|
� 201108475
<br /> �E�� o� r��sr
<br /> Loan No: 10000320 (Contmnued) Page 2
<br /> to any other person. The represeniations znd warran2ies containecl hereln are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Subs[ances. Trustor hereby (1) releases and v�iaives any fuwre claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under �
<br /> any such laws;and (21 agrees xo indemnify,defend,antl hold harmless Lender againsi any and all claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may direcCly or indireclly sustain or suHer resufting from
<br /> a breach of this section of Yhe 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 P�operty,evhether or
<br /> not the same was or should have been known to Trustor. The propisions of this section of the Deed of Trust
<br /> indudi:ng the obligation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of tfie lien of this Deed of Trust and shall not be affected by Lender's acquisifion of any interesY
<br /> in the Property,whether by forecl:osure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> strippi�g of at waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br /> foregoing,Trustor�.vill not remove,or grant to any other party the right to remove,any timber,minerals(including
<br /> oil and gas1,coal,day,scoria,soil,gravel or rocic products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall nox demolish or remove any Improvements from the Real Property without
<br /> Lender's prior v��ritten consent. As a condition to The removal of any Improvements,Lender may require Trustor to
<br /> malce 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 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 Properry for purposes of Trustor's
<br /> compliance with the terms and conditions of this�eed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply 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. Trustor may contest in good faith any such law,ordinanee,or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals,so long as Trustor has notified Lender in writing prior to doing so
<br /> and so long as,in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon.ar leave unattended xhe�Property. l'rustor shall do all other
<br /> acts,in addition to those acts set fortll above in this section,�mhi�ch from the character 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 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 equita�ble; whether voluntary or involuntary;
<br /> mvhether by outeight sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater than three 13)years,lease-option contract,or by sale,assignment,or transfer oi any beneficial interest in
<br /> or to any land trust holding title to the Real Property,or by any other method of c�nveyance 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 /> Nebraslca law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and I:iens on the Property are part of this Deed of
<br /> Trus t:
<br /> Payment Trustor shall pay when due(and in all events prior To delinquency)all taxES,special taxes,assessments,
<br /> charges(i�cluding water and sewer),fines and impositions levied agai�nst or on account of the Pro�perty,and shall
<br /> pay when tlue all claims for wori<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 lhis Deed of
<br /> Trust, except for�the lien of taxes and assessments not due, except for the Existing Indebtedness referred to
<br /> belo�nr,and except as otherwise provided in this Deed of Trust.
<br /> Right to Contest Trustor may withhold payment of any tax,assessment,or claim in connection with a go�od faith
<br /> dispute over the obligation to 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 nonpaymcnt,Trustor shall within fifteen (15)�days after the lien arises or,if a lien is filed,
<br /> Niithin fiftean(15)days after Trustor has notice of the filing, secure the discharge of the lien, or if requzsted 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 attorneys'fees,or other charges that could accrue as a
<br /> result of a foreclosure or sale under the I'ren. In any contcst,Trustor shall defend itself and Leoder and shall satisfy
<br /> any adverse judgment oefore enforcement against the Property. Trustor shall name Lender as 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 and shall authorize the appropriate governmental official to deliver��to Lender at any time a written
<br /> stateme�t of the taxes and assessments against the Property.
<br /> Notice of Construction. Trustor shall rootify Lender at least fifteen(15)days before any w•orl<is r.ommenced,any
<br /> services are fum�islied,or any materials are supplied to the Property, if any mechanic's lien,materialmen's lien,or
<br /> otherlien coufd 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.Trustot can and will pay the cost of such
<br /> i:mprovements.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> MainYenance of Insurance. Trustor shall procure and maintain policies of fire insurance with stanclartl extended
<br /> coverage endorsements on a replacement basis for the full insurable value covering all Improvemen+s on the Real
<br /> Property in an amount suffir,ient to avoid applicaTion o�any coinsurance clause, and with a standard mor[gagee
<br /> clause in favor of Lender,together m�ith such other hazard and liability insurance as Lender may reasonably require.
<br /> Poficies shall 6e written in form,amounts,�coverages and basis reasonably acce�table to Lender and issued by a �
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br /> from time to time the policies or certificates of insurance in form satisfactory to Lender,including stipulations that
<br /> coverages will not be cancelled or diminished.without at least ten (10j tlays prior written notice to Lender. Each
<br /> , insurance policy also shall i�clude an endorsement providing that coverege in Favor of Lender will not be impaired
<br /> in any way by any act,omission or default of Trustor or any other person. Should the Real Property be located in
<br /> an area designated by the Director of the Federal Emergency Management Agency as a special flood.hazartl area,
<br /> Trustor agrees to obtain and maintain Federal Flood Insutanc2,if available,for the full unpaid principai balance of
<br /> the loan antl any prior liens on 2he property securing the loan, up to the maximum policy limits set under the
<br /> National Fbod Insurance Progr�m,or as otherwise required by Lender,and to maintain such insura�ce for the term
<br /> of the loan.
<br /> Application of Proceeds. TrusFOr shall promptly notify Lender of any loss or damage to the Property. Lender may
<br /> mal<e proofi of loss if Trustor fails to do so within fifteen (15� days of the casualty. Whether or not �ender's
<br />
|