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DEED OF TRUST 2 p�. 2 0 6 7 5 5
<br />Loan IVo: 101245972 (Continued) Page 2
<br />The Real Property or its address is commonly known as 201 W 4TH ST , GRAND ISLAND , NE
<br />68801.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future edvances made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without lim(tation, this Deed of Trust
<br />secures, in addition to the emounts specified in the Note, all future amounts Lender in its discretion mey loen to
<br />Trustor, together with all interest thereon; however, in no event shell such future advences (excluding interest) exceed
<br />in the aggregate 375,000.00.
<br />Trustor presently assigns to Lender (also known es Baneffciary in this Deed of Truat) all of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender e Uniform Commercial Code security interest in the Personel Properry and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise 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 ell of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Releted Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor egrees that Trustor's possession and use of the
<br />Property shall be governed by the follawing provisions:
<br />Possession and Use. Urltil the occurrence of an Event of Default, Trustor may 11) remaiP� in posseasion and
<br />controf of the Property; (2) use, operate or manage the Property; and (3) collect the Rents frofn the Property.
<br />Duty to Maintain. Trustor shall maintein the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants ta Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hezardous Substence by any persor� on, under, about or from the Property;
<br />(2) Trustor hes 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 violetion of any Environmentel Lews, (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 priar owners or occupants of the Property, or (c) eny actual or
<br />threatened litigetion or claims of any kind by eny person relating to such matters; and (3) Except es previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generete, manufacture, store, treat, dispose of or releese any Hazardoua
<br />Substance on, under, ebout or from the Property; and (b) any such ectivity shall be conducted in complience with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without Iimitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, at Trustor's expense, es Lender may deem appropriate to deterrriine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shell be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the pert 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 />investigating the Property for Hazardous Substances. Trustor hereby (1) releases et�d waives any future claims
<br />ageinst 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 indemnify, defend, and hold harmless Lender egainst eny and all claims, losses,
<br />liabilities, damages, penalties, and expenses wMich 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 arty use, genaration, rnanutecture, storege,
<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 heve been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the obligation to indemnify and defend, sNall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any intereat
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Weste. Trustor shall not cause, conduct or permit eny nuisance nor comm(t, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or gre�t to any ottler party the right to remove, any timber, minerals (including
<br />oil and gasl, coal, clay, scor(a, soil, gravel or rock products wittlout Lender's prior written consent.
<br />Removal of Improvements. Trusior shall not demolish or remove any Improvements froPn the Real Property without
<br />Lender's prior written consent. As a condition to the removal of any Improvements, Lender mey require Trustor to
<br />meke arrangements satisfectory to Lender to replace such Improvements with In`�provements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter uport the Real Property et all
<br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br />compliance wfth the terms and conditions of this Deed of Trust.
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