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DEED OF TRUST 2 p 1� 0 9 3 3 �
<br />(Continued) Page 2
<br />Duty to Matntain. Trustor shail maintain the Properry in tenanteble condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Complience Whh Environmerrtal Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there hes been no use, generation, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazerdous Substance by any person on, under, about or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there hes been, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of eny Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazerdous Substence
<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 acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generete, manufacture, stora, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Properry; and (b) any such activity shall be conducted in compliance with
<br />all appliceble federa►, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmentel 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 complience 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 end shall not be construed to create any responsibility 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 Hazardous Substances. Trustor hereby (1► releeses end waives any future claims
<br />against Lender tor 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, 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 consequence of eny use, generation, manufacture, storage,
<br />dfsposal, release or threatened release 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 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, conduct or permit any nuisance nor commit, perm(t, 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, 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 any Improvements, Lender may require 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 end representetives may enter upon the Real Property at all
<br />reasonable times to ettend 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 />Compllence 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, including without limitation, the Americans With Disebilities 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 hes notiNed 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 jeoperdized. Lender mey require Trustor to post adequate 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 addit(on to those acts set forth above in this section, which from the cheracter 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 peyable all sums
<br />secured 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 tnterest in the Real Property. A"sale or transfer" means the conveyance of Real Property or any
<br />right, title or interest in the Real Property; whether legel, beneficial or equiteble; whether voluntary or involuntary;
<br />whether by outright sale, deed, instellment sele contrect, land contract, contract for deed, leasehold interest with a
<br />term greater then 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 conveyance of an interest in the Real
<br />Property. If any Trustor is a corporation, paRnership or Iimited liability company, transfer also includes any change in
<br />ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company
<br />interests, as the case mey 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 />Paymerrt. Trustor shall pay when due (and in al� events prior to delinquency) all taxes, special taxes, assessments,
<br />charges (including water and sewer), f(nes and impositions levied egainst 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 maintein 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 Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold peyment 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 e result of nonpayment, Trustor shall within fifteen (15) days efter the lien arises or, if a lien is filed,
<br />within fifteen (75) 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 sufficient to discherge the flen plus any costs end ettorneys' fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the lien. In eny contest, Trustor shall defend itself and Lender and shall satisfy
<br />eny edverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br />under eny surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnfsh to Lender setisfactory evidence of payment of the taxes
<br />or assessments and shall authorize the appropriate governmental official to deliver to Lender at eny time a written
<br />statement of the taxes and assessments against the Property.
<br />Notice of Construction. Trustor shall notify Lender at teast fifteen (15) days before any work is commenced, any
<br />services are furnished, or any materials ere supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br />other lien could be asserted on account of the work, aervices, or materials. Trustor will upon request of Lender
<br />furnish to Lender advance assurences satisfactory to Lender that Trustor cen and will pay the cost of such
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