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201207740
<br /> DEED OF TRUST
<br /> Loan No: 81007148 (Continued) Page 2
<br /> PAYMENT AND PERFORMANCE. Except as otherwiSe provided in Yhis 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 all of
<br /> Trustor's obligations under the Note,this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and 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 (7) �emai�.n in possession and
<br /> control of the Property; (2) use, operate or manage the Pro�perty; and (3) colle.ct the Rents fram the Property.
<br /> Duty to Maintain_ Trustor snall maintain the Property in te�nantable condition and promptly perform all repairs,
<br /> replacements, and maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represeMs and warrents to 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 ofi any Hazardous Substance by any person on, under, about or from the Property;
<br /> (2) Trustor has no knowledge of, or reason to believe thai there has been, except as p�eviously disdosed io and
<br /> acknowledged by Lender in wriYing, (a) any breach or violation ofi any Environmentaf Laws, (b) any use,
<br /> generation, manufacture, storage, treatment, disposal, release oi threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contrector,agent or other
<br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br /> Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and iests, at Trustor s expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the pari of Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein aYe based on Trustor`s due diligence in
<br /> investigating the Property for Hazardaus Substances. Trustor hereby (1) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the eveni Trustor becomes liable for-cleanup or other costs under
<br /> any such laws; and (2) agrees to indemnify, defend, antl hold harmless Lentler againsi any and all daims, losses,
<br /> liabilities, damages, penalties, and expenses which 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 any use, generation, manufacture, storage,
<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 have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shall survive tne 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 bf any interest
<br /> in the Property,whether by foreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct o� permit any nuisance nor commit, permit, or s�uffer any
<br /> stripping of or waste on or to the Property or any portion of the Property. Witnout limiting the generality of the
<br /> foregoing, Trustor wi.11 not remove, or grant to any other party the right to remove, any timber, minerals (inciuding
<br /> oil and gas}, coal, clay, scoria,soil,gravel or rock prod:ucts without Lender`s prior written consent.
<br /> Removal of Irnprovements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> Lenders prior written consent As a condition to the remova:l of any Improvements, Lender may require Trustor to
<br /> make arrangaments satisfactory to Lender to replace such Improvements witn Improvements of at least equal
<br /> value.
<br /> iender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br /> reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's
<br /> compliance witn.the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requerements_ Trustor shall promptly comply with alI Iaws, ord�inances, and
<br /> regulations, now or hereafter in effect, of alI governmental auihoritie5 applicable to the use or occupancy of the
<br /> Property, including without li�mitation, Yhe Americans With Disabilities Act. Trustor may contest in good faith any
<br /> such law, ordinance, or regulation and withhold compliance d.uring any proceeding, including appropri�ate appeals,
<br /> so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br /> interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety
<br /> bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Du'ry to Protect. Trustor agrees neither to abandon or leave unattended the Property: Trustor shall tlo aTl other
<br /> acts, in addition to those acts set forth above in this section,which from the character and use of the Property are
<br /> reasonably necessary to protect and prese�rve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may, at Lender's option, declare immedPately due and payable all sums
<br /> secured by this Deed of Trust upon Yhe sale or transfer, without LendeYs prior written consent, of all o.r any part of the
<br /> Real Property, 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, contract for deed, leasehold interest with a
<br /> term greater than three (3) years, lease-option contract, o:r by sale, assignment, or transfer of any beneficial interest in
<br /> or to any Iand 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 exercise is prohi�6ited 6y federal law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS. Tne following provisions relating to ihe taxes and liens on the Property are part ofi thls Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due (and in all events prior to delinquency) alI taxes, special taxes, assessments,
<br /> charges (including water and sewer), fiines and impositions levied against or on account of the Property, and shall
<br /> pay when due all claims fior 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 taxes and assessments not due, except for the Existing Indebtedness refierred to
<br /> below, and except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhold paymeM of any tax, assessment, or claim in connection with a good faith
<br /> dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopard�ized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fifteen (95) days after the lien arises or, if a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of the filing, secure the discharge of tne lien, or if requested by
<br /> Lender, deposit with Lender cash or a sufficient corporate sureYy bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attomeys' fees, or other charges that could accrue as a
<br /> result of a foreclosure or sale under the fien. In any contest,Trustor shall defiend itself and Lender and stiall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment ofi the taxes
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