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�0110�59
<br />DEED QF TRUST
<br />(Continued� Page 2
<br />Substance on, under, about or ftom the Property; and {b) any such activity shaU be conducted in compliance wiih
<br />all applicabte federat, state, and laaal lawrs, regulations artd ordinances, inoluding without lirrtitation aii
<br />Environmental l.aws. Trustor authoriaes Lender and its agents to enter upon the Properry to maka such
<br />inspectior�s and tests, at Trustor's expense, as Lender may deem appropriate to determine eamptiance of the
<br />Property with this sectian of the Deed of Trust. Any inspections or tests made by Lender shalE be for Lendflr's
<br />purpasES anly and shatl not be construed to create any respansibility or liabiliiy on ihe paR ot Lender to Trustor or
<br />to any ather persan. The representations and warranties contained herein ate based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. 7rustor here4y (1} releases and waives any future claims
<br />against Lender for indemnity or contribution (n the eveni Trustor becomes liable for cleanup or ather costs under
<br />any such laws; and (2} agrees to indemnify, d�fend, and hold harmless Lender against any and all otaims, tosses,
<br />liabilitias, damages, penatties, and expenses which Lender may directiy or indirectty sustain or suffer resulting from
<br />a breach of this section of the peed of Trust or as a consequance of any use, generation, manufacture, storage,
<br />disposal, release o� th�estened relsase occurring prior io 7rusior's ownership or interest in the Properry, wheiher or
<br />not the same +�vas or should have been known to Trustor. The p�avisians of this section ot the Deed of Tnist,
<br />inctuding the obligation ta indemnify and defend, shall survive the payment of the Indebtedness and tlte satisfaction
<br />and rsconveyance of the lien of this Deed of 'frust and shaU not be affected by Lender's acquisition of any inierest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. 7rustor shall not cause, conduct or permit any nuisance nor commit, parmit, or suffer any
<br />stripping of or wasto on or io ths Property or any portion of the Property. Wtthout limitinq the generality of the
<br />foregoing, Trustor wilt not remove, or grant to any ather party the righfi to remove, any simber, minerals (including
<br />oil and gas), coal, clay, scaria, soil, graveE or rock products without Lender's prior written consent.
<br />Removal of improvemertts. Trustor shali not dematish or remove any lmproverr�ents from the Real Property without
<br />Lender's prior written consent. As a condition to �ti�e removal of any Improvements, Lender may require 7rustor to
<br />make arrangements satisfactory to Lender to replace such ImprovemeMS with Impravamencs of at least equal
<br />value.
<br />Lemler's Right to E.nter. Lender and Lendor's agents and representatives may entar upon the Real Property at a)I
<br />reasonable times to attend to Lender's interests and to inspect the Reat Property for pvrposes of Tnistor's
<br />compEiance with the terms and conditions of this Deed of Trust.
<br />CompGance with Govemmental Requirements. Trustor shal[ prompNy compEy with 8t1 laws, ordinances, and
<br />regulations, now or hereaftar in ef#ect, of a11 governmerrtal authorities appficabie to the use or occupancy of the
<br />Properry, including without IEmitation, the Americans With Disabilities Act. 7rustor may contest in good faith any
<br />such taw, ordinance, or regnlation and withhold compfiance during any proceading, including apprapriate appeals,
<br />sa long as 7rustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opin;on, Lender's
<br />interests in the Property are natjeopardized. Lender may require Trustor to past edequate security or a surety
<br />bond, reasonably satisfactory to Lendar, to protect L�nder's interest.
<br />Duty to Protteat. Trustar agrees neither to abandan nr leave unattended the Property. Trustor shall do ali other
<br />acts, in addition ta those acts set forth above in this section, which ftom the character and use of the Property are
<br />reaso�ably necsssary to protect and preserve the Properiy.
