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Loan No: 810172
<br />DEED OF RUST
<br />(Contin ed) 2 0�.10 315 � Pege 2
<br />shall use, generate, manufacture, store, treat, dispose of or release
<br />and (b) any such activity shall be conducted in compliance w
<br />ordinances, including without limitation alI Environmental Laws. Tr
<br />to make such inspections and tests, at Trustor's expense, as Lend<
<br />with this section of the Deed of Trust. Any inspections or tests m�
<br />construed to create any responsibility or liability on the part of Lei
<br />warranties contained herein are based on Trustor's due diligence i
<br />hereby (1) releases and waives any future claims against Lender fc
<br />cleanup or other costs under any such laws; and (2) agrees to i
<br />claims, losses, liabilities, damages, penalties, and expenses which I
<br />breach of this section of the Deed of Trust or as a consequence o
<br />threatened release occurring prior to Trustor's ownership or intere;
<br />been known to Trustor. The provisions of this section of the Deec
<br />survive the payment of the Indebtedness and the satisfaction and
<br />affected by Lender's acquisition of any interest in the Property, whei
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any ni
<br />or to the Property or any portion of the Property. Without limiting tl
<br />any other party the right to remove, any timber, minerals (includi
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove ;
<br />written consent. As a condition to the removal of any Improvemen•
<br />to Lender to replace such Improvements with Improvements of at leF
<br />Lender's Right to Enter. Lender and Lender's agents and represent�
<br />attend to Lender's interests and to inspect the Real Property for p�
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall prom
<br />hereafter in effect, of all governmental authorities applicable to the i
<br />Americans With Disabilities Act. Trustor may contest in good faith
<br />during any proceeding, including appropriate appeals, so long as Tru:
<br />in Lender's sole opinion, Lender's interests in the Property are not ja
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lende
<br />Duty to Protect. Trustor agrees neither to abandon or leave unatte
<br />those acts set forth above in this section, which from the character
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's optio
<br />Deed of Trust upon the sale or transfer, without Lender's prior written co
<br />Real Property. A"sale or transfer" means the conveyance of Real Proper
<br />beneficial or equitable; whether voluntary or involuntary; whether by out
<br />for deed, leasehold interest with a term greater than three (3) years, I
<br />beneficial interest in or to any land trust holding title to the Real Property
<br />Property. However, this option shall not be exercised by Lender if such e
<br />my Hazardous Substance on, under, about or from the Property;
<br />n all applicable federal, state, and local laws, regulations and
<br />�tor authorizes Lender and its agents to enter upon the Property
<br />may deem appropriate to determine compliance of the Property
<br />e by Lender shall be for Lender's purposes only and shall not be
<br />ier to Trustor or to any other person. The representations and
<br />investigating the Property for Hazardous Substances. Trustor
<br />indemnity or contribution in the event Trustor becomes liable for
<br />demnify, defend, and hold harmless Lender against any and all
<br />:nder may directly or indirectly sustain or suffer resulting from a
<br />any use, generation, manufacture, storage, disposal, release or
<br />in the Property, whether or not the same was or should have
<br />of Trust, including the obligation to indemnify and defend, shall
<br />econveyance of the lien of this Deed of Trust and shall not be
<br />er by foreclosure or otherwise.
<br />sance nor commit, permit, or suffer any stripping of or waste on
<br />r generality of the foregoing, Trustor will not remove, or grant to
<br />3 oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />� Improvements from the Real Property without Lender's prior
<br />Lender may require Trustor to make arrangements satisfactory
<br />equal value.
<br />es may enter upon the Real Property at all reasonable times to
<br />�ses of Trustor's compliance with the terms and conditions of
<br />�tly comply with aII laws, ordinances, and regulations, now or
<br />se or occupancy of the Property, including without Iimitation, the
<br />any such law, ordinance, or regulation and withhold compliance
<br />tor has notified Lender in writing prior to doing so and so long as,
<br />�pardized. Lender may require Trustor to post adequate security
<br />'s interest.
