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1.4 "Loan Documents" means together and individually the Note, the Deed of Trust and any promissory note,
<br />loan agreement, security or pledge agreement, assignment, financing statement, lease, mortgage, deed of trust or
<br />other pledge of an interest in real or personal property, any guaranty, subordination, letter of credit and letter of
<br />credit reimbursement agreement, banker's acceptance, and any other agreement, document or instrument previously,
<br />concurrently or hereafter executed or delivered by any party to or in favor of Beneficiary evidencing, creating,
<br />securing, guarantying or otherwise related to any of the Obligations or the Mortgaged Property, whether or not
<br />specifically enumerated herein.
<br />1.5 Homestead. The Premises are not the homestead of Trustor. If so, Trustor releases and waives all rights
<br />under and by virtue of the homestead exemption laws of the State of Nebraska.
<br />ARTICLE II. WARRANTIES AND COVENANTS
<br />201405960
<br />In addition to all other warranties and covenants of Trustor under the Loan Documents which are expressly
<br />incorporated herein as part of the Deed of Trust, including the covenants to pay and perform all Obligations, and
<br />while any part of the credit granted Trustor under the Loan Documents is available or any Obligations of Trustor to
<br />Beneficiary are unpaid or outstanding, Trustor continuously warrants to Beneficiary and Trustee and agrees as
<br />follows:
<br />2.1 Warranty of Title/Possession. Trustor has sole and exclusive title to and possession of the Premises,
<br />excepting only the following "Permitted Encumbrances ": restrictions and utility easements of record, and zoning
<br />ordinances (the terms of which are and will be complied with, and in the case of easements, are and will be kept free
<br />of encroachments), taxes and assessments not yet due and payable and those Permitted Encumbrances set forth on
<br />Exhibit B attached hereto (except that if no Exhibit B is attached, there will be no additional Permitted
<br />Encumbrances). The lien of the Deed of Trust, subject only to Permitted Encumbrances, is and will continue to be a
<br />valid first and only lien upon all of the Mortgaged Property.
<br />2.2 Maintenance; Waste; Alteration. Trustor will maintain the Premises in good and tenantable condition and
<br />will restore or replace damaged or destroyed Improvements with items of at least equal utility and value. Trustor
<br />will not commit or permit waste to be committed on the Premises. Trustor will not remove, demolish or materially
<br />alter any part of the Premises without Beneficiary's prior written consent, except Trustor may remove a fixture,
<br />provided the fixture is promptly replaced with another fixture of at least equal utility. The replacement fixture will
<br />be subject to the priority lien and security interest of the Deed of Trust.
<br />2.3 Transfer and Liens. Trustor will not, without the prior written consent of Beneficiary, which may be withheld
<br />in Beneficiary's sole and absolute discretion, either voluntarily or involuntarily (a) sell, assign, lease or transfer, or
<br />permit to be sold, assigned, leased or transferred, any part of the Premises, or any interest therein; or (b) pledge or
<br />otherwise encumber, create or permit to exist any mortgage, deed of trust, pledge, lien or claim for lien or
<br />encumbrance upon any part of the Premises or interest therein, except for the Permitted Encumbrances. Beneficiary
<br />has not consented and will not consent to any contract or to any work or to the furnishing of any materials which
<br />might be deemed to create a lien or liens superior to the lien of the Deed of Trust.
<br />2.4 Escrow. After written request from Beneficiary, Trustor shall pay to Beneficiary funds in such amounts and at
<br />such times as Beneficiary designates to pay when due (a) annual real estate taxes and assessments on the Premises;
<br />(b) all property or hazard insurance premiums on the Premises; and (c) flood insurance premiums, if any, on the
<br />Premises. Such payments shall be in addition to any other amounts which may be payable hereunder or under any
<br />other Loan Document, and the amount of such payments shall be based upon Beneficiary's estimate, in Beneficiary's
<br />sole discretion, of such charges. Upon demand by Beneficiary, Trustor shall pay to Beneficiary such additional sums
<br />as may be required by Beneficiary to make up any deficiency in the amount necessary to enable Beneficiary to fully
<br />pay when due the actual amount of any of such charges. Interest will not be paid by Beneficiary on any escrowed
<br />funds. Escrowed funds may be commingled with other funds of Beneficiary. All escrowed funds are hereby
<br />pledged as additional security for the Obligations.
<br />2.5 Taxes, Assessments and Charges. To the extent not paid to Beneficiary under Section 2.4 above, Trustor
<br />will pay before they become delinquent all taxes, assessments, fines and other charges now or hereafter levied or
<br />assessed against the Premises, against Beneficiary based upon the Deed of Trust or the Obligations secured by the
<br />Deed of Trust, or upon Beneficiary's interest in the Premises, and will deliver to Beneficiary receipts showing timely
<br />payment.
<br />2.6 Insurance. Trustor will continually insure the Premises, with insurers acceptable to Beneficiary, against such
<br />perils or hazards as Beneficiary may require, in amounts not less than the unpaid balance of the Obligations or the
<br />full replacement value of the Improvements, whichever is less, with acceptable co- insurance provisions. The
<br />policies will contain an agreement by each insurer that the policy will not be terminated or modified without at least
<br />04-004 0 us bancorp 2013 (rev. 1.1 - 05/2014)
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