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Loan No: 101245912
<br />Street to the point of beginning.
<br />DEED OF TRUST
<br />(Continued) � o� 2 0� g�� 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 tuture edvences made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without Iimitation, this Deed of Trust
<br />secures, in addition to the amounts specified in the Note, all future amounts Lender in iis discretion may loan to
<br />Trustor, together with all interest thereon; however, in no event shall such future advances (exctuding interest) exceed
<br />in the aggregate 575,000.00.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, tftle, and
<br />interest in and to ail present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property 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 shell pey 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 provislons:
<br />Possession and 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 (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform ell repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental 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, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substence by eny 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 end
<br />acknowledged by Lender in writing, (a) any breach or violetion of eny Environmentel Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hezardous 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 Iitigation or cleims 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, contractor, 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 ectivity shall be conducted in complience with
<br />all applicable federal, state, and local laws, regulations end ordinances, including without limitation all
<br />Environmental Laws. Trustor euthorizes Lender and its agents to enter upon the Property to meke such
<br />inspections and tests, at Trustor's expense, as Lender may deem eppropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests mede by Lender shall 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 representetions and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (7) releases and waives any future cleims
<br />egainst Lender for indemnity or contrfbution 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 />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 es a consequence af any use, generation, manufecture, storage,
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Properry, 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 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 eny interest
<br />in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shell 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 portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gasl, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvemerrts. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to
<br />make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br />value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives mey enter upon the Real Property at all
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