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DEED OF TRUST
<br />Loan No: 129693 (COtltlnued) 2 0�. � 0 3 3�j -`Page 2
<br />Substance on, unber, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, stete, and locel laws, regulations and ordinences, including without limitation all
<br />Environmental Lawa. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, at Trustor's expense, es Lender mey deem appropriete 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 responsibility or liability on the part of Lender to Trustor or
<br />to any other person. The rapresentations and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hezardous Substances. Trusxor hereby (1) releases and waivas any future claims
<br />' egainst Landar for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />eny such laws; and (Z) agraes to indemnify, defend, and hold harmless Lender against any end all claims, losses,
<br />liabilities, damages, penalties, end expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generetion, manufacture, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership oc i�terest in the Pro,perty, whether or
<br />-not the same was or:should h�ve be�n k�own to T�ustor. The provisions of this seotion of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Dead of Trust and shall not be affected by Lender's acquisition of any interest
<br />in tha Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not ceuse, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gas), coal, clay, scoria, soil, graval or rock products without Lender's prior writtert consent.
<br />Removal of Improvements. Trustor shell 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 arrangemants setisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender end Lender's agents end representetives may enter upon the Real,Property st all
<br />reasoneble times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br />complianca with the terms and conditions of xhis Deed of Trust. "
<br />Compliance with Governme�ltal Requirements. Trustor shell promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all governmental authorities epplicable to #he use or occupancy. of the
<br />Proparty, including without limitation, the Americens With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or reguletion and withhold compliance during any proceeding, including eppropriate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Property ere not jeoperdized. Lender may require Trustor to post adequete security or e surety
<br />bond, reasonably satisfectory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees naither 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 charecter and use of the Property are
<br />reasonably necessary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due end payeble all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or anypart of the
<br />Real Property, or any interest i� the Real Property. A"sale or transfer" means the� conveyence of Real Property or any
<br />right, title or interest in the Real Property; whethar 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 eny beneficial interest in
<br />or to any land trust holding title to the Real Property, or by any other method of conveyence of an interest in the Real
<br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal lew or by
<br />Nebreska 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 pey when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br />charges (including water and sewar), fines end impositions levied ageinst or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br />shall maintain the Property free 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 except as otherwise 'provided in this' Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of eny tex, assessment, or claim in connection with a good feith
<br />dispute over tha obligation ta pay, so long as Lender's intarest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpeymant, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br />within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested 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 permissible fees, or other charges thet could accrue as e
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shail defend itself end Lender end shell setisfy
<br />any adverse judgment before enforcement against tha Property. Trustor shall name Lender as an additional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shali upon derriend furnish to Lender satisfectory evidence of payment of the taxes
<br />or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br />statement of the taxes and assessments ageinst the Property.
<br />IVotice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are furnished, or eny matarials are supplied to the Property, if any mechanic's lien, meterialmen's lien, or
<br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay tha 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 />Maintenence of Insurance. Trustor shall procure and maintain policies of fire insurence with standerd extended
<br />coverage endorsements on a fair value basis for the full insureble value covering all Improvements on the Real
<br />Property in an amount sufficient to avoid application of eny coinsurance clause, and with a standard mortgegee
<br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive' generel liebility insurance in such
<br />coverege amounts as Lander 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, businass interruption, snd boiler insurance, as Lender may reasonably require. Policies shall be written in
<br />form,: amounts, coverages and basis reasonably acceptable to Lendar and issued� by a company or compgnies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lendar from time to time the
<br />policies or certificates of insurance in form satisfactory to Lender, including stipulations that covereges will not be
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