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Loan No: 101247640
<br />DEED OF TRUST � p� 10 9 9 0�.
<br />(Continued) page 2
<br />GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMIANCE Except as otherwise provided in this Deed of Trust, Trustor shail pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of
<br />Trustor's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Property shall be govemed by the following provisions:
<br />Possession and Use. Untii the oc;cuRenc� of an Event of Default, Trustor may (1) remain in possession and
<br />control of the Properiy; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to MaintaPn. Trustor shall maintain the Property in good condition and promptly pertorm all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so
<br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage,
<br />treatment, disposal, release or threatened release of any Hazardaus Substance in violation of any Ernrironmental
<br />Laws. Trustor authorizes Lender and its agents to enter u�mn the Property to make such inspections and tests as
<br />Lender may deem appropriate to determine compliance of the Properly with this section of the Deed of Trust.
<br />Trustor hereby (1) releas� and waives any future claims against Lender for indemniry or contribution in the event
<br />Trustor becomes liable for cleanup or other costs under arry such laws, and (2)"agrees to indemniTy, defend; and
<br />hold harmiess Lender against any and all Gaims and losses resulting from a breach of this paragraph of the Deed of
<br />Trust. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction
<br />of this Deed of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payabie 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 interest 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 legal, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, instaliment sale contract, land contract, contract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by saie, assignment, or transfer of any beneficial interest in
<br />or to any Iand trust hoiding title to the Real Property, or by any other method 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 UENS. The following provisions relating to the taxes and liens on the Properry 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), 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 Tumished to the Property. Trustor
<br />shall maintain the Properly free of ali 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, except for the Existing Indebtedness referred to
<br />below, and except as otherwise provided in this Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The foliowing provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br />coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real
<br />Property in an amount sufficient to avoid application of any coinsurence ciause, and with a standard mortgagee
<br />clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require.
<br />Policies shall be written in form, amounts, coverages and basis reasonably acxeptable to Lender and issued by a
<br />company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br />from time to time the policies or certificates of insurance in form satisfactory to Lender, including slipulations that
<br />coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired
<br />in any way by any act, omission or default of Trustor or any other person. Should the Real Property be Iocated in
<br />an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,
<br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, for the mauimum amaunt of Trustor's
<br />credit line and the full unpaid principal balance of any prior tiens on the property securing the loan, up to the
<br />maximum policy limits set under the National Flood Insurance Program, or as othervvise required by Lender, and to
<br />maintain such insurance for the term of the loan.
<br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests,
<br />encumbranczs, and other claims, (B) to provide any required insw on the Property, (C) to make repairs to the
<br />Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then
<br />Lender may do so. If any action or proc�e�ding is c�ommerx�d that would rtraterially affect Lertder's interesls in the
<br />Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lerider believes to be
<br />appropriate to protect Lender's interests. All expe� incurred or paid by Lender for such purposes will then bear
<br />interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of
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