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201106770
<br />generation, manufacture, storage, treatment, disposal or release of any Hazardous Substance on, under, about or from
<br />the Property 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
<br />the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine
<br />compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for
<br />Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor
<br />or to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against
<br />Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws;
<br />and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages,
<br />penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of
<br />the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />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
<br />defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of
<br />Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or
<br />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, scoria,
<br />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 promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property,
<br />including without limitation, the Americans 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 notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, based on a standard of
<br />commercial reasonableness, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post
<br />adequate security 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
<br />addition to those acts set forth above in this section, which from the character and use of the Property 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 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, 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, 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 (25 %)
<br />of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Trustor. However,
<br />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 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 furnished 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 filed
<br />as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15)
<br />days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender
<br />cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the
<br />lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the
<br />lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement
<br />against the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the contest
<br />proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or
<br />assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement
<br />of the taxes and assessments against the Property.
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