|
201108799
<br /> DEED OF TRUST
<br /> Loan No: 10000691 (COI7tinUed) Page 2
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br /> Trustor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,
<br /> release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br /> (2) Trustor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmentai Laws, (b) any use,
<br /> generation, manufacture,storage,treatment,disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or f�om the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or daims of any kind hy any person relating to such matters; and (3) Except as previously
<br /> disclosed to and acknowledged 6y Lender i.n writing, Ia) neiiher Trustor nor any tenant,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,a6out 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 limitaiion all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspecti�ons and tests, at 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 6y Lender shall 6e fo�Lender's
<br /> purposes only and shall 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 Hazartlous Substances. 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 directry 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,manufacture,storage,
<br /> disposal,release or threatened release occurring prior to Trustor's ownership or inTerest in the Property,whether o�
<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 obligation to indemnify and defend,shall survive the payment of the Inde6tedness 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 hy 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 3ny portion of the Property. Without Ilmiting the generality of the
<br /> foregoing,Trustor will not remove,ot grant to any other party the right to remove,any timber,minerals(including
<br /> oil and gas),coal,clay,scoria,soil,grevel 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 any Improvements,Lender may�equire 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 EMer. 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�Property for purposes of Trustor's �
<br /> compliance with the terms and conditions of this Deed of Trust.
<br /> � Compliance with Govemmental 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,ordinance,or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals,so long as Trustor has notified Lender in writing prior to doi.ng 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 6ond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither 2o abandon or leave unattended the Property. Trustor shall do all other
<br /> acxs,in addition to those acts set forth above in this section,which from the character and use of the Property are
<br /> re8sonably necessary to protect and prese�ve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare immediately due and payable all sums
<br /> secu�ed 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 Yhe conveyance of Real Properry or any
<br /> right, title or interest in the Real Property; whether legal, heneficial or equitable; whether voluntary or involuntary; .
<br /> whether by outright sale, deed, installment sale contract; land contract,contrect for deed, feasehold intetest 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 co�veyance 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 provisions re4ating 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 delinquency)all taxes,special taxes,assessments,
<br /> charges(including water and sewerl,fines and impositions levied againsi or on account of the Property,and shail .
<br /> pay when due all claims for work done on or for services rendered or material#urnished to 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 /> Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this �eed of
<br /> Trust.
<br /> Rigirt to Contest. Trustor may withhold payment of any tax,assessment,or claim in connection wizh a good faith
<br /> tlispute over the ofiligation 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 nonpayment,Trustor�shail within fifteen (15) days after the lien arises or,if a lien is filed,
<br /> within fifteen (t 5) days after Trustor has notice of the filing,secure the discharge of the lie�,or if requested by
<br /> Lender,deposit with Lender cash or a sufficient corporate surety bond or other securfty satisfactory to Lende�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 Ilen. In any contesi,Trustor shall defend itseif and Lender and shall satisfy
<br /> any adverse judgment before 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 /> statement of the taxes and assessments agai.nst the Pro�perty.
<br /> Notice of Construction. Trustor shall notify Lender at least fifteen(15)days before any work is commenced,any
<br /> serviees are furnished,or any materials are supplied to the Property,if any mechanic's lien, materiaimen's lien,or
<br /> other lien could he 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 Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property aie a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> � �'"�'� r"��
<br />
|