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� � � 201108380
<br /> DEED OF TRUST
<br /> Loan No: 810255 (Continued) Page 2
<br /> disdosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous
<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 /> Envi�ronmental Laws.: Trustor authorizes Lender and its agents to� erter upon the Property to make such
<br /> inspections and tests, at TrustoPs 0xpense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this section of the Deed ofi Trust Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsi6ility ot 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 /> invesiigating the Property for Hazardous Su6stances. Trustor hereby (1) releases and waives any future daims
<br /> against Lender for indemnity or contribution in the event Trustor 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 resulting from
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation,manufiacture,storage,
<br /> . disposal,release or threatened release occurring prior to Trustor's ownership or i�terest 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 o6ligation to indemnify and defend,shall survive the payment of the Indebtedness and the saiisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be afifected by Lender`s acquisition of any interest
<br /> i�the Property,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, co�duct 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 patty the rig5t to remove,any timber,minerals(including
<br /> oil and gas),coal,day,scoria,soil,gravel or rockproducts without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall not demolish or remove any improvements from the Real Property withou#
<br /> Lender's prior written consent. As a condition to the removal of any ImprovemeMS,�ender 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 agenYS and representatives may enter upon the Real Property at all
<br /> reasonabl�e times to attend to Lender's interests and to inspect the Real Properry for purposes of Trustor's
<br /> compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. TrUStor shall promptly armply 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 faiih any
<br /> � such law,ordinance,or regulation and withhold compliance during any proceeding,induding appropriate appeals,
<br /> sa long as Trustoi has notified Lender in writing prior to doing so and so long as,in Lender's sole opinion,Lender's
<br /> i�nterests 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 orleave 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,dedare 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 or transfer" means the conveyance of Real Property or any
<br /> right, title or interest in the Real Property; whether legal, beneficial or equitable; whetlier 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 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 6e exercised by Lender if such exercise is orohibited by federal law or by
<br /> . Nebraska law. � �
<br /> TAXES AND LIENS. The foilowing provisions relating m the taxes and liens on the Property are part of this Deed of .
<br /> Trust:
<br /> Payment. Trusto�shall pay when due(and�in all events prior to delinquency)aIl taxes,special taxes,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 daims for work done on or for services rendered or material fumished to the Property. Trustor
<br /> shall maintain the Property free of all liens having priority over or equal to the interest of Lender under ihis 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 Cotrtest. Trustor may withhold 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 nofjeopardized. 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 fien is filed,
<br /> within fifteen(15) days after Trustor has notice of the filing,secure tFie discharge of the lien, or if requested by
<br /> Lender,deposit with Lender cash or a sufificient corporate surety 6ond or other security satisfactory to Lender in a�
<br /> amount sufficient to discharge the lien plus any costs.and attorneys'fees,or other charges that could accrue as a
<br /> result of a foreclosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shail name Lender as an additional obligee
<br /> under any surety bond furnished in the eontest proceedings.
<br /> 'Evidence of PaymenY. Trustor shall upon demand furnish to Lender satisfactory 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 antl assessments against the Property.
<br /> Notice of Construction. Trustor shall notify Lender at least fifteen(15)days before any work is commenced,any
<br /> - services are fumislied,or any materials are suppiied to the Property, if any mechanic's lien,materialmen's lien,or
<br /> other lien could 6e asserted on account of the work,services, or materials. Trustor will upon request of Lendef
<br /> fumish to Lender advance assurences satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvement5.
<br /> PROPERTY DAMAGE INSURANCE. The fotlowing provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Mairrtenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement 6asis for the full insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avofd application ofi any coinsutance clause, and with a standard mortgagee
<br /> clause in favor of Lender. Trustor shall also procure and maintain comprehensive generel liability insurance in such
<br /> coverage amounts as Lender may request with Trustee and Lender being named as adtlitional insureds in such
<br /> liability insurance policies, Additionally,Trustor shail maintain such other insurence, including but not limited to
<br /> hazard,business interruption,and boiler insurance,as Lender may reasona6ly require. Policies shall be written in
<br /> form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
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