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DEED OF TRUST 2 012 0 4 910 <br />Loan No: 101253817 (Continued) Page 2 <br />interest in end to all present and tuture leases of the Property end all Rents from the Property. In eddition, Trustor <br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDINO THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS QIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF <br />EACH OF TRUSTOR'S AGREEMENTS AND OBLIQATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS <br />GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwiae provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, end shall atrictly 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 thet Truator's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of en Event of Defeult, Trustor may (1) remein 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 Maintain. Trustor shell meintain the Property in good condition and promptly perform ell repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so <br />long as this Deed of Truat remains a Ilen on the Propeny, used for the generation, menufacture, storage, <br />treatment, disposat, releese or threatened retease of any Hazardous Substance in violetion of any Environmental <br />Lews. Trustor authorizes Lender and its egenta to enter upon the Property to make such inspections and tests as <br />Lender may deem appropriete to determine compliance of the Property with this section of the Deed of Trust. <br />Trustor hereby (1) releases and waives any future cleims ageinst Lender for indemnity or contribution in the event <br />Trustor becomes liable for cleanup or other costs under eny such lawa, end (2) egrees to indemnify, defend, and <br />hold harmless Lender against any and all claims and loases resulting from a breach of this peragreph of the Deed of <br />Trust. This obligetion to indemnify end defend ahell survive the payment of the Indebtedness and the satisfection <br />of this Deed of Trust. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's optton, declare immediately due and payable all sums <br />secured by this Deed of Trust upon the sale or trensfer, without Lender's prior written consent, of all or any part of the <br />Real Properry, or any interest in the Reet Property. A"sale or transfer" means the conveyence of Real Property 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 sele contract, land contrect, contrect for deed, leasehold interest with a <br />term greater then three (3) years, lease-option contract, or by sale, easignment, or trensfer of eny beneflcial interest in <br />or to eny 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 releting to the texes 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 texes, speciai taxes, assessments, <br />charges (including water end sewer), fines and impositions levied egainst or on account of the Property, end shall <br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor <br />shall maintain 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 texes and essessments not due, except for the Existing Indebtedness referred to <br />below, and except as otherwlse provided in this Deed of Trust. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Properry ere a part of this Deed of <br />Trust. <br />Maintenance of Insurance. Trustor ahell procure end nnaintain policies of fire insurence with standard extended <br />coverage endorsements on a fair value basis for the full insureble velue covering ell Improvements on the Real <br />Property in an amount sufflcient to avoid eppllcetion ot eny coinsurance clause, end with a standerd mortgagee <br />clause in favor of Lender, together with auch other hazard and liabi�ity insurance as Lender may reasonably require. <br />Policies shell be written in form, amounts, coverages end basis reasonably acceptable to Lender and issued by a <br />compeny or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender <br />from time to time the policies or certificates ot insurance in form satisfectory to Lender, including stipulations that <br />coverages will not be cencelled or diminished without et least ten (10) days prior written notice to Lender. Each <br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired <br />in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in <br />an area designated by the Director of the Federel Emergency Management Agency as e speciel flood hazerd area, <br />Trustor egrees to obtain and maintein Federal Flood tnsurence, if availeble, for the maximum emount of Trustor's <br />credit line and the full unpeid principal balence of any prior liens on the property securing the loan, up to the <br />maximum policy limits set under the National Flood Insurence Program, or as otherwise required by Lender, and to <br />maintain such insurance for the term of the loan. <br />LENDER'S EXPENDITURES. If Trustor feils (A) to keep the Propeny free of all taxes, liens, security interests, <br />encumbrances, end other cleims, (B) to provide any required insurance on the Property, (C) to make repeirs to the <br />