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DEED OF TRUST ���`� O c� O`� �
<br />Loan No: 101257432 (Continued) Page 2
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY IIVTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE IA) 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. F�ccept as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />emounts 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 />CONSTRUCTION MORTGAGE. This Deed of Trust is e"construction mortgage" for the purposes of Sections 9-334
<br />and 2A-309 of the Uniform Commercial Code, as those sections heve been adopted by the State of Nebraska.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor egrees that Trustor's possession and use of the
<br />Property shall be governed by the following proviaions:
<br />Possession end Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />control of the Property; (2) use, operate or manage the Property; and 13) cotlect the Rents from the Property.
<br />Duty to Maintain. Trustor shell maintain the Property in tenenteble condition and promptly pe�form all repairs,
<br />replacements, end maintenance necessary to preserve its value.
<br />Compiience Wtth Envlronmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there hes been no use, generation, manufecture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substence by any person on, under, about or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmentel Lews, (b) any use,
<br />generat(on, manufacture, storage, treatment, disposal, release or threatened release of any Hazardoua Substance
<br />on, under, about or ftom 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 eny tenant, contractor, agent or other
<br />authorized user ot the Property shall use, generate, manufacture, store, treat, dispose of or release any Hezerdous
<br />Substance on, under, about or ftom the Properry; and (b) any such activity shall be conducted in compliance with
<br />all epplicable federal, state, and local laws, reguletions and ordinances, including without limitation ell
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Properry to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property wlth 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 part of Lender to Trustor or
<br />to any other person. The representations and werranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />against 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 against any and all claims, losses,
<br />liebflities, damages, penalties, end 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 e 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 obligetion to indemnify and defend, shell 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 interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portlon of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or,grent to any other party the right to remove, any.timber, minerels (including
<br />oil and gas1, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvemer�ts. Trustor shall not demolish or remove any Improvements ftom the Real Property without
<br />Lender's prior written consent. As a condition to the removel of any Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replece such Improvements with Improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's egents 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 with the terms and conditiot�s of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of ell governmentel authoritles applicable to the use or occupency of the
<br />Property, including without lirt�itation, the Americans With Disebilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriete 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 jeoperdized. Lender may require Trustor to post adequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to ebandon or leave unettended the Property. Trustor shall do all other
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