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201201039
<br />DEED OF TRUST
<br />(Continued) Page 2
<br />Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictiy
<br />perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAIPITENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustors
<br />possession and use of the Property shall be govemed by the following provisions:
<br />Possesslon and Use. Until the occurrence of an Event of Default, Trustar may (1) remain in possession and
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintafn. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) Du�ing the period of
<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 Property;
<br />(2) Trustor has no knowledge of, or �eason 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 Environmerrtal 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 prior 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 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, 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 />all applicable federal, state, and local laws, regulatlons and ordinances, including without limitation all
<br />Environmental Laws. Tnistor authorizes Lender and its agents to enter upon the Property to make such
<br />inspectfons and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance qf the
<br />Property with this section of the Deed of Trust. Any inspecUons or tests made by Lender shall be for Lenders
<br />purposes only and shail 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 warran6es contained herein are based on Trustors due diligence in
<br />(nvestigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future cleims
<br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and ail claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirecUy sustain or suffer resulting from
<br />a breach of this secUon of the Deed of Tn.ist or as a consequence of any use, generation, 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 provisfons 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 th(s Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br />in the Property, whether by foreclosure or othervvise.
<br />Nuisance, 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 />foregofng, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gas), coal, clay, scoria, soil, gravel or rack products without Lender's prior w�itten consent.
<br />Removai of Improvements. Trustor shail not demolish or remove any Improvements from the Real Property without
<br />LendePs prior w�itten consent. As a condiUon 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 />Lenders Right to Enter. Lender and Len.der'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 with the terms and conditions of this Deed of Trust.
<br />Compllance with Governmental Requirements. Trustor shall prompUy comply with ail laws, ordinances, and
<br />regula6ons, naw or hareafter in effect, of all govemmental authorities applicable to the use or occupancy of the
<br />Property, including without limitation, the Americans �th Disabilities Act. Trustor may contest in good fafth 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 writing p�ior to dofng so and so long as, ln Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may require Tnrstor to post adequate security or a surety
<br />bond, reasonabiy 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 addition to those 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 - 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 Lender's prior written consent, of all or any part of the
<br />Reai Property, ar any interest in the Real Property. A"sale or transfe�" means the conveyance of Real Property or any
<br />right, title or interest in the Real Property; whether lagal, beneflcial or equitable; whether voluntary or involuntary;
<br />whethe� 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 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 Reai
<br />Pro�rty. 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 foliowing provisions relating to the taxes and liens on the Property 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 taues, 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 Ifens having priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the lien oi taxes and assessments not due and except as othervvise provided in th(s 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 fitteen (15) days after the lien a�ises or, if a lien is filed,
<br />within flfteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by
<br />Lender, deposft with Le�er cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attomeys' fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satlsfy
<br />any adverse judgmerrt before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br />under any surety bond fumished in the contest proceedings.
<br />Evidence of Paymen� Trustor shall upon demand fumish to Lender satisfactory 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
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