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2011Q330�
<br />DEED OF TRUST
<br />Loan No: 101240848 (Continued)
<br />Page 2
<br />shall use, generate, manufacture, store, treat, dispoae of or releese any Hazardous Substance on, under, about or from the Property;
<br />and Ib) eny such activity shall be conducted in compl(ance with all applScable federai, stete, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its egents to enter upon the Property
<br />to make such inspections and testa, at Trustor's expanse, as Lender mey deem approprfate ta determine comptiance of the Property
<br />with this section of the Deed of Trust. Any inspectiona or t�sts made by Lsnder ahall be for Lender's purposes only and shall not be
<br />construed to create eny responsibiltty or liebility on the pert of Lender to Trustor or to any other person. The representattons and
<br />werranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substences. Trustor
<br />hereby (1) releases and waives any future clalms against Lender for Indemnity or cantribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such lews; and (2) agrees to indemnify, defend, end hold harmless Lender against any and all
<br />claims, losses, flabilities, damages, penalties, and expenses which Lender may directiy or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, ganeretion, manufacture, storage, disposel, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or shoutd have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment ot the Indebtedness and the satisfaction and reconveyance of the Iten 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 otherw(se.
<br />Nuisance. Waste. Trustor shell 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 generelity of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oll and gas1, coal, clay, scorie, soil, gravel or rock products k
<br />without Lender's prior written consent.
<br />Removal of Improvaments. Trustor shall not demolish or remove any Improvements from the Reel Property wlthout Lender's prior -
<br />written consent. As a condition to the removal of eny Improvements, Lender may require Trustor to meke arrangements satlsfectory
<br />to Lender to replace such Improvements with Improvements of at least equal value. ,,
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable timea to "'
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compltance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Gavernmental Requirements. Trustor shell prompt{y comply with all laws, ordinances, and regulaYions, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupency of the Property. Trustor may contest in good
<br />faith any such law, ordinance, or regulatlon and withhold compliance during eny praceeding, including appropriate eppeals, so long es
<br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abendon or leave unattended the Property. Trustor shall do all other acts, in eddltion to
<br />those ects set forth above In this sectton, which from the character and use of the Property ere reasonabfy necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender mey, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upon the sale or trensfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Reai Property. A"sale or trensfer" means the conveyence of Real Property or eny right, tttle or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or Involuntary; whether by outright sale, deed, instellment sale contract, land contract, contract
<br />for deed, leasahold (nterest with e term greater then three (3) years, tease-option contract, or by sele, assfgnment, or transfer of any
<br />beneficial interest in or to any land trust holding title to the Real Property, or by eny other method o4 conveyence of en interest in the Rea1
<br />Property. However, this option shall not be exercised by Lender 1f such exercise is prohiblted by federal law or by Nebraske law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due fend in all events prior to delinquency) all taxes, speclal taxes, assessments, charges (including
<br />water end sewerl, fines and impos(tions leviad against or on eccount of the Property, and shall pay when due ali cleims for work done
<br />on or for services rendered or meterlal furnished to the Property. Trustor shall meintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise pravided In this Deed of Trust.
<br />Right to Conte9t. Trustor may withhold payme�t of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Properry is not jeopardized. If a lien ar(ses or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (15) days after the lien arises or, If a Ilen is filed, within fifteen (15) days afCer Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, daposit with Lender cash or a sufficient corporete surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' feea, or other cherges
<br />that could accrue as a result of a foreclosure or sete under the lien. In any contest, Trustor shall defend Itself and Lender end shall
<br />satisfy any adverse judgment before enforcement egainst 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 furnish to Lender satisfactory evldence of payment of the taxes or assessments and
<br />shatl authorize the 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 (1 b) deys before any work is commenced, eny services are
<br />furnished, ar eny materlals ere supplied to the Property, if any mechanic's Iten, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or matariets. Trustor wil{ upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Trustor can and will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of thts Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain poltcies of fire insurance with stenda�d extended coverage
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