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DEEDOFTRUST ��.,o��O�a��3
<br />Loan No: 129733 (Continued) - Page 2.
<br />Environmental Laws. Trustor euthorizes Lender and its agents to enter upon the Properry to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Propercy with this section of the Deed of Trust. Any inspections or tests made by Lender shali be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liabiliry on the part of Lender to Trustor or
<br />to any other person. The representetions and warranties contained herein are based on Trustor's due diligence in
<br />invastigating the Property for Hazardous Substancas. Trustor hereby (1) releases and waives eny future claims
<br />against Lender for indemnity or contribution in the event Trustor becomes lieble for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender ageinst any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustefn or suffer resulting from
<br />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
<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 obligQtion to indemnify and defend, shail survive the peyment of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Aeed of Tri�st and shall not be affected by Lender's acquis�jtio� of any 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 eny
<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 remova, or grant to any other party the right to remove, any timber, minarals (including
<br />oil and gas), coal, clay, scoria, soil, gravei 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 tha removal of any Improvements, Lender may require Trustor to
<br />make arrengements 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 Property for purposes of Trustor's
<br />compliance with t#�e terms end conditions of this Deed of Trust.
<br />Compliance with Governmental, Requirements. Trustor shall promptly compiy with, all laws, ordinances, and
<br />regulations, now ar hereafter in effect, of all governmental authorities epplicable .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 eppropriete 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 are not jeoperdized. Lender may require Trustor to post adequata security or a suraty
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agraes neither to abandon or leave unattanded the Properry. Trustor shall do all other
<br />acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
<br />reasonably necessary to protect end preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due end payable ail sums
<br />secured by this Deed of Trust upon the sele or transfer, without Lender's prior written consent, of all or any part of the
<br />Real Proparty, or any interest in the Real Property. A"sale or trensfer" means the conveyance of Real Property or any
<br />right, title or interest in the Real Property; whether legel, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with e
<br />term greater than three (3) years, lease-option contract, or by sale, essignment, or transfer of any beneficial interest in
<br />or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by
<br />Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the texes and liens on the Property ara part of this Deed of
<br />Trust:
<br />Payment. Trustor shall pay when due (end in all events prior to delinquency) all texes, special texes, assessments,
<br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or materiel 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 essessments not due and except as otherwise provided in this Deed of
<br />Trust. ,
<br />Right to Contest. Trustor may withhold payment of eny tax, assessment� or claim'in connaction with a good faith
<br />dispute over the obligetion ta pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shell within fifteen (15) deys after the lien arises or, if a lien is filed,
<br />within fifteen (15i days efter,Trustor has notice of the filing, secure the discherge 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 end permissible fees, or other charges that could eccrue as e
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shell defend itself and Lender end shaii satisfy
<br />any adverse judgment before enforcement ageinst the Property. Trustor shall name Lender es an additional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br />or assessments end shall authorize the appropriete governmentai official to deliver to Lender et any time a written
<br />statement of the taxes and assessments against the Property.
<br />Notice of Construction. Trustor shail notify Lender at least fifteen (15) days before eny work is commenced, any
<br />services ere furnished, or any materials are suppiied 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 meteriels. Trustor will upon request of Lender
<br />furnish to Lender advance assurances satisfactory to Lender that Trustor can end 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 shell procure and meintein policies of fire insurance with stenderd 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 Lander. Trustor shall also procure and maintain comprehensive generai liability insurance in such
<br />coverage amounts as Lender may request with Trustee end 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 shell be written in
<br />form, amounts, coverages and basis reasonably acceptable to Lender end issued by a company or companias
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the
<br />policies pr certificates of insurance in form satisfactory to Lender, including stipulations that coverages ;will not be
<br />cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also
<br />shali include an andorsement providing that coverage in favor of Lendar will not be impaired in any way by any act,
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