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DEED OF TRUST � p y. 2� 3 7 9�
<br />Loan No: 101252401 (Continued) Page 2
<br />EACH OF TRUSTOR'S AGREEMENTS AND OBLIOATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS
<br />GIVEN AND ACCEPTED ON THE FOLLOWINQ TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pey 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 egrees that Truator's posseasion and use ot the
<br />Property shall be governed by the following prov(sfons:
<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 Renta ftom the Property.
<br />Duty to Maintain. Trustor shail mefntein the Property in good conditlon end promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Haaardous Substances. Trustor represents and warrents that the Properry never has been, and never w(II be ao
<br />long es this Deed of Trust remains a lien on the Property, used for the generetfon, manufacture, storage,
<br />treatment, disposel, release or threatened release of any Hezardous Substance in violation of any Environmentel
<br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to meke such inspectfona and testa as
<br />Lender may deem eppropriate to determine compliance af the Property with this section of the Deed of Trust.
<br />Trustor hereby 11) releases and waivea eny future claims against Lender for indemnity or contribution in the event
<br />Trustor becomes Bable for cleanup or other costs under any such laws, and (2) agreea to indemnify, defend, and
<br />hold harmless Lender against any and ali claims and losses resulting from e breach of this peragraph 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 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 trensfer" means the conveyance of Real Property or eny
<br />right, title or interest in the Real Property; whether legal, beneficiel or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment se�e contract, lend contrect, contract for deed, leesehold interest with a
<br />term greater than three (3) yeers, lease-option contract, or by sale, easignment, or transfer of any beneficiel interest in
<br />or to eny land trust holding 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 exercfse is prohibited by federal law or by
<br />Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the texes and liens on the Property ere 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 />cherges (including weter and sewer), fines end impoaitions levied egainst or on account of the Property, and shall
<br />pay when due ell claims for work done on or for serv(ces rendered or material furnished to the Property. Trustor
<br />shell 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 of taxes and asaessments not due, except for the Existing Indebtedneas referred to
<br />below, and except es otherwise provided in this Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to (nsuring the Property are e pert of this Deed of
<br />Trust.
<br />Malntenance of Insurance. Trustor shall procure and maintain policies of fire insurence with standard eutended
<br />coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real
<br />Property in en amount sufficient to avoid appHcation of any coinsurence clause, end w(th e standerd mortgegee
<br />clause in favor of Lender, together w(th such other hezard and ifabflity insurence es Lender may reasonebly require.
<br />Policies shall be written in form, emounts, coverages and basis reasonably acceptable to Lender and issued by e
<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 certiflcates of insurance in form satisfactory to Lender, including stipuletions that
<br />coverages will not be cancelled or diminiahed without at least ten (10) deys prior written notice to Lender. Each
<br />fnsurance policy also shall include an endorsement providing thet coverege in fevor of Lender will not be impaired
<br />in any wey by any act, omission or default of Trustor or eny other person. Should the Real Property be located in
<br />an area designated by the Director of the Federal Emergency Manegement Agency es e speciel flood hazard area,
<br />Trustor egrees to obtain and meintain Federal Flood Insurance, if available, for the meximum amount of Trustor's
<br />credit line and the full unpaid principal belence of any prior liens on the property securing the loan, up to the
<br />meximum policy limits set under the Natfonel Flood tnsurance Program, or as otherwise required by Lender, end 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 taxea, liens, security interests,
<br />encumbrences, and other claims, (B) to provide any required insurance on the Properry, (C) to make repaira to the
<br />Property or to comply with any obligation to meintain Existing Indebtedness in good standing es required below, then
<br />Lender may do so. If eny action or proceeding is commenced that woutd materially effect Lender's interesta in the
<br />Properry, then Lender on Trustor's behalf may, but is not required to, take any action that Lender believes to be
<br />appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear
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