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DEED OF TRUST 2 p�. 2 017 ��
<br />(Continued) Page 2
<br />The Real Property or its address is commonly known as 17706 W CAPITAL AVE, CAIRO, NE
<br />68824. The Real Property tax identification number is 400494924.
<br />REVOLVING LINE OF CREDIT. Thls Deed of Trust secures the Indebtedness including, wkhout Iimitation, a revolving
<br />Ilne of credit, which obllgat� Lender to make advances to Trustor so long as Trustor complies with all the terms of the
<br />Credit Agreement Such advances may be made, repaid, and remade from time to time, subJect to the Iimitatlon that
<br />the total outstanding balance owing at any one Ume, not Including flnance charges on such balance at a flxed or
<br />variable rate or sum as provided in the CredR Agreement, any temporary overages, other charges, and any amounts
<br />ex�nded or advanced as provided in either the Indebtedn�s paragraph or this paragraph, shall not exceed the Credit
<br />Limit as provided in the Credit Agreement. It is the IntenUon of Trustor and Lender that this Deed of Trust secures the
<br />balance outstanding under the Credlt Agreement from Ume to Ume from zero up to the Credk Umk as provided in the
<br />Credk Agreement and any tntermediate balance.
<br />Trustor presently assigns to Lender (also known as Benefi�i�ty in this Deed of Trust) aU of Trustor's right, title, and
<br />interest in and to all present and future leases of the Properly and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Properly and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GNEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDR AGREEMENT, THE RELATED
<br />DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GNEN AND ACCEPTED ON THE FOLLOWING
<br />TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherw(se provided in this Deed of Trust, Trustor shall 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 Credft Agreement, this D�d 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. Until the occurrence of an Event of Default, Trustor 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 Malntaln. Trustor shall ma(ntain the Property in good condition and promptly perform all repafrs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the per(od of
<br />Trustor's ownership of the Properly, there has b�n no use, generation, manufacture, storage, Ueatment, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Properly;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclos� to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental 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 Properly, or (c) any actual or
<br />threatened lit(gation 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) nefther 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 />Sutistance on,:under a�ut or from the Property; and (b) any such actiuity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulaHons and ordinances, including without Iimftation afl
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Properly to rr�ke such
<br />fnspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Properly 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 I(ability on the part of Lender to Trustor or
<br />to any other person. The representatlons and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<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 indemniTy, defend, and hold hamiless Lender against any and all claims, losses,
<br />liabilities, damages, penaltles, and expenses which Lender may direcUy or indirectly sustain or suffer resulting from
<br />a breach of this section of the Deed of Trust 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 provisions of this section of the D�d of Trust,
<br />including the obligallon to indemnify and defend, shall survive the payment of the Indebtedness and the saUsfactfon
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisiUon 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 commft, permit, or suffer any
<br />stripping of or waste on or to the Properly or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grent to any other party the right to remove, any timber, minerals (including
<br />oii and gas), coal, clay, scoria, soil, gravei 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 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 />compllance with the terms and conditions of this Deed of Trust.
<br />Compllance with_ Govemmental Requlrements. Trustor shall promptl, comply with ell laws, ordinances, ar�d
<br />regulations, now or hereafter in effect, of all govemmental authorfties 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 du�ing
<br />any proceeding, including appropriate appeals, so long as Trustor has notifled Lender in writing pr(or to doing so
<br />and so long as, in Lender"s sole opinion, Lender's (nterests 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. 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 />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 Reai Properly; whether legal, beneflcial 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 sale, assignment, or transfer of any beneflcial (nterest (n
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