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201108154
<br /> DEED OF TRUST
<br /> Loan 11[0: 872058393 {Continued} Page 2
<br /> Possession and Use. Until the occurrence of an Event of Default, Trusto;may (1} remain in possession and
<br /> control of the Property; {21 use,operate or rnanage the Property;and (3) cu[lect the Ren�s frorn che Property.
<br /> Duty to Maintain. Trustor shap maintain the Property in good condition and promptly perform all repairs,
<br /> replacements,and mainten2nce necessary ta preserve i#s value.
<br /> Compliance With En�ironmente[Laws. Trustor repre�ents and v✓arrants to Lender that: (1) During the period of
<br /> Trustor's ownership of the PropSrly�U1PfP.has heen nn use,generation,ma�ufacture,storage,treaYment,disposal,
<br /> re[ease or threatened release of any Hazardous Substance by any person on, under, about or from ihe Proparty;
<br /> (21 Trustor has nn knowledgP nf,nr reesnn to believe that there has been,excepY as p�eviously disclosed to and
<br /> acknoveledged 6y Lender in writing, �a� any breach or violatfon of any Environmental Laws, (b) any use,
<br /> generation,manufacture,storaye, treatment,disposal, releasa or threatened release of any Wazardous Subst�nce
<br /> an, under, abouE or from the Property by any p�or otimers or occupants of the Property, or icl any actual or
<br /> threatened[itigation or claims of any kind'vy any persun relaGny Lo such maltess;and (3) Excep�f as previously
<br /> disclosed to and acknow[edgeti by Lender in writing, (n) neither-rugtor nnr any ienarrt,cnnirar.tor,agent nr nthzr
<br /> authorized user of the Property sfiall use,generaCe,manu;ac[ure,store,treat,dispese of or release any Hazardvus
<br /> Sul7stance on,under,a6out or from tBe Property;and 4b} any such Ar.tivity shall he r,nndur.fed in cnmp[ianc,e with
<br /> alf applicable 4ederal, siaie. and [oca[ laws, regulations and ordinances, incEuding wiihoui limiiation all
<br /> Environmental Laws. Trustor authorizes I ender and its agents tn enter upon rhe Prnperty tn maka sur.h
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance o4 the
<br /> Property with this sect�on of�he Deed of Trust. Any inspectiona or cesty re,ade by Lender siial] be fur LencJer's
<br /> purposes only and shall not be construed to create any responsi6iliry or liability on the paR of Lender to-rustor or
<br /> to any vther persvn. Tne representations and wdrrdnties cunLained itsrein are 6ased on TrusTOr's due diligence in
<br /> investic�ating the Property for Hazardous 5u6stances. Trustor here4y [71 releases and waives any future claims
<br /> egainst Lender for indemnity or concriuufiun in ihe e�enl TrusEar 6ecomes lia6Ee for cleanup or other costs under
<br /> any such laws;and (21 agrees to inderrm�fy,defend,and hold harmless Lender ag�inst any and all r.laima,los�es,
<br /> lia6ifities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resuliing from
<br /> a 6reach of this section of the Qeed of Trust or�s a conseRUence of any use,generation,manufacture, stnrage,
<br /> disposal,release or iFreatened release occurring priorto Trustor's ownership or interest in the Property,whether or
<br /> not the same was or shouEd have been known tn Trustor. The provisions of this sect�on of the Deed of Trust,
<br /> including the obiigation To indemnify and defend,shall survi�e the payment of ths Inde6tedness and the satisfzction
<br /> and reconveyance of the lien of this Deed of TrusY and shalf not ba affected by Lander's acquisition of any interest
<br /> in the Property,whether by foreclosure or otherwise.
<br /> Nuisanee, 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 Prcperty or any portion of the Property. VVithout limiting the generality of the
<br /> foregoing,Trustor will not remove,or grant to any other party the right to ramove,any timber,minarals(including
<br /> oil and gasl,coal,clsy,scoria,soil,gravel or rock products v�ithout Lender's prior written consent.
