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201108848
<br /> DEED OF TRUST
<br /> Loan No: 810253 (Continued} Page 2
<br /> Substance on,under,about or from the Property;and (b) any such activity shall 6e 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 enter upon the Property to make such
<br /> inspections 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 by Lender shail be for Lender's
<br /> � purposes only and shail not be consvued to create any responsibility or liability on the part of Lender to Trustor or
<br /> to any other person. The reptesentations and warcanties contai.ned herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby 11) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup o�other costs under
<br /> any such laws;and (2) agrees to indemnify,defend,and�hoid harmless Lender against any and afl claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach of tfiis section of the Deed of Trusi or as a consequence of any use,generetion,manufacture,storage,
<br /> disposal,release or threatened release occurring prior to TrustoPs ownership or interest in fhe Property,whether or
<br /> not the same was or should have 6een known 2o 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 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, conduc[ or permit any nuisance nor commii, permit, or suffer any
<br /> stripping of or waste on or to the Property or any portion of the Property. Without fimiting 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,ciay,scoria,soil,gravel or rock products without LendePs 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,Lendet may require TFustor 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 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 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,includ�ing without limitation;the Americans With Disabilities Act. TrusTOr may contest in good faith any
<br /> such law,ordinance,or regulation and withhold compliance during any proceeding,including approptiate appeals,
<br /> so long as Trustor has notifietl Lender in writing prior to doing so and so long as,in LendePs sole opinion,Lender's
<br /> interests in the Property are notjeopartlized. 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 Pratect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other
<br /> acts,in addition io those acts set forth above in tfiis 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,declare immediately due and payable aIl sums
<br /> secured by this Deed of Trust upon the sale or transfier,without Lender'S prior written consent,of all or any part of the
<br /> Real Property,or any interest in ihe 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, lantl contract, contract for deed, leasehold interest with a
<br /> term greater than three(3)years,lease-option contracc,or 6y 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. If any Trustor is a corporation,partnership or limited liability company,transfer also includes any change in
<br /> ownership of more than twenty-five percent 125%}of the voting.stock,partnership interests or limited liability company
<br /> inierests,as the case may be,of such Trustor. �However,this option shall not be exercised by Lender if such exercise
<br /> is prohibited by federal law or by Nebraska 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:
<br /> Payment. Trustor shall pay when due(and in all events prior to delinquencyl ali texes,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 claims for work done on or for services rendered or material furnished 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 a�d assessments not due, except for the Existing Indebtedness referred to
<br /> below,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 good 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 nonpayment,Trustor shall within fifteen (151 days after the lien arises or,if a lien is filed.
<br /> within fifteen(1 5)days after Trustor has notice of the filing,secure the discharge of the I�ien,or if requested 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 pius any costs and attorneys'fiees,or other charges that could accrue as a
<br /> result of a foredosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shafl satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall name Lender as an addiiionai obligee
<br /> under any surety bond furnished in ihe 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 a�d 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 furnished,or any materials are supplietl to the Property,ifi any mechanic's lien,materialmen's lien,or
<br /> other lien couid 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 Trustor can and will pay the cost of such
<br /> improvements. -
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this�eed of
<br /> Trust
<br /> Maintenance of Insurance. Trustor shall procute and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a fair�alue basis for the full insure6le value covering all Improvements on the Real
<br /> Property in an.amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br /> clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br /> coverage amounts as Lender may request with Ttustee and Lender being named as additional insureds in such
<br /> liability insurance policies. Additionally,Trustor shall maintain such other insurance, including but not limited to
<br /> hazard,business interruption,antl boiler insurance,as Lender may reasonably require. Policies shall be wr'rtten in
<br /> form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
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