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201109254
<br />DEED OF TRUST
<br />(Continued) Page 2
<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 Properly;
<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 Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Property by any prfor owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relaUng to such matters; and (3) Except � previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />author(zed user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Ha�rdous
<br />Substance on, under, about or from the Properly; and (b) any such activity shall be conducted in complfance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizzes Lender and its agents to enter upon the Properly to make such
<br />inspections and tests, at Trustors expense, as Lender may deem appropriate to determine compliance of the
<br />Properly with this section of the Deed of Trust. Any inspections or tests rt�de by Lender shall be for Lenders
<br />purposes only and shall not be construed to create any responsibility or Ilability on the part of Le�er 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 Properly for Hazardous Substances. Trustor hereby (1) r�ilA��SAs and waives any future claims
<br />against Lender for indemnity or cont�i4ution in the event Trustor becromes Ilable for cleanup or other costs under
<br />any such laws; and (2) agrees to fndemnify, defend, and hold harmless Lender against any and all claims, losses,
<br />IiabiliUes, damages, penalties, and expense.s which Lender may directly or indirectly sustain or suffer resulUng 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 p�for to Trustor's ownership or interest in the Property, whether or
<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 indemniTy 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 acquisitlon of any interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nulsance, 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 remova, 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 prfor written consent.
<br />Removal of Improvaments. 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 aRangements 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 ail
<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 D�d of Trust.
<br />Compllance with Govemmental Requirements. Tnrstor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all govemmental authorities applic�ble to the use or occupancy of the
<br />Properly, including 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 appropriate appeals,
<br />so long as Trustor has notified Lender in writ(ng prfor 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 surely
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty tb Protect. T stor agrees neither to abandon ar leave unattended the Property. Trustor shall do all other
<br />acts, in add(tion to th se 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 - CONSEN BY LENDER. Lender may, et Lender's option, declare immediately due and payable all sums
<br />secured by this Deed of T ust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br />Real Property, or any inte st in the Real Property. A"sale or transfer" means the conveyance of Real Property or any
<br />�ight, title or interest in he 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 greater than three (3 years, lease-option contract, or by sale, assignment, or transfer of any beneflcial interest in
<br />or to any land tnast holdin title to the Real Property, or by any other method of conveyance of an interest fn 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 UENS. The following provisions relating to the taxes and liens on the Properly 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 sewer), flnes 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 fumished 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 othervvise 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 />dispute over the obligatlon to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises ar
<br />is flled as a result of nonpayment, Trustor shall with(n flfteen (15) days after the lien arises or, if a I(en Is flled,
<br />within flfteen (15) days after Trustor has not(ce of the flling, secure the discharge of the Ilen, or if requested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security sat(sfactory to Lender in an
<br />amount sufflcient 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 Ifen. In any contest, Trustor shall defend itself and Lender and shall satisfy
<br />any adverse Judgment before enforcement agafnst the Property. Tn.istor shall name Lender as an additional obligee
<br />under any surety bond fumished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand fumish to Lender satlsfactory 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 assessrrieMs against the Properly. �
<br />Notice of Constructlon. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materlalmen's lien, or
<br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender
<br />fumish 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 Deed of
<br />Trust.
<br />Mafntenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
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