|
Loan No: 1 01 241 1 93
<br />DE Con�t nued)ST 2 0110 3 6 0 2 page 2
<br />this Deed of Trust, and the Releted Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession end use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2? use, operate or manage the Property; and (3) cotlect the Rents from the Property.
<br />Duty to Maintaln. Trustor shall maintain the Proparty in tenentable condition end promptly perform all repairs, replacements, and
<br />mainfenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrents to Lender that: 11? During the perlod of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, releese or threatened release of any
<br />Hazerdous Substance by any person on, under, ebout or from the Property; (21 Trustor has no knowledge of, or resson to believe
<br />that there has been, except as previously dlsclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Lews, (b) any use, generetion, manufacture, storage, treatment, disposal, reiease or threatened release of any
<br />Hezardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any ectua{ or
<br />threatened litigatian or claims of any kind by any person relating to such matters; and (31 Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a! neither Trustor nor eny tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dlspose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, et 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 shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to eny other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substences. Trusto[ ,
<br />heraby (11 releases end waives any 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) agrees to lndemnify, defend, and hold harmless Lendar against eny and all
<br />claims, losses, Iiebilities, damages, penalties, and expenses 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, manufiacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest ln the Property, whether or not the seme was or shauld 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 of the Indebtedness and the satisfaction end reconveyance of the lien of this Deed of Trust and shall not be
<br />effected 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 perty the right to remove, any timber, minerals (including oil and gas), coal, clay, scorie, soil, gravet or rock products
<br />without Lender's prior written consent.
<br />Ramoval of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />writtan consent. As e condition to the removal of any Improvements, Lender mey require Trustar to make errangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal velue.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Resl Property at ell reasonable times to
<br />attend to Lender's interests and to inspect the Real Properry for purposes of 7rustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comp{y with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good falth eny such law, ordinance, or regulation and withhold compliance`
<br />during any proceeding, including appropriate appeals, so Iong es Trustor has notifiad Landar in writing prior to doing so and so long as;
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may requira Trustor to post edequate security
<br />or a surety bond, reasonebly satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Properry. Trustor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Property are reasona6ly necessary to protect and :
<br />preserve the Property.
<br />°. DUE ON SALE - CONSENT BY LENDER. Lender may, et 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 pert of the Real Property, or eny interest in the
<br />Real Properry. A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
<br />`� beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, instaliment sale contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, lease-optton contract, or by sele, essignment, 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 />Proparty. However, ihis 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 and liens on the Property are pert of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines end impositions levied against or on account of the Property, and shall pay when due all claims for work done,'
<br />, on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />�_.;.; ' over or equal to the interest of Lender under this Daed 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 eny 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 Property is not jeoperdized. If a lien arises or is filed as a result of nonpayment;
<br />
|