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201211202
<br /> Beneficiary or Trustee may, at Beneficiary's option and without notice, either in person or by
<br /> agent, with or without bringing any action, or by a receiver to be appointed by a court: (a) enter,
<br /> take possession of, manage and operate the Subject Property or any part thereof; (b)make,
<br /> cancel, enforce or modify any Lease; (c) obtain and evict tenants, fix or modify Rents, and do
<br /> any acts which Beneficiary or Trustee deems proper to protect the security hereof; and (d) either
<br /> with or without taking possession of the Subject Property, in its own name, sue for or otherwise
<br /> collect and receive all Rents, including those past due and unpaid, and apply the same in
<br /> accordance with the provisions of this Deed of Trust. The entering and taking possession of the
<br /> Subject Property, the collection of Rents and the application thereof as aforesaid, shall not cure
<br /> or waive any Default, nor waive, modify or afFect any notice of default hereunder, nor invalidate
<br /> any act done pursuant to any such notice. The License shall not grant to Beneficiary or Trustee
<br /> the right to possession, except as provided in this Deed ofTrust.
<br /> ARTICLE IV. RIGHTS AND DUTIES OF THE PARTIES
<br /> 4.1 Title. Trustor warrants that, except as disclosed to Beneficiary prior to the date
<br /> hereof in a writing which refers to this warranty, Trustor lawfully possesses and holds fee simple
<br /> title to, or if permitted by Beneficiary in writing a leasehold interest in, the Subject Property
<br /> without limitation on the right to encumber, as herein provided, and that this Deed of Trust is a
<br /> valid lien on the Subject Property and all of Trustor's interest therein.
<br /> 4.2 Taxes and Assessments. Subjecc to the right, if any, of Trustor to contest payment
<br /> of the following pursuant to any other agreement between Trustor and Beneficiary, Trustor shall
<br /> pay prior to delinquency all taxes, assessments, levies and charges imposed: (a) by any public or
<br /> quasi-public authority or utility company which are or which may become a lien upon or cause a
<br /> loss in value of the Subject Property or any interest therein; or (b) by any public authority upon
<br /> Beneficiary by reason of its interest in any Secured Obligation or in the Subject Property, or by
<br /> reason of any payment made to Beneficiary pursuant to any Secured Obligation; provided
<br /> however,that Trustor shall have no obligation to pay any income taxes of Beneficiary. Promptly
<br /> upon request by Beneficiary, Trustor shall furnish to Beneficiary satisfactory evidence of the
<br /> payment of all of the foregoing. Beneficiary is hereby authorized to request and receive from the
<br /> responsible governmental and non-governmental personnel written statements with respect to the
<br /> accrual and payment of any of the foregoing.
<br /> 4.3 Performance of Secured Obligations. Trustor shall promptly pay and perform
<br /> each Secured Obligation when due.
<br /> 4.4 Liens, Encumbrances and Char¢es. Trustor shall immediately discharge any ]ien
<br /> on the Subject Property not approved by BeneFiciary in writing. Except as otherwise provided in
<br /> any Secured 061igation or other agreement with Beneficiary, Trustor shall pay when due all
<br /> obligations secured by or reducible to liens and encumbrances which shall now or hereafter
<br /> encumber the Subject Property, whether senior or subordinate hereto, including without
<br /> limitation, any mechanics' liens.
<br /> 4.5 Insurance. Trustor shall insure the Subject Property against loss or damage by
<br /> fire and such other risks as Beneficiary shall from time to time require. Trustor shal] carry public
<br /> liability insurance, flood insurance as required by applicable law and such other insurance as
<br /> Beneficiary may reasonably require, including without limitation, terrorism, business
<br /> interruption insurance or loss of rental value insurance. Trustor shall maintain aIl required
<br /> insurance at Trustor's expense, under policies issued by companies and in form and substance
<br /> satisfactory to Beneficiary. Neither Beneficiary nor Trustee, by reason of accepting, rejecting,
<br /> approving or obtaining insurance, shall incur any liability for: (a)the existence, nonexistence,
<br /> form or legal sufficiency thereof; (b) the solvency of any insurer; or (c) the payment of losses.
<br /> Deed of Trus[and Assignment oTRenGs and Leases Page 5
<br /> Deed of Trust-Capital One,N.A._Lyne Realry,LP(Crand Island,NE)
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