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DEED OF TRUST
<br />(Continued) 2 p�� p�� 9 0 Pa 2
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmentai Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibiliry or liability on the part of Lender to Trustor or
<br />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
<br />against Lender for indemnity or contribution in the event Teustor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resuiting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, menufacture, storage,
<br />disposal, releasa or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br />not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the obligation to indemnify and defend, shali survive the payment of the Indebtadness and the satisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lemder's acquisition of eny interest
<br />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
<br />stripping of oF waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remova, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gas), coal, clay, 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 ,
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />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 Proderty for purposes of Trustor's
<br />compliance with the terms and conditions of this Deed of Trust
<br />Compliance wiih Govemmental 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
<br />Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any °
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so and so long as, irn Lender's sole opinion; Lender's
<br />interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br />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
<br />acts, in addition to those acts set forth above in this section, which from the char8cter and use of the Properey are
<br />reasonably necessary to protecY and preserve the Proparty. `
<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
<br />Real Property, or any interest in the Real Property. A"sale ar transfer" means the conveyance of Real Property or any
<br />right, title or interest in the Reai Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for,deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
<br />or to any land trust holding titie to the Real Property, or by any other method of conveyance of an interest in the Real
<br />Property. If any Trustor is a corporation, partnership or limited liability company, tran3fer also includes any change in
<br />ownership of more than twenty-five percent (25%} of the voting stock, partnership interests or limited liability company
<br />interests, as the case may be, of such Trustor. However, this aption shall not be exerjcised by Lender if such exercise
<br />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
<br />Trust:
<br />Payment. Trustor shall pay vvhen due (and in all events prior to delinquency) all taMes, special taxes, assessments,
<br />bharges (including water and sewerl, fines and impositions levied against or on account of the Property, and shali
<br />pay when due all claims for work done on or for services rendered or material fumished to the Property. Trustor
<br />shall maintain the Property frae of all liens having priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the lien of taxes and assessments not due and axcept es otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhoid 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 jeoperdized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br />within fifteen (151 days after Trustor has notice of the filing, secure the discharg�e of the lien, or if requestad by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security�satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other chargas that could accrue as a
<br />result of a foreclosure or sale under the lien. 4n any contest, Trustor shall defend itiself and Lender and shall satisfy
<br />any adverse judgment before enfarcement against the Property. Trustor shall name Lender as an edditional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidenae of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br />or assessments and shall authorize the appropriate governmantal official to deliver'to Lender at any time a written
<br />statement of the taxes and assessments against the Property.
<br />Notice af Construction. 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 Property, if any mechanic's lien, materialmen's lien, or
<br />other lien could be asserted on account of the work, services, or materials. Tru3tor will upon request of Lender
<br />furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br />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 Improvaments on the Real
<br />Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br />coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br />liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in
<br />form, amounts, coverages and basis reasonably acceptable to Lander and issued by a company or companies
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