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2� 1 ��3� 12
<br /> DEED �]F TRUST
<br /> LQan No; 'I�'i 2�52�3 �Continued� Page �
<br /> interest in and to aff present and fu�ure leases af the Prop�rty and all Rents from the Property. In addi�i�n, Trustor
<br /> grants to Lender a Uniform �ommerciaf Code se�urity interest in the Personal Prvperty and Rents.
<br /> TH15 DEED �F TRUST, INCLUD�NG THE AS5IGNMENT ❑F RENTS AND THE SEGURITY INTEREST IN THE RENTS AND
<br /> PERS�NAL PR�PERTY, IS GiVEN TO SECURE {Ay PAYMENT DF THE lNDEBTEI]NESS AND �Bj PERFaRMANCE �F
<br /> EACH �F TRIJ�T�R'S AGREEMENTS AND �BLIGATI�NS IJNDER THIS DEED DF TRUST. THIS DEED DF TRUST IS
<br /> GIVEN AN❑ACCEPTED�N THE FQLLDW�NG TERMS:
<br /> PAYMENT AN❑ PERF�RMAN�E. Except as vtherwise pra�ided in this Deed of Trust, Trustar sha�! pay to Lender ali
<br /> amaunts secured by this Deed �f Trust as they beGome due, and shall strictly and in a time�y manner perfarm all ❑f
<br /> Trustar's obligativns under the Credit Agreement, this Deed vf Trust, and the Reiated Dacuments.
<br /> P�SSESSfQN AND MAINTENANCE aF THE PR�PERTY. Trustor agrees �hat Trustor's possession and use �f the
<br /> Property shall �e go�erned by the fallowing pro�isions:
<br /> Possessivn and Use. Until th� occurrence of an E�ent vf ❑efault, Trustor may {1� remain in possessian and
<br /> control of the Property; �2� use, operate ❑r manag�the Prop�rty; and {3� collect the Rents from the Property.
<br /> Quty #o Mainta�n. T�us�or shall maintain the Prvp�rty in gaad conditian and promptly perfvrm a#1 rep�irs,
<br /> repfacements, and maintenance necessary to preser�e i�s �alue.
<br /> Ha�ardous Substances. Trustor represents and warrants that the Property n��er has been, and ne�er will k�e sa
<br /> long as this Deed ❑f Trust r�mains a lien on the Property, used #or the generatian, manufacture, starage,
<br /> treatm�nt, dispasal, release ar threatened release ❑f any Hazardvus 5ubstance in �iolation of any En�ironmental
<br /> Laws. Trustor authorizes Lender and its ag�nts to enter upan the Property tt� make suGh insp�ctions and tests as
<br /> Lender may deem apprapriate tv determine compliance af the Property with this section of the Deed af Trust.
<br /> Trustor hereby �1 f releases and wai�es any future claims against Len�ler for indemnity or contribution in th� e�ent
<br /> Trustor becomes liable far cfeanup or other costs under any such laws, and ��} agrees t❑ indemnify, defend, and
<br /> hald harmless Lender against any and all claims and I�sses resulting from a �reach o�thi� parag�aph of the Deed �f
<br /> Trust. This �bligation t❑ indemnify and defend shall sur�i�e the payment �t the lndebtedness and the satisfaction
<br /> of this De�d ot Trust.
<br /> DUE�N SALE - CQNSENT BY LENDER. Lender may, at Lender's optian, declare immediateSy due and payabte aSl sums
<br /> secured by this Deed of Trus� upon the sale or transfer, withvut Lender's priflr written �onsent, o� all vr any part of the
<br /> Real Property, or any interest in the R�al Property. A "sale or transfer" means the cnn�eyance of R�al Praperty or any
<br /> right, title ❑r interest in the Real Praperty; whsther legal, beneficial ❑r equitahle; whether �aluntary or in�oluntary;
<br /> whether by outright sale, deed, instal�ment sa�� cantract, land �antract, cvntract far deed, leasehold interest with a
<br /> term greater than three �3� years, lease-optian �antract, �r by sale, assignment, ❑r transfer ❑f any benef�cial interest in
<br /> vr to any land trust hofdin� title t� the Real Property, or by any other method af con�eyan�e �f an interest in �he F�eal
<br /> Prap�rty. Hvwe�er, this ❑pti�n shall not be exer��sed by Lender if such exercise is prah�bited �y federal law ar by
<br /> Nebraska �aw.
<br /> TA�CES AND LIENS. Th� follawfng provisians relating to the taxes and liens ❑n the Pr�pe�ty are part �f this �eed of
<br /> Trust:
<br /> Payment. Trustor shall pay wh�n due �and in all e�ents prior t❑ delinquency� all taxes, spe�ial taxes, assessments,
<br /> charg�s �including rrvater and sewer}, fines and impositians �e�ied against or an a�Caunt of the Property, and shalf
<br /> pay when due a�l claims fvr work dane an or far ser�ices render�d or material furnished tv the Property. Trustor
<br /> shall maintain the Praper#y#ree ❑f all liens ha�ing priority o�er or equal t❑the interest af Lender under this Deed af
<br /> Trust, except f�r the lien of taxes and assessm�nts not due, exGept far the Existing Indebtedness re�erred t�
<br /> bel�w, and except as otherwise pro�ided in this ❑eed af Trust.
<br /> PR�PERTY DAIVIAGE IN5IJRANCE. The fio�lawing pra�isions relating to insuring the Property are a part ❑f this []eed of
<br /> Trust.
<br /> Main#enance of �nsurance. Trustar shall pracure and ma�ntain p�lic+es ❑f fi�e insuran�e with standard �xtended
<br /> ca�erag� endorsements on a fair �alue basis #ar the �ull �n�urabf� �alue co�ering a!I �mpra�ements an the Real
<br /> Property in an amount sufficient tv a��id applicativn of any coinsu�ance clause, and with a standard martgagee
<br /> clause in fa��r af Lender, together w�th such ❑ther hazard and liability insurance as Lender may reasvnahly require.
<br /> Pfliicies shall be wrEtten in form, amvunts, c��erages and basis rea�anably acceptabfe ta Lender and �ssued by a
<br /> �ompany or campani�s reasvnably acceptable to Lender. Trustar, upan request af Lender, will deli�er to Lender
<br /> fram time t� time the palici�s vr certificates af insurance in torm satisfactvey t❑ Lender, including stipulations that
<br /> co�erages will not he cancell�d or dimin�shed with�ut at least ten �1�} days priar written natiGe ta Lender. Each
<br /> insuranGe p�licy also shal! include an endvrsement pra�iding that cv�era�e in fa�or vf Lender wili not be impaired
<br /> in any way hy any act, omission or defau�t of Trusta� or any vther person. 5hould the Real PraperCy be Iocated in
<br /> an area designated by the Administrator of �he Federal Emergency Management Agency as a spe�ial tlavd hazard
<br /> area, Trus#or agrees tv vbtain and main�ain Federal Flvad Insurance, if a�ailable, fof the max�mum amount of
<br /> Trustor's credit line and the full unpaid principal balance of any priar ftens vn the praper�ty se�uring the Ioan, up to
<br /> the maximum poii�y limits set under the National Flood Insurance Program, or as ath�rwise required by Lender, and
<br /> t� maintain such insurance fvr th�term o�the Ivan.
<br /> LENOER'S EXPENDITURES. If Trustor faifs �Ay to keep the Praperty free of all taxes, liens, security interests,
<br /> encumbran�es, and other claims, �B� to pro�ide any required insurance on the Property, {Cf to make repairs ta the
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