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Loan No: 101255998
<br />DEED OF TRUST 2 0� 2 0 6 9� 4
<br />(Continued)
<br />Page 2
<br />interest in and to ail present end future leases of the Property and ell Rents from the Property. In eddition, Trustor
<br />grants to Lender e Uniform Commerc(al Code security interest in the Personel Property end Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS (31VEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) 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 otherwise provided in this Deed of Trust, Trustor shell pey to Lender all
<br />amounts secured by this Deed of Trust as they become due, end shall strictly and in a timely manner perform ell 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 Trustor's possession end use of the
<br />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 end
<br />control of the Property; (2) use, operate or manage the Property; and (3) cotlect the Rents from the Property.
<br />Duty to Maintain. Trustor shell malntain the Property in goad condition and promptly perform all repalra,
<br />replacements, end maintenance necessery to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never hes been, end never will be so
<br />long es this Deed of Trust rema(ns e lien on the Property, used for the generetion, menufacture, storage,
<br />treatment, disposal, release or threatened release of any Hazerdous Substance in violation of any Environmentel
<br />Laws. Trustor euthorizes Lender end its agents to enter upon the Property to make such inspections and tests as
<br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event
<br />Trustor becomes lieble for cleanup or other costs under any such lews, and (2) agrees to indemnify, defend, and
<br />hold harmless Lender against any and ell claims end losses resulting from e breach of this paregraph of the Deed of
<br />Trust. This obligation to indemnffy and defend shell 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 option, declare immediately due end payeble all suma
<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, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contrect for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sele, assignment, or transfer of eny beneficial 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 shell not be exercised by Lender if such exerc(se is prohibited by federel law or by
<br />Nebreske law.
<br />TAXES AIVD LIENS. The followfng provis(ons relating to the taxes and liens on the Properry are part of this Deed of
<br />Trust:
<br />Peyment. Trustor shall pay when due (end in all events prior to delinquency) all taxes, special texes, essessments,
<br />charges (including water and aewerl, fines and impositions levied ageinst or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material furnished to the Properry. Trustor
<br />shali meintein the Property free of all Itens having priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the lien of texes and assessments not due, except for the Existing Indebtedness referred to
<br />below, and except as otherwise provided in this Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The following proviaions relating to insuring the Property ere a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shell procure and maintain policies of fire fnsurence with standard extended
<br />coverage endorsements on a fair velue besis for the full insurable value covering ell Improvements on the Real
<br />Property in an amount sufficient to avoid application of any coinsurance clause, and wlth e standard mortgagee
<br />ciause in favor of Lender, together with such other hazerd and liability (naurence es Lender may reasonably require.
<br />Policies shall be written in form, amounts, coverages and basis reasanably acceptable to Lender end issued by a
<br />company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will del(ver to Lender
<br />from time to time the policies or certificetes of insurance in form satiafactory to Lender, includ(ng stipulations that
<br />coverages will not be cancelled or diminished without et least ten (10) days prior written notice to Lender. Each
<br />insurence policy also shall include en endorsement providing that coverage in favor of Lender will not be impaired
<br />in any way by any ect, 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 Federel Emergency Management Agency as a special flood hazerd area,
<br />Trustor egrees to obtain end maintain Federal Flood Insurance, if evailable, for the meximum amount of Trustor's
<br />credit I(ne and the full unpaid principal balance of any prior liens on the property securing the loan, up to the
<br />maximum policy limits set under the National Flood Insurance 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 taxes, 1(ens, security interests,
<br />encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repalrs to the
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