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2� 1 ��2155 <br /> DEE� �F TRUST <br /> Laan No: 1��294731 �Corlt�rlued� Page 2 <br /> grants t❑ Lender a Uniform Commercial Cade se�urity interest in the Persanal Prvperty and Rents. <br /> TH15 DEED �F TRUST, INCLUDING THE AS�IGNIVIENT OF RENTS AND THE SECURITY 1NTEREST IN THE RENTS AN❑ <br /> PERSQNAL PR�PERTY, �5 GIVEN T� SE�URE �A� PAYMENT �F THE INDEBTEaNESS AND �6} PERF�]RMANCE nF <br /> EACH �F TRUSTUR'S AGREEMENTS AND �BLIGATI�NS UNDER TH1S DEED �F TRUST. THlS DEED QF TRUST 1S <br /> GIVEN AND ACCEPTED �N THE F�LLQINING TERMS: <br /> PAYMENT AND PERF�RMANCE. Except as otherwise provided in this ❑eed ❑f Trust, Trustv� shall pay to Lender all <br /> amounts secured by this Deed ❑f Trust as th�y become due, and shall s�rict�y and in a timely manner perfarm all �€ <br /> Trustor's obfigati�ns under the Cr�dit Agreement, this Deed of Trust, and the Related Documents. <br /> P�55ESSt�N AND MAINTENANCE �F THE PR�PERTY. Trustar agrees that Trustar's possessivn and use of th� <br /> Property shall �e go�ern�d by the fvllawing pro�isions: <br /> Possession and Use. Until the occurrence af an E��nt of ❑efau�t, Trustor may �1� �emain in passession and <br /> �ontrol �f the Property; ��y use, c�perate or manage the Property; and �3} collect the Rents from the Praperty. <br /> Duty ta Main#ain. Trustar shall maintain th� Prape�ty in gaod condition and prQmptiy perfarm all repairs, <br /> repla�ements, and maintenance necessary to preser�� its�a�ue. <br /> Hazardous Substances. Trustar repr�s�nts and warrants �hat �he Property ne�er has been, and ne�er will be so <br /> lang as �his �eed af Trus� remains a lien an th� Property, used f�r the generatian, manufacture, starage, <br /> treatment, disposai, release �r threatened releas� of any Hazardous Substance in �iolati�n of any En�ironmental <br /> Laws. Trustor authorizes Lender and its agents to enter upon the Property to make su�h inspections and tests as <br /> Lender may deem appropriate ta determin� �amplianc� ❑f the Property w3th this sectian ❑f the Deed ❑f Trust. <br /> Trustor hereby {1� releases and wai�es any future claims against Lend�r for indemnity ar contribution in the e�ent <br /> Trust�r becomes lia�le fnr cleanup ar ather cos#s under any such �aws, and �2} agre�s to indemni�y, defend, and <br /> hold harmless Lender against any and alf claims and lasses resulting frvm a �reach ❑f this paragraph of the ❑eed ❑f <br /> Trust. This obligation to indemnify and d�f�nd shall sur�i�e the payment at the lnd�btedness and th� satisfac�ion <br /> a�this Deed❑�Trust. <br /> DUE �N SALE- C�NSENT BY LENDER. Lender may, at Lender's aption, declare immediately due and payable all sums <br /> secur�d by this Deed of Trust upan the sale ❑r trans��r, without Lend�r's prior wr�tten �onsent, ❑f af! or any part v�the <br /> fteal Praperty, or any inter�st in the Reaf Praperty. A "sale ar transfer" means the cvn�eyance �f Real Property or any <br /> right, title ❑r interest in the Rea! Prvperty; whether legal, benefi�iai or equitable; whether �oluntary ar in�oluntary; <br /> wheth�r by outright sal�, deed, installment sale cantra�t, land contract, cvntra�t for deed, leasehald interest with a <br /> term greater than three f3} years, lease-option �ontract, ar by sale, assignment, or transfer ofi any benefi�ial interes� in <br /> or to any land trust hnlding title to the Real Praperty, �r by any other method ❑f con�eyanc� of an interest in the Real <br /> Prope�ty. Hvwe�er, this o�tion shall n�t be exercis�d by Lender if such exercise is �rvhibited by federa� law vr by <br /> Nebraska law. <br /> TAxES AND LIENS. The fo�lowing pro�isions reiating tv the taxes and liens an �he Property are part of this Deed ❑f <br /> Trust: <br /> Payment. Trus�or shall pay when due �and in a!� e�ents prior t❑ delinquency} all taxes, special tax�s, assessm�nts, <br /> charges �including water and sewer�, fines and impositivns le�ied against or an account ❑f the Prvperty, and shall <br /> pay when due a�! claims #ar wnrk done on or �or ser�iGes rendered or material furnished tv the Praperty. T�ustor <br /> shafl maintain the Property fr�e of a!I liens ha�ing priority o�er❑r equal tfl the interest vf Lender under this Deed ❑f <br /> Trust, except far the lien ❑f taxes and assessments nat due, except far the Existing Indebtedness re�err�d tv <br /> below, and except as otherwise pro�ided in this Deed �f Trust. <br /> PRQPERTY DAMAGE INSURANCE. The following prv�isions relating to insuring the Praperty are a part vf this Deed af <br /> Trust. <br /> IVlaintenance vf Insurance. Trustar shall proCure and maintain policies af fire insurance with standard extended <br /> co�erage endorsements fln a fair �alue basis for the full insurable �alue co�ering al� Impro�ements ❑n the Real <br /> Prvperty in an amount suff�cient t❑ a�oid appficatinn vf any coinsurance clause, and with a standard martgagee <br /> clause in fa�or❑f Lender, tageth�r with such other hazard and fiahility insuranc� as L�nder may reasonably require. <br /> Policiss shall �e written in form, amounts, cv�erages and basis reasonably acceptable ta Lender and issued by a <br /> cvmpany or �ampanies reasonabfy aGceptable to Lender. Trustor, upon request ❑f Lender, will deli�er to Lender <br /> from time to time the p���cies ❑r �ertificates of insurance in fo�m satis�actory t❑ Lender, inc�uding stipulations that <br /> �v�erages will nvt b� canceEied or diminished without at least ten �1�� days priar written natice tv Lender. Each <br /> insuran�e pa��cy a�so shall incfude an endorsement pra�iding that Cv��rage in fa�or ❑f Lender wiil nat he impair�d <br /> in any way by any act, ❑mission �r defau��of Trustar or any other person, 5hould the Real Property be located in <br /> an area designated by �he Administratar of the Federal Emergen�y Management Agency as a speCial flood hazard <br /> area, Trustflr agrees t❑ abtain and maintain Federal Flood Insurance, if a�ailahle, for the maximum amount of <br /> Trustvr's credit line and th� full unpaid principal bafance vf any pr�or liens on the property securing the Ioan, up to <br /> the maximum poficy limits set under the National F�oad lnsurance Program, or as vtherwise required hy Lender, and <br /> t❑ maintain such insurance for the term �f the loan. <br /> LENDER'S EXPENDITURES. ff Trustvr fails tA� to keep the Property free ❑f all taxes, �iens, security interests, <br /> encumbrances, and vth�r claims, �B} t❑ pra�ide any required insurance on thQ Property, �C� ta make repairs t� th� <br /> Prvperty ar t❑ comply with any ❑bligativn to maintain Existing Indebtedness in govd standing as required below, then <br />