|
DEED OF TRUST � O�� O� 4 O G
<br />Loan No: 101240035 (Continued) Page 2
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and Ibl any such activity shall be conducted in compliance with ell appliceble federal, state, end locel laws, regulations end
<br />ordinances, including without limitation all Environmental Lews. Trustor euthorizea Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests mede by Lender shell be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Truator or to eny other person. The represantations end
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazerdous Substances. Trustor
<br />hereby (1) releases end waives eny future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) egrees to indemnify, defend, end hold harmless Lender egeinst any end all
<br />claims, losses, liabilities, damages, penelties, end expensea which Lender may directly 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, generation, menufacture, storege, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shell
<br />surv(ve the peyment of the Indebtedness and the satisfaction end 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 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 gasl, coat, clay, scoria, soil, grevel or rock products
<br />without Lander's prior wrltten consent.
<br />Removal of Improvements. Trustor shali not demolish or remove any Improvaments from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender mey require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements wlth Improvements of et least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents end representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's complience with the terms end conditions of
<br />this Deed of Trust.
<br />Compliance with (iovernmental Requirementa. Trustor ehell promptly comply with all lewa, ordinences, end reguletiona, now or
<br />hereafter in effect, of all governmental euthorities appliceble to the use or occupancy of the Property, includfng without limitetion, the
<br />Americans �th Disebilitfes Act. Trustor may contest in good faith any such law, ordinance, or regulet(on and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Truator has notified Lender in writing prior to doing so and so long es,
<br />in Lender's sole opinion, Lender's interests in tha Property are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonebly setisfactory 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 charecter and use of the Properry are reasonably necessery to protect end
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, et Lender's option, daclare immedietely due and payable all sums secured by this
<br />Deed of Trust upon the sale or trensfer, without Lender's prior written consent, of ell or any pert of the Real Property, or eny interest in the
<br />Real Property. A"sale or transfer" means the conveyence of Real Property or eny right, title or interest in the Real Property; whether legel,
<br />beneficfal or equitable; whether voluntery or involuntary; whether by outright sele, deed, instellment sale contrect, land contract, contract
<br />for deed, leasehold interest with a term greater than three (3) yeara, lease-option contrect, 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 any other method of conveyance of an interest in the Real
<br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes end Uena on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pey when due (and in all events prior to delinquency) all taxes, speciel taxes, assessments, charges (including
<br />water and sewerl, fines and impositions levied against or on account of the Property, and shall pey when due all claims for work done
<br />on or for services rendered or material furnished to the Properry. Trustor shell 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 provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment of any tax, essessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shaii within fifteen (16) days after the lien arises or, if a lien is filed, within fifteen (16) days efter Trustor has notice of the
<br />filing, secure the discharge of the lien, or it requested by Lender, deposit with Lender cash or e aufficient corporete surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discherge the lien plus any costs and attorneys' fees, or other charges
<br />that could accrue as e result of e foreclosure or sale under the lien. In any contest, Trustor shall defend (tself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender es an additlonal obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfectory evidence of payment of the texes or assessments and
<br />shall euthorize the eppropriate governmental official to deliver ta Lender at any time a written statement of the texes end essessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (1 b1 days before any work is commenced, any services ere
<br />furnished, or any materiets are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or meterials. Trustor will upon request of Lender furnish to Lender advance assurances setisfactory to
<br />Lender that Trustor can and will pay the cost of such Improvements.
<br />PROPERTY DAMA(3E INSURANCE. The following provisions releting to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurence with standerd axtended coverage
<br />
|