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<br />to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender
<br />shall be for Lender's purposes only and shall not be construeci to create any responsibility or liability on the part of
<br />Lender to Trustor or to any other person. The representations and warranties contained herein are based on Trustor's
<br />due diligence in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any
<br />future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs
<br />under any such Iaws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims,
<br />losses, liabilfties, damages, penalties, and expenses which Lender may direcUy or indirecUy sustain or suffer resulting
<br />from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not
<br />the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the
<br />obligation to indemn'rfy and defend, shall survive the payment of the lndebtedness and the satisfaction and
<br />reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />Properry, 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
<br />or waste on or to the Property or any portion of the Properiy. Without limiting the generality of the foregoing, Trustor will
<br />not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay,
<br />scoria, soil, gravel or rock products writF�iout Lender`s prior written consent. .
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvaments from the Real Property without
<br />Lender's prior written consent. As a condftion to the removal of any Improvements, Lender may require Trustor to make
<br />arrangements satisfactory 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
<br />reasonable times to aftend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance
<br />with the terms and conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall prompUy comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all govemmental authorities applicable to the use or occupancy of the Property,
<br />inciuding without limitation, the ,4mericans With Disabilities Act. Trustor may contest in good faith any such law,
<br />ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notffied Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the
<br />Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably
<br />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
<br />addition to those acts set forth above in this section, which from the character and use of the Properly are reasonably
<br />necessary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior wriften consent, of all or any part of the Real
<br />Property, or any interest in the Resl Property. A"sale or transfer" means the conveyance of Real Property or any right, title or
<br />interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale,
<br />deed, installment sale contract, land contract, contract for deed, feasehold interest with a term greater than three (3) years,
<br />lease-option contract, or by sals, assignment, or transfer of any beneficial interest in or to any land trust holding fiUe to the
<br />Real Property, or by any other method of conveyance of an interest in the Real Properry. However, this option shall not be
<br />exercised by Lender 'rf such exercise is prohibi�ed by federal law or by Nebraska law.
<br />TAXES AND LIENS. The follawing provisions r�Ir�ting to the taxes and Ilens on the Properry are part of 4his Deed of TrusY:
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<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special ta�ces, assessments,
<br />charges (including water and sewer), fines and impositions levied against or on account of the Property; and shall pay
<br />when due all claims for work done on or for services rendered or material fumished to the Property. Trustor shall
<br />maintain the Properry free of all liens having priority over or equal to the interest of Lender under this Deed of Trust,
<br />except for the lien of taxes and assessments not due and except as othervvise 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
<br />dispute over the obligation to pay, so long as Lender`s interest in the Property is not jeopardizad. If a lien arises or is
<br />filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, 'rf a lien is filed, within fifteen
<br />{15) days after Trustor has notice of the filing, secure the discharge of the lien, or 'rf requested by Lender, deposi� with
<br />Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to
<br />discharge the lien plus any costs and attomeys' fees, or other charges that could accrue as a result of a foreclosure or
<br />sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before
<br />enforcement against the Property. Trustor shall name Lender as an additional obligee under any surety bond fumished
<br />in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes or
<br />assessments and shall authorize the appropriate govemmental o�ciaf to deliver to Lender at any time a written statemant
<br />of the taxes and assessments against the Property.
<br />Not(ce of Constructton. Trustor shall notif}+ Lender at least fifteen (15) days before any work is commenced, any
<br />services are fumished, or any materials are supplied to the Property, 'rf any mechanic's lien, materialmen's lien, or other
<br />lien could be asserted on account of the work, services, or materiais. Trustor will upon request of Lender fumish to
<br />Lender advance assurances satisfactory to 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 of
<br />Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br />coverage endorsements on a fair value basis for the full insurable value covering all ImprovemenYs on the Real Properry
<br />in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of
<br />Lender. Trustor shall also procure and maintain comprehensive general liabilt#y insurance in such coverage amounts as
<br />Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies.
<br />Addftionally, Trustor shall maintain such other insurance, including but not limited to hazard, business interruption, and
<br />boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor,
<br />upon request of Lender, will deliver to Lender from time to time the policies or cert'rficates of insurance in form
<br />satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30)
<br />days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in
<br />favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should
<br />the Real Property be located in an area designated by the Director of ihe Federal Emergency Management Agency as a
<br />special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, 'rf available, for the full unpaid
<br />principal balance of the loan and any prior liens on the properry securing the loan, up to the maximum policy limits set
<br />under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the
<br />term of the loan.
<br />Application of Proc�eds. Trustor shall promptly not'rfy Lender of any loss or damage to the Property. Lender may
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