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Loan No: 101264935
<br />DEED OF TRUST 201304093
<br />(Continued) Page 2'
<br />D
<br />thence N34 °57'26 "E a distance of 131.23 feet; thence N01°30'03" E a distance of
<br />435.82 feet to a point on the North line of said Government Lot 4, Mainland, located in
<br />- Section : 23; ; thence N89 °58' E ;: on the North Line of Government Lot 4, Maiinland,
<br />located ins Section 23, a distance of 490.00 feet to the place of beginning, ?of which =0.60
<br />acres, more or Tess, are presently being "usedior 'roa'd purposes On the "east ' side.'
<br />The-Real Property or its address is commonly known as Wood River, NE 68883:
<br />CRO COLLATERALIZATION. In addition to the Note, this Deed Of Trust secures all obligations, debts and liabilities,
<br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor
<br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of
<br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined,
<br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others,
<br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts
<br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts
<br />may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust
<br />secures, in addition t °'the , amounts specified in the Note, all future 'amounts {lender- in its discfetion..mey loan. to
<br />Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<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 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 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 cot the '
<br />Property shat) be.governed by the "\following provisions
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession Mid*
<br />, control of the Property; .(2) use, operate or,manage the Property; and (3) collect,theRents from the Property.,
<br />Duty to Maintain. Trustor shall" maintain the .Property-' in-tenantable condition and promptly, perform all 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 has been no use, generation, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substance 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 Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or 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; contractor, agent or other
<br />authorized user of the Property shall .use, generate, manufacture, store -treat dispdse= ot-ot•retease'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 tests, 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 part of Lender to Trustor or
<br />to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances: ''Trustor' hereby (1 Y 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 />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, - $toregei
<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 "indemntfy and defend, 'shall survive tie payment of t)e'lndebtedness and the satisfaction
<br />and "recdnveyance of the lien of this Deed of Trust and shall not be by Lender's acquisition o f ai y ihterest
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