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DEED OF TRUST 2 p 110 8 7� G
<br />Loan No: 101247016 (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 Meintain. Trustor shall maintafn the Property in tenanteble condition and promptly perform all repairs,
<br />replecements, and maintenance necessary to preserve its value.
<br />Compliance With Envlronmerrtal Lews. Truator represents and werrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, menufecture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, ebout or from the Properry;
<br />12) Trustor has no knowledge of, or reason to believe that there has baen, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violetion of eny Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposel, release or threatened release of any Hazardous Substance
<br />on, under, ebout or from the Property by any prior owners or occupants of the Property, or (c) eny actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previausly
<br />disclosed to end acknowledged by Lender in writing, (a) neither Trustor nor any tenent, contrector, 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 epplicable federal, state, and locel laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, et Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be conatrued to creete eny responaibility or liability on the part of Lender to Trustor or
<br />to eny other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hezardous Substances. Trustor hereby (1) releases end waives eny future claims
<br />ageinst Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />eny such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penelties, 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 e consequence of any use, generation, manufacture, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br />not the same was or should heve been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfact(on
<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 Properry, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit eny nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Properry. Without limiting the generelity of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, eny timber, minerals (including
<br />oil and gas1, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. 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 eny Improvements, Lender may require Trustor to
<br />make arrengements satisfactory to Lender to replece such Improvements with Improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents end representatives 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 wtth Governmental Requiremerns. Trustor shall promptly comply with all laws, ordinances, end
<br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br />Properry, including without limitation, the Americens With Disabilities Act. Trustor may contest in good faith eny
<br />such law, ordinance, or regulation end withhold complience during any proceeding, including eppropriete eppeals,
<br />so long as Trustor has notitied Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may require Trustor to post edequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br />acts, in addition 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 mey, at Lender's option, declare immediately due and payable all sums
<br />secured by this Deed of Trust upon the sale or trensfer, without Lender's prior written consent, of all or any pert of the
<br />Real Property, or any interest in the Real Properry. A"sale or transfer" means the conveyance of Real Property or any
<br />right, title ar interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, instellment sale contract, lend contract, contrect for deed, leasehold interest with e
<br />term greater than three (3) years, lease-option contrect, 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 be exercised by Lender if such exercise is prohibited by federal law or by
<br />Nebraske law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of
<br />Trust:
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