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<br />02-08-M OF TRUST Page 2
<br />Loan N4,25177 Q Q (Continued)
<br />proceedsw'and'refunds of premiums) from any sale or other disposition of the Property.
<br />Prop". The Word "Property" means collectively the Real Property and the Personal Property.
<br />Realfroperty. The;words "Real Property" mean the property, Interests and rights described above in the "Conveyance and Grant" section.
<br />Relined- Docuilnente,' The words "Related Documents" mean and Include without limitation all promissory notes, credit agreements, loan
<br />agreements, efly�ontnental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and
<br />dccunaenis, whiethernow or hereafter e�dsting, executed in connection with the Indebtedness.
<br />en�tsThe word "Rennie" means art eraser# and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
<br />Trotted. The word "Trustee " means EXCHANGE BANK and any substitute or successor trustees.
<br />Trustor. The word " Trustor" means any and ati persons and entities executing this Deed of Trust, including without limitation all Trustors named
<br />above:
<br />THIS DEE1y Q. TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY,1S t31VEW*6 SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
<br />TRUSTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br />ON THE t=OLLOWING TERMS:
<br />PAYMENTAND PERPORtiIIMCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed
<br />of Trust, as• #hey. become due, and shall strictly and in a timely manner perform all of Trustoes obligations under the Note, this Deed of Trust, and the
<br />Related Documents.
<br />POSSESSION AND'MAtNiENANCE OF THE PROPERTY. Trustor agrees that Trustoes possession and use of the Property shall be governed by
<br />the following provision's:'
<br />Peion'end Use, .Until the occurrence of an Event of Default, Trustor may (a) remain in possession and control of the Property, (b) use,
<br />operateor•managethe Property, and (c) collect any Rents from the Property.
<br />Duty eta- Makttaln. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance
<br />ne6essary4o preserve Its value. -
<br />Hazardous Substenoss: The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this
<br />Deed .of Truss; shall. have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Uability,Act of
<br />1980, as-amended, 42 U.S.C. Section 9601, et seq. ("CERCL.A"), the'Superfund Amendments and Reauthorization Act of 1966, Pub. L. No.
<br />99 95 ("'SARA"), 1114,Hazardous us Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act,
<br />42 US:.C: Section 6901, at seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The
<br />term§ "'h)azardidua waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by- products or any fraction
<br />th of`and asb'e'stos: `Trusfor'represents and warrants to Lender that: (a) During the period of Trustoes ownership of the Property, there has
<br />been fo erase, generation, manufacture , storage, treatment, disposal, release or threatened release of,any hazardous waste or substance by any
<br />person on, under, about or from the Property; (b) Trustor has no knowledge of, or reason to believe that there has been, except as previously
<br />disclosed to and,acknowledged by Lender in writing, p) any use, generation, manufacture, storage, treatment, disposal, release, or threatened
<br />release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (11) any
<br />actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and
<br />acl#nowledRpd by Lender in writing, (1) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use,
<br />gdnomte, mpnufacture,'store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Property and (11) any
<br />such 'Activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without
<br />fimitat (orr'thosa:laVNS,•regulations, and ordinances described above. Trustor authorizes Lender and its agents to enter upon the Property to
<br />make such inspections and tests, at Trustoes expense, as Lender may doom appropriate to determine compliance of the Property with this
<br />section. of the Head of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create
<br />any responsibility, or lobility on the part of Lender to Trustor or to any other person. The representations and warranties contained hereln are
<br />based on Trustoes due allgence in investigating the Property for hazardous waste and hazardous substances. Trustor hereby (a) releases and
<br />waives any future claims against Lender for indemnity or contribution In the event Trustor becomes liable for cleanup or other costs under any
<br />such laws, and '(b) agrees to indemnity and field harmless Lender against any and all claims, losses, liabilities, damages, penalties, and
<br />expenses, which Lender, may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
<br />consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the
<br />ptopa rOw , The -provisions of this section of the Dead of Trust, including the obligation to Indemnity, shall survive the payment of the
<br />Indebtedness and the satisfaction and reoonveyanoe of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any
<br />Interest In the Property, whether by foreclosure or otherwise.
<br />Nulsance, ,Weste. ThWor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
<br />Pr .perty.or pnt( podion'of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party the
<br />right to removoi. any timber, minerals (including oD and gas), sell, gravel or rock products without the prior written consent of Lender.
<br />Removal of ImKovements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior written consent
<br />of Lender Asa condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />replace sluot) lmpvements with improvements of at least equal value.
<br />Lerrder'f R1gfit to Enw. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to
<br />Lendeet Interests and to inspect the Property for purposes of Trustoes compliance with the terms and conditions of this Deed of Trust.
<br />Iii 0 '09vernmentd Repulrements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
<br />effect. ;o) all igovornmental authorities applicable to the use or occupancy of the Property. Trustor may contest In good faith any such law,
<br />orc inane, .or'rppuI0on and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notified Lender
<br />in writing prior to doing so and so long as, in Lender's sole opinion, Lander's interests in the Property are not jeopardized. Lender may require
<br />Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty'tp:Protect: Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts, in addition to those acts
<br />'set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
<br />DUE ON SALE � CONSENT BY LENDER. Lender may, at Its option, declare immediately due and payable all sums secured by this Deed of Trust
<br />upon the sale or transfer, without the Lender's prior written consent, of aft or any part of the Real Property, or any interest in the Real Property. A
<br />"sale or, transfer" means the conveyance of Real Property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary
<br />or involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold interest with a term greater than
<br />three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding tide to the Real
<br />Property, or by any other method of conveyance of Real Property Interest. If any Trustor Is a corporation, partnership or limited liability company,
<br />transfer also Includes any change in ownership of more than twenty -five percent (26%) of the voting stock, partnership Interests or limited liability
<br />company interests, as the case may be, of Trustor. However, this option shall not be exercised by Lender If such exercise Is prohibited by federal
<br />law or by Nebraska law:
<br />TAXES AND `LiENS.- The following provisions relating to the taxes and hens on the Property are a part of this Deed of Trust.
<br />a
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water
<br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for
<br />services', rendered or'materW furnished to the Property. Trustor shall maintain the Property free of all hens having priority over or equal to the
<br />Interest of Lender under'this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed
<br />of Tru:;11:
<br />Contest.
<br />�antt contest; T#ustl
<br />' shatti'tii(YSI`'t:%ihifMi`
<br />may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation
<br />Interest in the Property Is not jeopardized. If a lien arises or Is filed as a result of nonpayment, Trustor shall within
<br />m arises or, If a Ilan Is tiled, within fifteen (16) days after Trustor has notice of the filing, secure the discharge of the
<br />t`der,'deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander In an
<br />rge the Den plus any chats or other charges that could accrue as a'result of a foreclosure or sate under the Den. In
<br />labW' t W and L wwW and shaft satisfy any adverse j leant before enf Bement against the Property. Trustor
<br />C osnnaNr eyar►'bieFwid.ln ifw€ prpceed[.'
<br />uetar t:t upc t ilMi. Mt x ;Pay � or ;aaiaaments and sW
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