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DEED OF TRUST
<br />(Continued) 2 d 9. �. 0 5 21. 9 Pa 2
<br />and (b) any such activity shall be conducted in campliance with all applicable federal, state, and Iocal 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, 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 made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create eny responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Wazardous Substances. Trustor
<br />hereby (1) releases and 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 indemnify, defend, and hold harmless Lender against eny and all
<br />claims, losses, liabilities, damages, penalties, end expenses which Lender rrtay 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, manufacture, storage, disposal, release or
<br />threatened raleasa occurring prior to Trustor's ownership or interest in the Property, whether or not the same wes or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, i�lcluding the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction a�1d reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of a�y interest in tha Property, whether by foreclosurs or otherwise.
<br />Nuisance, Waste. Trustor shalf not cause, canduct or parmit 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 Yhe right to remove, any timber, minerals (including oil and gas), coai, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall nat demolish or remove any lmprovements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<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 times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of 7rust.
<br />Compliance with Governmental Requirements. 7rustor shall promptly comply with all lews, 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 faith any such law, ordinence, or regulation and withhold complianc�
<br />during any proceeding, including appropriate appeals, so long 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 are not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory 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 addition to
<br />those ects set forth above in this section, which from the character and use of the Properry are reasonably necessary to protect and
<br />preserve Che Property.
<br />Constiruction Loan. If some or all of the procaeds of the loen creating the Indebtedness are to be used to construct or complete
<br />constructian of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note
<br />(or such earlier date as Lender may reasonably establish) and Trustor shall pay in full all costs and expenses in connection with the
<br />work. Lender will disbursa foan proceeds undar such terms and conditions as Lender may deem rsasonably necessary to insure that
<br />the interest created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen.
<br />Lender may require, among other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of
<br />liens, construction progress reports, and such other documentation as Lender may reasonably request.
<br />DUE ON SALE - CONSEIVT BY LENDER. Lentler may, at Lender's option, daclare immediately due and payable all sums secured by this
<br />Deed of Trust upon the sele or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Property. A"sate or transfer" means the conveyance of Aeal Property or any right, title ar interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale 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 transfer of any
<br />beneficial interest in or to any land trust holding title to the Reat Property, or by any other method of conveyance of an interest in the Resl
<br />Property. If any 7rustor is a corporation, partnership or limited liability company, transfer also tncludes any change in ownership of more
<br />than twenty-five percent (25°/a) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
<br />Trustor. However, this option shall not be exercised by Lender if such exercise is proilibited by federal law or by Nebraska 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 Iand in all events prior to delinquency) ali taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and impositions levied ageinst 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 Praperty. Trustor shall maintain the Property free of all liens having priority
<br />ovar 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, 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 jeopardized. If a lien arises or is filed as e result of nonpayment,
<br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen {15) days after Trustor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />that could accrue as a result of a foraclosure or sale under the lian. In eny contest, Trustor shall defsnd itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Trustor shall neme Lender as an additional obligee under any
<br />surery bond furnished in the contest proceedings.
<br />Evidence of Payment. 7rustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at any time a written staCement of the taxes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lender et least fifteen (15) days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, meterialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Trustor will 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 this Deed af Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with stendard extended coverage
<br />andorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amaunt
<br />sufficient to avoid application of any coinsuraY�ce clause, and with a standerd mortgagee clause in favor of Lender. Trustor shall also
<br />procure end maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
<br />Lender being named as additional insureds in such liability +nsurence policiss. Additionally, Trustor shall maintain such other
<br />insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies
<br />shall be written in form, amounts, coverages and basis reasonably acceptabla to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request o4 Lendar, will deliver to Lender from time to time the po{icies or certificates
<br />of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least
<br />ten (10) days prior wriYten notice to Lender. Each insurance policy also shall include an endorsement providing that coverege in favor
<br />of Lender will not be impaired in any way by any act, omission or default of 7rusCor or any other person. Should the Real Property be
<br />located in an area designated by the Director of the Federal Emergency Management Agency as a speoial flood hazard area, Trustor
<br />agrees to obtain and maintain Federal Flood Insurance, if aveilable, for the full unpaid principal balance of the loan and any prior liens
<br />on the property securing the loan, up to the maximum policy limits set under the National Flood lnsurance Program, or as otherwise
<br />required by Lender, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender mey make proof of loss
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