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DEED OF TRUST � p� 2 0 9 3�_ �
<br />Loan No: 101258486 (Continued) Page 2
<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 a Uniform Commercial Code security interest in the Personal 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 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS
<br />GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason ot any "one action" or "anti-deficiency"
<br />law, or any other law which mey prevent Lender from br(nging any action egeinst Trustor, tncluding a claim for
<br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
<br />or complet(on of any foreclosure action, either judicially or by exercise of a power of sele.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pey to Lender ell
<br />Indebtedness secured by thia Deed of Trust es it becomes due, and Borrower and Trustor shall perform all their
<br />respective obligations under the Credit Agreement, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br />possession and use of the Property shall be governed by the following provisions:
<br />Possession end Use. Until the occurrence of an Event of Default, Trustor may (1) remein in possession end
<br />control of the Property; (2) use, opereYe or mar�age the Property; and f3) eollect the Rents from the Property.
<br />Duty to Meintain. Trustor shall meintain the Property in good condition and promptly perform all repairs,
<br />replacements, end maintenance necessary to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so
<br />long as th(s Deed of Trust remaina a lien on the Property, used for the generation, menufacture, storage,
<br />treatment, disposal, release or threatened release of any Hazardous Substance in violetion of any Environmental
<br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections end testa as
<br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (7) releases and waives eny future claims agafnst Lender for indemnity or contribution in the event
<br />Trustor becomes lieble for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and
<br />hold hermless Lender ageinst any and all claims and losses resulting from a breach of this paragraph of the Deed of
<br />Trust. This obligetion to indemnify and defend shall survive the peyment of the Indebtedness and the satisfaction
<br />of this Deed of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immedietely due and payable all' aums
<br />secured by this Deed of Trust upon the sale or trensfer, without Lender's prior written consent, of all or eny 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 legel, beneficial or equitable; whether voluntery or involuntary;
<br />whether by outright sale, deed, instellment sale contract, land contract, contract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, asslgnment, or trensfer of eny beneficial interest in
<br />or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in tNe Real
<br />Property. However, thts option shall not be exercised by Lender if such exercise is prohibited by federel law or by
<br />Nebraska law.
<br />TAXES AND LIENS. The following provisions releting to the taxes and liens on the Property are part of this Deed of
<br />Trust:
<br />Peyment. Trustor shell pay when due (and in all events prior to delinquency) all taxes, speciel taxes, assessments,
<br />charges (including water and sewerl, fines end impositlons levied egainst or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or materiel furnished to the Property. Trustor
<br />shall maintain the Property free of all liens having priority over or equal to tNe interest of Lender under this Deed of
<br />Trust, except for the lien of taxes and assessments not due, except for the Existing l�debiedness referred to
<br />below, and except as otherwise provided in this Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property ere a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shall procure and meintain pol(cies of fire insurance with stenderd extended
<br />coverage endorsements on a fair value basis for the full insureble value covering all Improvements on the Real
<br />Property in an amount sufficient to avoid epplication of any coinsurance clause, and with a standard mortgagee
<br />clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require.
<br />Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender end issued by a
<br />company or companies reasonebly ecceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br />from time to time the polic(es or certificates of insurance in form setisfactory to Lender, including stipulations that
<br />covereges will not be cancelled or diminished without at least ten (10! days prior written notice to Lender. Each
<br />insurance policy also shall include en endorsement providing that coverage in favor of Lender will not be impaired
<br />in any way by any act, omission or defeult of Trustor or eny other person. Should the Real Property be loceted in
<br />an erea designated by the Director of the Federal Emergency Management Agency as e special flood hezard area,
<br />Trustor agrees to obtain and maintain Federal Flood Insurence, if available, for the maximum amount of Borrower's
<br />credit Iine and the full unpaid principal balence of any prior liens on the property securing the loen, up to the
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