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� 201108714
<br /> DEED OF TRUST
<br /> Loan No:872058407 (Continued) Page 2
<br /> control of the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property.
<br /> Duty to Mairr[ain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br /> replacements,and mainienance necessary to preserve its value.
<br /> Compliance With EnviranmentAl Laws. Trustor represents and warrants to Lender that: (11 During the period of
<br /> Trustor's ownership of the Property;there has been no use,generation,manufacture,storage,ireatment,disposal,
<br /> release or threatened.release of any Hazardous Substance by any person on, untler, about orfrom the Property;
<br /> (2) Trustor has no k�owledge of,or reason to believe that there has been,except as previously discbsed to and
<br /> - acknowledged by Lender in wriYing, (a) any breach or violation of any Environmerttal Laws, (til any use,
<br /> generation,manufacYUre, storage,treatment,disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or daims of any kind by any person relating io such matters; and G3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tena�t,contractor,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of orrelease any Hazardous
<br /> Substance on,under,about or fram the Property;and (b) any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, induding without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enYer upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine complia�ce of the
<br /> Property with this section of the Deed of T�ust. Any inspections�or tests made by Lender shall be for Lender's
<br /> purposes only and shal�l not be construed to create any responsibility or 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 /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contriblition 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 alI daims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may directly oi 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, manufacture,storage,
<br /> disposal,release or threatened release occurring priorto Trustor's ownership or interest in the Property,whether or
<br /> noi the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shail survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition 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 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 party the right to remove,any timber, minerals(including
<br /> oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent..
<br /> Removal of lmprovements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lender's prior written consent. As a condition to the removal of any Improvements,Lender 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 agents and reptesentatives 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 the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental RequiremeMS. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect,of all govemmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law,ordinance,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 a6andon or leave unattended the Property. Trusior shall do all other
<br /> acts,in atldition to those acts set forth above in this section,which 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,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; whether voluntary or involuntary;
<br /> whether by outright sale, deed,installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term g�eater than three(3)years,lease-option contract,or by sale,assignment,or transfer of any 6eneficial 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 provi�.sions 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 events prior to�delinquencyl all taxes,special taxes,assessments,
<br /> charges(induding 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 material furnished m 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 /> TrusL except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of
<br /> Trust
<br /> Right to Contest. Trustor may withhold payment of any tax,assessment,or claim in connection with a good faith
<br /> disp�ute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is filetl as�a result of nonpayment,Trustor shall within fifteen (151 days after the lien arises or, if a lien is filed,
<br /> within fifteen (15)days after Trustor has notice of the filing,secure the discharge of the lien,or if requested by
<br /> Lender,deposit with Lende�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 acc�ue as a
<br /> result of a foreclosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shall satisty
<br /> any adverse judgment before enforcement against the Property. �Trustor shall name Lender as an additional obligee
<br /> under any surety bond fumished in the contest proceedings.
<br /> Evidence of Payment Truscor 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 wri'tten
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construction. Trustor shall notify Lender-at least fifteen(15)days before any work is commeoced,any
<br /> services are furnished,or any materials are supplied 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 Lender
<br /> fumish to Lender advance assurances saYisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
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