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DEED OF TRUST <br />Loan No: 101248801 (Continued) 2 p 1� 0 0 6'7 G Pa9� 2 <br />EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS <br />GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except es otherwise provided in th(s Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and ahall 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 end use of the <br />Property shell be governed by the following provisions: <br />Possession and Use. Until the occurrence of en Event of Default, Trustor may (1 � remain in possession and <br />control of the Property; (2) uae, operate or manage the Property; end (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, end 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 Hazardous Substance in violation of any Environmental <br />Laws. Trustor authorizea Lender and its agents to enter upon the Property to make such inapections and tests as <br />Lender mey deem appropriate to determine compliance of the Properry with this section of the Deed of Trust. <br />Trustor hereby (1) releases end waives any future claims against Lender for indemnity or contributfon in the event <br />Trustor becomes Ilable for cleanup or other costs under eny such laws, and (2) agrees to indemnify, defend, end <br />hold harmless Lender egainst any and all claima and losses resulting from a breach of thia paragraph of the Deed of <br />Trust. This obligetion 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 immedietely 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 interest in the Real Property. A"sale or transfer" means the conveyance of Real Properry 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, lend contrect, 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 beneficial interest in <br />or to any land trust holding title to the Real Property, or by any other method of conveyance of en 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 the taxes and liens on the Property ere part of this Deed of <br />Trust: <br />PaymeM. Trustor shall pay when due (end in all events prior to delinquency) all taxes, specfal taxes, essessments, <br />charges (including weter and sewer), fines end impositions levied ega(nst or on account of the Property, end shall <br />pay when due sll claims for work done on or for services rendered or material furnished to the Propeny. Truator <br />shall maintain the Properry free of all Aens having priority over or equal to the interest of Lender under thia Deed of <br />Trust, except for the lien of taxes end 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 following provisions relating to insuring the Property are e part of this Deed of <br />Trust. <br />Maintenance of In9urance. Trustor shall procure and maintain policies of fire insurence 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 applicetion of any coinsurance clause, and with a stendard mortgagee <br />clause in favor of Lender, together with such other hezard and liability insurance as Lender may reesonably require. <br />Policies shall be written in form, amounts, coverages end basis reasonably acceptable to Lender and issued by a <br />company or compenies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender <br />from time to time the policies or certificates of insurence in form satisfactory to Lender, including st(pulations that <br />coverages will not be cancelled or diminished without et least ten (10) days prior written notfce to Lender. Each <br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired <br />in eny way by any ect, omisslon or default of Trustor or any other person. Should the Real Property be located in <br />an area designated by the Director of the Federal Emergency Menegement Agency as a speciel flood heaard area, <br />Trustor agrees to obtain end maintain Federal Flood Insurance, if available, for the maximum emount of Trustor's <br />credit line end the full unpaid principal balence of any prfor liens on the property securing the loan, up to the <br />meximum policy limits set under the National Flood Insurance Program, or es otherwise 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 texes, liens, security interests, <br />encumbrances, and other claims, (B) to provide eny required insurance on the Property, (C) to meke repairs to the <br />Property or to comply with any obligation to malntain Existing Indebtedness in good standing as required below, then <br />Lender may do so. If any action or proceeding is commenced thet would materielly effect Lender's interests in the <br />Property, then Lender on Trustor's behalf may, but is not required to, teke any action that Lender believes to be <br />appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purpoaes will then bear <br />