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Loan No: 101240725
<br />OFTRUST 2�iiQ��s�
<br />ntinued)
<br />Page 2
<br />Compliance With Environmental Laws. Trustor represents
<br />of the Property, there has been no use, generation, menu
<br />Hazardous Substance by any person on, under, ebout or f
<br />that there has been, except as previously disclosed to arn
<br />Environmental Laws, (b) any use, generation, manufac
<br />Hazardous Substance on, under, about or from the Propen
<br />threatened litigation or claims of any k(nd by any person
<br />acknowledged by Lender in writing, (a) neither Trustor i
<br />shall use, generata, menufacture, store, treat, dispose of a
<br />and (b) any such activlty shall be conducted in comp
<br />ordinances, including without limitation ell Environmental L
<br />to meke such inspections and tests, at Trustor's expense,
<br />with this section of the Deed of Trust. Any inspections or
<br />construed to create any responsibility or liability on the pi
<br />warranties conteined herein ere besed on Trustor's due d
<br />hereby (1) releases end waives any future claims against
<br />cleanup or other costs under any such laws; end (2) af
<br />claims, losses, liabilities, damages, penalt(es, and expense;
<br />breach of this section of the Deed of Trust or as a conse
<br />threatened release occurring prior to Trustor's ownership
<br />been known to Trustor. The provisions of this section of
<br />survive the payment of the Indebtedness and the satisfac
<br />affected by Lender's acquisition of any interest in the Prope
<br />id warrants to Lender that: (1) During the period of Trustor's ownership
<br />icture, storage, treatment, disposal, release or threatened release of any
<br />>m the Property; (2) Trustor has no knowledge of, or reason to believe
<br />acknowtedged by Lender in writing, (a) any breach or violation of any
<br />ure, storage, treatment, disposal, release or threatened release of any
<br />by any prior owners or occupants of the Property, or (c) eny actual or
<br />alating to such matters; and (3) Except as previously disclosed to and
<br />ir any tenant, contrector, agent or other authorized user of the Property
<br />release any Hezardous Substance on, under, about or from the Property;
<br />�nce with all epplicable federal, state, and local laws, regulations and
<br />ws. Trustor authorizes Lender and its egents to enter upon the Property
<br />�s Lender mey deem appropriate to determine compliance of the Property
<br />ests made by Lender shall be for Lender's purposes only and shall not be
<br />t of Lender to Trustor or to any other person. The representations and
<br />igence in investigating the Property for Hazardous Substances. Trustor
<br />�nder for indemnity or contribution in the event Trustor becomes liable for
<br />ees to indemnify, defend, and hold harmtess Lender against any and all
<br />which Lender may directly or indirectly sustain or suffer resulting from a
<br />�ence of eny use, generation, manufacture, storage, disposal, release or
<br />r interest in the Property, whether or not the same was or should have
<br />he Deed of Trust, including the obligation to indemnify and defend, shall
<br />on and reconveyance of the lien of this Deed of Trust and shall not be
<br />.y, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or per it any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or eny portion of the Property. Without I miting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerels (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 emove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Imp ovements, Lender may require Trustor to make arrangements satfsfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender end Lender's agents and r presentatives may enter upon the Real Property at all reasoneble times to
<br />ettend to Lender's interests and to inspect the Real Prope for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requiremems. Trustor s all promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmentat authorities applicabl to the use or occupancy of the Property, including without limitation, the
<br />Americans �th Disabilities Act. Trustor mey contest in g od faith any such law, ordinance, or regulation and withhold complience
<br />during any proceeding, including appropriete appeals, so lon es Trustor has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property re not jeopardized. Lender may require Trustor to post adequete security
<br />or a surety bond, reasonably satistactory to Lender, to prote t Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or lea e unettended the Property. Trustor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the haracter end use of the Property ere reasonably necessery to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lende '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 w itten consent, of ell or any part of the Real Property, or any interest in the
<br />Real Property. A"sale or transfer" means the conveyance of Re I Property or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; wheth by outrlgh4 sele, deed, installment sele 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 trensfer of any
<br />beneficial interest in or to any land trust holding title to the Real roperty, or by any other method of conveyance of an interest in the Real
<br />Property. However, this option shall not be exercised by Lender such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following p�ovisions relating to the taxe and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events pri r to delinquency) ell taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and impositions levied against or on account of the Property, end shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Properry. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of T ust, except for the lien of taxes and essessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any ta , assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Prope y 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 o, if a lien is filed, within fifteen (15) days after Trustor has notice of the
<br />filing, secure the discherge of the lien, or if requested by ertder, deposit with Lender cash or a sufficient corporete surety bond or
<br />other security satisfectory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other cherges
<br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shalt defend itself and Lender and shell
<br />satisfy any adverse judgment before enforcement against t e 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 furnish to Lender setisfactory evidence of payment of tha taxes or assessments and
<br />shall euthorize the appropriate governmental official to deiiv r to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
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