<br />DUE QN SALE - CONSEH[T BY LENDER. L�nder may, at Lender's option, declare immediately due and payable a11 sums
<br />secured by this Deed of Trust upon the sale ar transfer, without Lender's prior written consent, of a(1 or any paR of the
<br />Real Froperty, or any interest in the Rea{ Properly. A"sale or transfer° means the conveyance af Real Property o� any
<br />righY, title ar interest in the Real Praperty; whether Iegai, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sate conuact, land corKract, coniract for deed, leasehold interest with a
<br />term greater than thrae {3) years, Iease�ption contract, or by saie, asslgnment, or tranafer of any beneficial interest in
<br />or to any iand trust holding title to the Real Property, or by any other method of conveyance of an irrterest in the Real
<br />Properry. If any Trustor is a corporation, partnership ar limited liability aompany, uansfer also includes any change in
<br />ownership of more than twenty-flive percent t25°to) of ihe voting stock, partnership interests vr limlted liability company
<br />interests, as the case may be, of such 7rustor. However, this option shap not be exercised by Lender if such exercise
<br />is prohibited by federal law or by Mebraska Iaw.
<br />TAXES AND UENS. The fotlowing prov+sions retating to the taxes and iiens on the Properry are part of this Deed of
<br />Trust:
<br />Payment. Trustor shap pay when duo (and i� all events prior to delinquancy} all taxes, spea;ai taxes, assessments,
<br />charges (including uaater and sewer?, fines and impositions levied against ar an account af the Property, and shail
<br />pay when due ap claims for wark done an or for services rendered or materiel fumished to the PropeKy. Trustor
<br />sha11 maintain the Properry free of afl Iiens having priority over or eyuat to the interest of Lender under ihis Deed of
<br />7rust, except for the Iien of iaxes and assessmants not dua and except as otherwise }srovlded in ihis Deed af
<br />Trust.
<br />Right io Cor►test. 7rusYOr may withhold paymenY of any tax, assessment, or ciaim in cpnnection with a good faith
<br />dispute over the obGgation to pay, so long as Lender's interest in ihe Property is not jeopardized. If a lien arises or
<br />is fited as a result of nonpayment, Trustor shal! within fifteen {15! days after the lien arises or, if a lien is filed,
<br />within fiiteen (15) days atter Trustor has norice of ihe fiting, secure the discharge of ihe Ifen, or if requested by
<br />Lc�nder, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory Yo Lender in an
<br />amouM sufficient to discharge the Iien plus any costs and attorneys' fees, or other charges that could accrue as a
<br />result qf a foreclosure or sale under the {ien. tn any aontest, 7rustor ahali defend ixself and Lender and shall satisfy
<br />any adverse judgment befare enforcement against the Property. T'rustor shall name Lender as an additional obiigee
<br />under any surety bond fumished in the coniest proceedings.
<br />Evislenca of Paymgnt. 7rustor shail upon demand fumish to Lender satisfactory evidence of payment of the taxes
<br />ar assessments and shalf authorize the appropriate govemmental official to deliver to Lender at any time a written
<br />statemerrt of the taxes and assessmants against the Praperty.
<br />Nutice of Construcuon. Trustor shall notify Londer at least fifteen t75? days before any work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br />other Ilen aouid be asserted on account of the work SEIVIC9S, or materials. 7rustor will upon roquest of Lender
<br />furnish to Lender advance assurances satistaatory to Lender that Tnistor can and wili pay the cost of sucfi
<br />improvements.
<br />PRQPERTY DAP/IAGE INSURANCE. The fopowing provisions �elating Yo insuring the Property are a psrt of this Deed of
<br />Tncsi.
<br />flHaiatenance of [nsurance. 7rustor sfiall procure and maintain policies of fire insurance with standard extended
<br />coverage endarsements an a replecement basis for the futt insurable value covering all Imgrovements on the Rea!
<br />Properiy in an amount sufficient ta avoid application of any coinsurance ctause, and with s si8ndard mortgagee
<br />clause in favor of Lender. Trustor shall alsa procure and rnaintain camprehensive generat liability insurance in such
<br />caverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such
<br />liability irtsuranca policies. Additionally, 7rustar sfiall maintain such other insuranae, including but not Iimited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably raquire. Policies shali be wrrcten in
<br />form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
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