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201109439
<br /> DEED OF TRUST
<br /> Loan No: 173051721 (Continued) Page 2
<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 i❑ writing, (a) any breach or violation of any Environmental Laws, (b1 any use,
<br /> generation, manufacture,storage,treatment, disposal,release or threatened release of any Hazardous Suhstance
<br /> on, under, a6out or from the Property by any prior owners or occUpants of the Property, or lc) any actual or
<br /> threatened litigation or daims of any kind by any person relati�ng To such matters; and (3) Except as previously
<br /> disdosed to and acknowledged by Lender in writing, (al neitlier 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 /> a:fl applicable fedeYal, state, and local lavvs, regulations and ortlinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections a�d 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 shall be for 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 Trustors due diligence in
<br /> investigating the Property for Hazardous Substan�es. Trustor hereby (1) releases and waives any future daims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cieanup or other costs under
<br /> any such laws;and (2) agrees to indemnify,defend,and hold harmless Lender against any and all ciaims,losses,
<br /> liabitities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a 6reach of this section of the Deed of Trust or as a consequence of any use,generatiQn, manufacture,storage,
<br /> disposal,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 indemnifi/and defend,shail survive the paymenY of the I�debtedness 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 ceuse, 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 oYher party the right to remove,any timber,minerals(induding �
<br /> oil and gas),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 Propetty 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 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 wrth 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 hereafiter in effect, of all governm�ental 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, induding approp�iate appeals,so long as Trustor has noYified Lender in�vdriting prior to doing 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 bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trusior agrees neither to abandon orleave unattended the Property. Trustor shall do all other
<br /> acYS,in addition to those acts set forth above in this section,which from the character and use of the Property are
<br /> reasonably necessaryto protect and preserve the Property.
<br /> Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct
<br /> or complete construction of any Improvements on the Ptoperty,the ImprovemeMS shall 6e completed no later than
<br /> the maturity date of the Note(or such earl:ier daYe as Lender may reasonably establish}and Trustor shall pay in full
<br /> all costs and expenses in connection with the work. Lender will disburse loan proceeds under such[erms and
<br /> conditions as Lender may tleem reasonably necessary to insure that the interest created by this�eed of Trust shall
<br /> have priority over all possible liens,including those of material suppliers and workmen. Lender may requi�re,among
<br /> other things, that disbursement reques[s 6e supported by receipted bil:ls, expense affidavits, waivers of liens,
<br /> construction progress reports,and such other documentation as Lender may reasonably request.
<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 Le�der's prior written consent,of all or any part of the
<br /> Real Property,or any interest i.n the Real Properry. 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, land contract, contrect for deed, leasehold interest 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 methotl of conveyance 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 relating to Yhe taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due(and'm 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 all claims for work done on or for se�vices rendered or material furnished to the Property. TrusYOr
<br /> shall maintain the Property free of all I�iens having priority over or equal to The interest of Lender under this Deed of
<br /> Trust, except for ihe 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 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 fifYeen (15) days after the lien arises or,if a lien is filed,
<br /> within fifteen (15)days after Trustor has notice of the fiiing,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 d:ischarge 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 lien. In any contest,Trustor shail defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obiigee
<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 appropri�ate governmental official to deliver to Lender at any time a wntten
<br /> statement of the taxes and 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 fumished,or any materials are supplied to the Property,if any mechanic's lien,materialmen`s[ien,or
<br /> other lien could be asserted on account of the wotk, services,or materials. Trustor witl upon request of Lender
<br /> � ,"s`.
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