<br /> RemovaE of Improvements. Trustor shail not demolish or remave any Improvements from the Real Property witho�t
<br /> Lendes's prior writte�consent. As a condition ta the remova3 of any Improvements,Lender may require Trustor to
<br /> maka arrangements satisfactory to LenBer to replaca such lmp:ovements v�ith Improvements of at [east equal
<br /> �alue.
<br /> Lender's Right 4o Enter. Lender and Lender's agents and representatives may enter upon the Aeal Property at all
<br /> reasonable times to aTtend to Lender's interests and to inspsct the Real Property for purposes of Trustor's
<br /> compliance uvith the terms and conditEOns of this Deed o?Tnrst.
<br /> Compliance with Governmerrtal Requirements. Trustor sh�ll promp:ly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in efEect,of all govemmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such faw,ordinance,or regulation and vJiUlhold complfance during
<br /> any proceeding, inc[uding appropriace appea]s,so long as Trustor has notified Landar in wriYing pdor to doing so
<br /> and so long as,fn Lender's sole opinion,Lender's interes�s in the Property are notjsopardized. Lender may require
<br /> �rustor to post adequate security or a surety bond,reasonably satisfactory to Lender,to proYect Lender's interest.
<br /> �uty to Protect. 7rustor agrees neither to abandon orlea�e unattended the Property. 'Trustor shal[do a;l other
<br /> acts,In addition to thosa acts sei forth abo�e in this section,�vhich from the character and use of the Property are
<br /> reasonably necessary to protect and presen�e the Property.
<br /> DVE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,dec€are immediately due and paya6le all sums
<br /> secured by this�eed of Trust upon the sale or transfer,wixhout Lender's prior written conseM,of al]or any part of tne
<br /> Real Property,or any interest in ihe Real Property. A"sale or transfer"means the conveyance of Reai Property or any
<br /> right, title ar interest in the Real Property; �vhether legal, beneficial or equitable; whether volunTary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract fvr deed, leasehold interest vrith a
<br /> term greater thar.three(3]years,lease-optior.contract,or by saie,assignment,or transfer of any beneficial interest in
<br /> or to any land trust holding title to the Real Property,or by any oYher method of conveyance of an interest in the Real
<br /> Property. Hoevever, this option shall not be exercised by Lender if suc[� exercise is prohi6ited by federal laev or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following pro�isions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due(and in all evaMS prior to deEinquency7 alE taxes,special taxes,assessments,
<br /> charges linc[uding water and setiverp,fines and imposfYions levied against or on account of the ProPerty,and shall
<br /> pay when due all claims 4or work done on or far services rendered or material furnished to the Property. Trustor
<br /> sh211 meintain Yhe Property free of au liens ha�ing priority over or equal to the intaresi of Lander under this Daad of
<br /> Trust, except ior the [ien of Yaxes and assessme�ts not due, except for t5a Existing Inde6tedness referred to
<br /> below,and except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax,assessmer.2,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[ien arises or
<br /> is fi[ed as a result of nonpayment,Trastor shall within fifteen ti15)days after the lien arises or, if a lien is filed,
<br /> within fifteen i15)days after Trustor nas notice of the fling,secure the discharge of the lien,or if requested by
<br /> Lender,deposit with Lender cash or a sufficient corporate surety hond or other security sat€sfactory to Lender in an
<br /> amount sufficizrn to discharge the]ien plus any cosTS and attorneys'fees,or oiher charges Yhat could accrue as a
<br /> resu]t of a foreclosure or sale under the lien. fn any contest,Trustor shall dafend i[self and Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. 7rustor shall name Lender as an additional obligee
<br /> �nder any surety 6ond furnlshed 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 and shall authorize the approprlate govemmental afficiaE to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Hoxice af Construction. Trustor shall notify Lender at least fi�Yeen�751 days before any work fs coinmenced,any
<br /> sarvices are furnished,or any materials are supplied to the ProperEy,if any mechanic's lien,materialmen's lien,or
<br /> other lien Could he asserted on account of the vdor&,s�rvlces,or materlals. Trustor will upon request of Lender
<br /> furnish to Lender advance assurances satisfaciory to Lender that Trustor can and wrill pay the cost of such
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