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DEED OF TRUST
<br />(Continued) Page 2
<br />Lender all Indebtedness secured by this Deed of Trust es it becomes due, and Borrov✓er and Trustor shall strictly
<br />perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br />possession and use of the Property shall be governed 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; 12) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall mainta(n the Property in tenanteble condition and promptly perform all repeirs,
<br />replacements, and maintenance necessery to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there hes been no use, generetion, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by eny 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 end
<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 Property, or (c) any actual or
<br />threatened litigetion or claims of any kind by eny person relating to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender In writing, la) 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; end (b) any such activity shall be conducted in compliance with
<br />all appliceble federal, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender end its agents to enter upon the Property to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance ot 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 Trustor's due diligence in
<br />investigeting 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 lews; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all cleims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly 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 />disposel, release or threatened release occurring prior to Trustor's ownership or intereat in the Property, whether or
<br />not the seme wes or should have been known to Trustor. The provisions 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 reconveyence of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br />in the Properry, whether by foreclosure or otherwise.
<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 portlon of the Property. Without limiting the generality of the
<br />foregoing, 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 rock products without Lender's prior written consent.
<br />Removal of Improvemerrts. Trustor shall not demolish or remove any Improvements ftom 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 arrengements satisfectory 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 Trusior's
<br />compliance with the terms and condition� of thi� Deed of Trust.
<br />Compliance wtth Govemmernal Requlrements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of ell governmental authorities appticabte to the use or occupancy of the
<br />Property, including without limitation, the Amerlcans With Disabilities Act. Trustor may contest in good faith any
<br />such lew, ordinence, or regulation and withhold compl(ance during any proceeding, including appropriate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender mey require Trustor to post adequate security or a surety
<br />bond, reasonably setisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattendad the Properry. 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 />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 Property, the Improvements shall be completed no later than
<br />the maturity date of the Note (or such earlier date 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 terms and
<br />conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed of Trust shall
<br />have priority over all possible liens, including those of material suppliers and workmen. Lender may require, among
<br />other things, that disbursement requests be supported by receipted bills, expense effidevits, 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 Lender's prior written consent, of all or any part of the
<br />Real Properry, 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, beneficiel or equitable; whether voluntery 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 sele, assignment, or transfer of any beneficial interest in
<br />or ta any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br />Property. If any Trustor is a corporation, partnership or Iimited liability company, transfer also includes any chenge in
<br />ownership of more than twenty-five percent (26%) of the voting stock, partnership interests or limited Ilability company
<br />interests, as the case may be, of such Trustor. However, this option shall not be exercised by Lender if such exercise
<br />is prohibited by federal law or by Nebreska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes end 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 taxes, assessments,
<br />charges (including water and sewer), fines end impositions levied against or on account ot the Property, and shall
<br />pay when due ell claims for work done on or for services rendered or material furnished to the Properry. Trustor
<br />shall maintein the Property free of all 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 />Right to Corrtest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith
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