described, either voluntarily or involuntarily, without
<br />the express prior written consent of Lender or as otherwise herein permitted, and in the event of
<br />any such sale, transfer, assignment, conveyance or transfer in violation of this provision, Lender
<br />shall have the option to declare all sums secured hereby immediately due and payable.
<br />8. If Borrower fails to perform the covenants and agreements herein contained, Lender
<br />may do and pay for whatever is necessary to protect the value of the property and Lender's rights
<br />in the Property, including the paying of any sum secured by a lien which has priority over this
<br />Deed of Trust, appearing in Court, paying reasonable attorney fees and entering the Property to
<br />make repairs. Any amount disbursed by Lender under this paragraph shall become an additional
<br />debt of Borrower secured by this Deed of Trust, to bear interest from the date of disbursement
<br />and said amount, together with the then unpaid principal amount, shall bear interest at the highest
<br />lawful rate until refunded by Borrower.
<br />9. The proceeds of an condemnation award are hereby assigned and shall be paid to
<br />Lender and shall be applied to the sum secured by this Deed of Trust, whether or not then due,
<br />with any excess to be paid to Borrower.
<br />10. Any extensions or modifications of the loan granted by Lender to any successor in
<br />interest of Borrower shall not operate to release the liability of the original Borrower or
<br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
<br />shall not be a waiver of or preclude the exercise of any right or remedy.
<br />11. Any notice to Borrower provided for in this Deed of Trust shall be given by
<br />delivering it or mailing it by first class mail unless Nebraska Law requires use of another
<br />method, at the Borrower's last known address.
<br />12. This Deed of Trust shall be governed by Nebraska Law.
<br />13. Lender shall give notice to Borrower following Borrower's breach of any covenant or
<br />agreement in this Deed of Trust and the Debt which it secures. The notice shall specify (a) the
<br />default, (b) the action required to cure the default, (c) a date not less than ten (10) days from the
<br />date the notice is given to Borrower by which the default must be cured, and (d) that failure to
<br />cure the default on or before the date specified in the notice may result in acceleration of the sum
<br />secured by this Deed of Trust and sale of the Property pursuant to the power of sale herein
<br />granted. The notice shall further inform Borrower of the right to reinstate, after acceleration, and
<br />the right to bring a court action to assert the nonexistence of a default or any other defense of
<br />Borrower to acceleration and sale. If default is not cured, on or before the date specified in the
<br />notice, Lender, at its option may require immediate payment in full of all sums secured by this
<br />Deed of Trust without further demand and may invoke the power of sale and any other remedies
<br />permitted by Nebraska Law. Lender shall be entitled to collect all expenses incurred in pursuing
<br />
|