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201109047
<br /> DEED OF TRUST
<br /> Loan No: 810277 (COntinUed) Page 2
<br /> possession and use of the Property shall be governed by the following provisions:
<br /> Possession and Use�. Unti.l the occurrence ofi an Event of Default, Trustor may (1) remain in possession and
<br /> control of the Property; (2) ase,operate or manage the Property;and (3� coilect the RenYS from.the Property.
<br /> �uty to Maintain. Trustor shall maintain�the Property in tenantable condition and oromptly perform all repairs, �
<br /> replacements,and maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br /> Trustor's ownership of the Property,the�e has been no use,generation,manufacture,storage,treatment,disposai,
<br /> release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br /> (2) Trustor has no Irnowledge of,or reason Yo believe that the�e has been,except as previousiy disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,.
<br /> generation, manufacture,storage,tteatment, 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 claims of any kind by any person relating to such matters.; and (3) Except as previously
<br /> disclosed to and acfcnowledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,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 applicable federal, state, and local laws, regulations and ordinances, inciuding without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to mal<e such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> Properry with this section of the �eed of Trust. Any inspections ot tests made hy Lender shall be for Lender's
<br /> purposes only and shatl not be construed to create any responsibility or lia6ility 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 Sutistances: Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for deanup or other costs under
<br /> a�y such laws;and (2) agrees to indemnify,defend,and hold harmless Lender against any and all claims,losses,
<br /> liabiliti�es,damages,penalties,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 a conseq.uence of any use,generation,manufacture,storage,
<br /> disposal,release or threatened�elease occurring prior to Trustor's ownership or interest in the Property,whether or
<br /> not the same was or should have been known�to Trustor. The provisiohs 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 Trusti 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 gasl,coal,day,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 any Improvements,Lender may require Trustor to
<br /> make arrangements satisfiactory 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 promptfy comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect,of all governmental authoriCies applicable to the use or..occupancy of the
<br /> Property,inciuding 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 proeeeding,including appropriate appeals,
<br /> so long as Trustor has noti#ied 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 adequate security or a surety
<br /> bond,reasonably satisfactory to Lender,to protect Lender's inYerest.
<br /> Duty to ProYect. Trustor agrees neither to abandon or leave unatYendetl 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 Properry are
<br /> reasnnably 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 aIl or any part of the
<br /> Real Property,or any interest in the Real Property. A"sale or transfer"means the co�veyance of Real Property ar any
<br /> rigM, 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, leaseho�ld interest with a
<br /> term greater Yhan 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 6y any other method of conveyance af an interest in the Real
<br /> Property. If any Trustor is a corporation,partnership or limitetl liability company,transfer also includes any change in
<br /> ownership of more than twenty-five percent(25%)of the voting stock,partnership interests or fimited IiabiliYy company
<br /> interests, as the case may be,of such Trustor. However,this option shall not be exercised 6y Lender if Sucti exercise
<br /> is prohibited by federal law or by Nebraska law.
<br /> TAXES AND LlENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Paymerrt. Trusior shaU pay when due(and in all events prior to delinquency)all taxes,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 ail claims ior work done on or for services rendered or�material fumished to the Property. Trustor
<br /> shail maintain the Property free of all liens having priority over or equal to the iMerest 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 Deed of
<br /> Trust.
<br /> Right to CoMest. Trustor may withholtl payment of any tax,assessment,or ciaim in connection with a good faith
<br /> dispute over the obligation to pay,so long as Lender's interest in the Property is noY jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment,Trustor shall within fifteen (15) days after the lien erises 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 Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount su�ficient m discharge the lien plus any costs and attorneys'fees,or other charges that couid accrue as a
<br /> result of a foreclosure or saie under the lien. In any contest,Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment tiefore enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety 6ond furnished in the contest proceedings.
<br /> . Evidence of Payment. Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate govemmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property. �
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