<br />ided the Property. Trustor shall do all other acts, in addition to
<br />and use of the Properry are reasonably necessary to protect and
<br />, declare immediately due and payable all sums secured by this
<br />sent, of all or any part of the Real Property, or any interest in the
<br />� or any right, title or interest in the Real Property; whether legal,
<br />�ht sale, deed, installment sale contract, land contract, contract
<br />�se-option contract, or by sale, assignment, or transfer of any
<br />or by any other method of conveyance of an interest in the Real
<br />3rcise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and lie�s on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to deli
<br />water and sewerl, fines and impositions levied against or on accoun
<br />on or for services rendered or material furnished to the Property. '
<br />over or equal to the interest of Lender under this Deed of Trust, ex�
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, asse:
<br />obligation to pay, so long as Lender's interest in the Property is not
<br />Trustor shall within fifteen (15) days after the lien arises or, if a Iie
<br />filing, secure the discharge of the lien, or if requested by Lender, c
<br />other security satisfactory to Lender in an amount sufficient to discF
<br />that could accrue as a result of a foreclosure or sale under the lien
<br />satisfy any adverse judgment before enforcement against the Prope
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender :
<br />shall authorize the appropriate governmental official to delivar to Len
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fiftef
<br />furnished, or any materials are supplied to the Property, if any mecl
<br />account of the work, services, or materials. Trustor will upon reque
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to
<br />Maintenance of Insurance. Trustor shall procure and maintain
<br />endorsements on a replacement basis for the full insurable value
<br />sufficient to avoid application of any coinsurance clause, and with a
<br />procure and maintain comprehensive general liability insurance in s
<br />Lender being named as additional insureds in such liability insur
<br />insurance, including but not limited to hazard, business interruption,
<br />shall be written in form, amounts, coverages and basis reasonabl�
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, �
<br />of insurance in form satisfactory to Lender, including stipulations th
<br />ten (10) days prior written notice to Lender. Each insurance policy F
<br />of Lender will not be impaired in any way by any act, omission or de
<br />located in an area designated by the Director of the Federal Emerge
<br />agrees to obtain and maintain Federal Flood Insurance, if available, f
<br />on the property securing the loan, up to the maximum policy limits
<br />required by Lender, and to maintain such insurance for the term of th
<br />Application of Proceeds. Trustor shall promptly notify Lender of any
<br />if Trustor fails to do so within fifteen (15) days of the casualty. Whe
<br />election, receive and retain the proceeds of any insurance and appl�
<br />any lien affecting the Property, or the restoration and repair of the P
<br />repair, Trustor shall repair or replace the damaged or destroyed Impr
<br />satisfactory proof of such expenditure, pay or reimburse Trustor fro
<br />Trustor is not in default under this Deed of Trust. Any proceeds w
<br />and which Lender has not committed to the repair or restoration of tf
<br />under this Deed of Trust, then to pay accrued interest, and the re
<br />Indebtedness. If Lender holds any proceeds after payment in full
<br />quency) all taxes, special taxes, assessments, charges (including
<br />of the Property, and shall pay when due all claims for work done
<br />rustor shall maintain the Property free of all liens having priority
<br />3pt for the lien of taxes and assessments not due and except as
<br />nent, or claim in connection with a good faith dispute over the
<br />opardized. If a lien arises or is filed as a result of nonpayment,
<br />is filed, within fifteen (15) days after Trustor has notice of the
<br />�osit with Lender cash or a sufficient corporate surety bond or
<br />•ge the lien plus any costs and attorneys' fees, or other charges
<br />In any contest, Trustor shall defend itself and Lender and shall
<br />�. Trustor shall name Lender as an additional obligee under any
<br />�factory evidence of payment of the taxes or assessments and
<br />at any time a written statement of the taxes and assessments
<br />(15) days before any work is commenced, any services are
<br />iic's lien, materialmen's lien, or other lien could be asserted on
<br />of Lender furnish to Lender advance assurances satisfactory to
<br />the Property are a part of this Deed of Trust.
<br />policies of fire insurance with standard extended coverage
<br />covering all Improvements on the Real Property in an amount
<br />standard mortgagee clause in favor of Lender. Trustor shall also
<br />ich coverage amounts as Lender may request with Trustee and
<br />ince policies. Additionally, Trustor shall maintain such other
<br />jnd boiler insurance, as Lender may reasonably require. Policies
<br />acceptable to Lender and issued by a company or companies
<br />iill deliver to Lender from time to time the policies or certificates
<br />it coverages will not be cancelled or diminished without at least
<br />so shall include an andorsement providing that coverage in favor
<br />ault of Trustor or any other person. Should the Real Property be
<br />icy Management Agency as a special flood hazard area, Trustor
<br />�r the full unpaid principal balance of the loan and any prior liens
<br />;et under the National Flood Insurance Program, or as otherwise
<br />:loan.
<br />loss or damage to the Property. Lender may make proof of loss
<br />her or not Lender's security is impaired, Lender may, at Lender's
<br />the proceeds to the reduction of the Indebtedness, payment of
<br />�perty. If Lender elects to apply the proceeds to restoration and
<br />�vements in a manner satisfactory to Lender. Lander shall, upon
<br />� the proceeds for the reasonable cost of repair or restoration if
<br />iich have not been disbursed within 180 days after their receipt
<br />e Property shall be used first to pay any amount owing to Lender
<br />nainder, if any, shall be applied to the principal balance of the
<br />�f the Indebtedness, such proceeds shall be paid to Trustor as
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