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20120665
<br />1. TiUe. Borrower covenants that Borrower is lawfully seized of fee simple title to the property, free from encumbrances.
<br />2. Warran . Borrower will have the right and power to cronvey absolute tiUe in fee simple and will warrant and defend the title to
<br />the property against all claims whatsoever except as mentioned.
<br />3. PerFormance of Obliaations. Upon the full payment of all indebtedness or full performance of ali obligation secured by this
<br />Trust Deed and the payment of all charges and expenses incurred by the Trustee, the Trustee shall release and reconvey the real
<br />property, at Borrower's costs, to the Borrower, or to any party then claiming through the Borrower.
<br />4. Pavment and Performance. All loans and other sums or obligations secured bythis instrumentwill be paid when due and the
<br />terms and conditions of this instrument and other instruments related to the indebtedness or obligation secured by this Trust Deed will be
<br />perFormed in accordance with the terms of the instrument. This Trust Deed has been granted for the purpose of securing the
<br />indebtedness and obligations evidenced by the Note including any additional sums, with interest thereon, as may be hereafter borrowed
<br />from the Lender by the Borrower, as evidenced by subsequent promissory notes, of either or both of the Trustors or the person named in
<br />this Trust Deed whose performance is secured by this Trust Deed, all of which will be secured by this Trust Deed, unless othervvise
<br />specified. However, in no event, shall the total amount secured hereby exceed twice the principal amount stated herein, or $200,000.00
<br />whichever is greater.
<br />5. Taxes and Insurance. Borrower will pay, before delinquency, all ta�ces and assessments that may become liens against the
<br />real property. Borrower further agrees to keep the property insured against loss, damage or fire with extended coverage to the amount of
<br />the full insurable value on a replacement cost basis (or less in the discretion of the Lender) with a Nebraska licens� insurance crompany.
<br />The policy shall have such endorsements to provide that loss of such insurance shall be payable to Lender. The Lender may require a
<br />policy evidencing this insurance and recefpt for the payments of the premiums. The policy shall contain a provision requiring 30 days or
<br />more notice to Lender prior to cancellation or modification. Borrower shall give Lender evidence of renewal of the policy with premfums
<br />paid, 30 days or more before expiration. Borrower will not permit any condfion to exist on the real property which would invalidate any
<br />insurance thereon. Lender shall not by the fact of approving, disapproving, accepting, preventing, obtaining orfailing to obtain any such
<br />insurance, incur any liability for the form or legal sufficiency of insurance contracts, solvency of insurers, or payment of losses and
<br />Borrower hereby e�ressly assumes full responsibility therefore and any liability, if any, hereunder.
<br />6. Maintenance of Prooertv. Borrower shall keep the property in good repair and shall not commit waste or deterioration. No
<br />improvements shall be removed or structurally altered and no fixture which shall constltute an accessoryto the property shall be removed
<br />wlthout Trustee's approval. Borrower shall not permit any lien of any mechanic, mate�ialman or any other statutory lien to attach to the
<br />property and shall comply with all laws affecting the property.
<br />7. Hazardous Substances. The terms "hazardous waste", "hazardous substance", "disposal", "release", and "threatened
<br />release", as used in this Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et s�.,
<br />the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or
<br />regulations adopted pursuant to any of the foregoing. Borrower represents and warrants to the Lender that: (a) During the period of
<br />Borrower's ownership of the Property, there has been no use, generation, manufacture, storage, treatrnent, disposal, release or threatened
<br />release of any hazardous waste or substance by any person on, under, or about the Properly. (b) Borrower has no knowledge of, or
<br />reason to believe that there has been, except as previously disposed to and acknowledged by Lender in writing (i) any use, generation,
<br />manufacture, storage, treatrnent, disposal, release, or threatened release of any hazardous waste or substance by any prior owners or
<br />occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters. (c) Except
<br />as previously disclosed to and acknowledged by Lender in writing, (i) neither Borrower 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 waste or substance
<br />on, under or about the property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws,
<br />regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Borrower authorizes
<br />Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine
<br />compliance of the Properly with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes
<br />only and shall not be consVued to create any responsibility or liability on the part of the Lender to Borrower or to any other person. The
<br />representations and waRantles contained herein are based on Borrower's due diligence in investigating the Properlyfor hazardous waste.
<br />Borrower hereby (a) releases and waives any future ciaims against Lender for indemnity or contribution in the event Borrower becomes
<br />liable for cleanup or other costs under any such iaws, (b) agrees to indemnify and hold harmless Lender against any and all claims,
<br />losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this
<br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Borrower's ownership or interest in the Property, whether or not the same was or should have been known to Borrower.
<br />The provisions of this section of the Deed of Trust, inGuding the obligation to indemnffy, shall survive the payment of the indebtedness and
<br />the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />S. Riaht of Entrv. Lender, may at any time without notice to Borrower, enter and inspect or protect the property in person or by
<br />its agent, in any manner as may be deemed reasonable and necessary to protect the value of the property. Lender may undertake such
<br />repairs or maintenance as it deems necessary and the cost shall immediately become due and payable to Lender and said amount shall
<br />be reimbursed in the same manner as provided for insurance and taxes. Lender shall not be deemed to have waived its rights to declare
<br />default under this Trust Deed for failure to maintain the property correcUy even though the Lender undertakes to pertorm such repairs and
<br />maintenance.
<br />9. Protection of Lender's Securitv. If Borrower fails to perform the agreements contained in this Trust Deed or if any
<br />proceedings are commenced which materially affect Lender's interest in the real property inciuding but not limited to eminent domain,
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