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DEED OF TRUST �,
<br />(continued) � O 110 6 0 3� Page 2
<br />replacements, and maintenance necessary to preserve its value.
<br />Compllance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatrnent, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; {2)
<br />Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation,
<br />manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about
<br />or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or
<br />claims of any kind by any person relating to such matters; and (3) F�ccept as previously disclosed to and acknowledged
<br />by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall
<br />use, generate, manufacture, store, treat, dis�se of or release any Hazardous Substance on, under, about or from the
<br />Property; and (b) any such activ'�ty shall be conducted in compliance with all applicable federal, state, and Iocal laws,
<br />regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents
<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 construed 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 �e�der for indemi�ity or contrfbution in tne event Trustor becomes liable for cieanup or other costs
<br />under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims,
<br />losses, liabilities, damages, penalties, and expenses which Lender may direcUy or indirectly 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 �curring prior to Trustor's ownership or lnterest 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 indemnify and defend, shall surv'Ne the payment of the Indebtedness 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 />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
<br />or waste on or to the Property or any portion of the Property. 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 without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. As a condition 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 attend 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 />including without limitation, the Americans With Disabilfties 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 not'rfied Lender in wrfting 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 />sati�fsactory t� Lender, to pro#ect ! end�r'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 Property are reasonabiy
<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 written consent, of all or any part of the Real
<br />Property, or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Property or any right, ti�e 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, leasehold interest with a term greater than three (3) years,
<br />lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the
<br />Real Property, or by any other method of conveyance of an interest in the Real Property. If any Trustor is a corporation,
<br />partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent
<br />(25%) of the voting stock, partnership interests or limfted liabiliiy company interests, as the case may be, of such Trustor.
<br />However, this option shall not be exercised by Lender 'rf 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 part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, 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 Property 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 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
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is
<br />filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, ff a lien is filed, within fifteen
<br />(15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with
<br />Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to
<br />discharga � e Ifen plus'any costs and a:tomsys' fees, or otliei efiarges'that could accrua as'a result o�a foreclos.r�ro 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 />2scQSSmc�nts and shall auth�rize the appropriate gavemmental official to deliver to Lender at any time a written statement
<br />of the taxes and assessments against the Property.
<br />Notice of Constructlon. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are fumished, or any materials are supplied to the Properly, 'rf any mechanic's lien, materialmen's lien, or other
<br />lien could be asserted on account of the work, services, or materials. 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 Improvements on the Real Properly
<br />in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of
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