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2� 1 ��313� <br /> ��Ev �F TRusT <br /> Loan No: 1�'f�35247 ���ntiriued� Page � <br /> grants tv Lender a Uniform Cvmmerc�al Cnde se�urity interest�n the Personal Property and Rents. <br /> THIS DEED DF TRUST, INCLUDING THE ASSIGNMENT �F RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSnNAL PR�PERTY, iS �IVEN T� SECURE tA� PAYMENT �F THE iNDEBTEDNESS AND �B] PERFDR[IIIANCE �F <br /> EACH �F TRUSTaR'S AGREEMENTS AND QBLIGATI�NS UNDER THIS DEED �F TRLJST. THIS DEEQ ❑F TRUST IS <br /> GIVEN AND ACCEPTED QN THE F�LL�WING TERMS: <br /> PAYMENT AND PERF�RMANCE. Ex�ept as otherwise pro�ided in this Deed o�F Trust, Trustor shall pay to Lender all <br /> amvunts secured by this Deed of Trust as they k�ecame due, and shall strictly and in a timely manner per�orm alf of <br /> Trustor's vbligations under the Credit Agreement, this De�d �t Trust, and the Related Documents. <br /> PDSSESSIQN AND MAINTENANCE QF THE PRDPERTY. Trus�or agr�es that Trustor's pa5SES5iUn and use ❑f the <br /> Praperty shall be g��erned by the follt�wing pro�isions: <br /> Passession and Use. Unt�� the occurrence ot an E�ent of De�fault, Trustar may t 1 y remain in passession and <br /> control af the Prvp�rty; t2� use, opera'�e or manage the Praperty; and �3� collect th� Rents fram the Property. <br /> []uty tv Maintain. Trus�tar shall maintain the Property in govd cvndition and prvmpt�y perfvrm all repairs, <br /> replacements, and maintenance n�cessary to preser�e its �alue. <br /> Hazardaus Substances. Trustor represents and warrants that the Praperty ne�er has been, and ne�er will b� sn <br /> fong as this Deed af Trust remains a iien on the Property, used for the generatian, manufactur�, storage, <br /> treatment, disposal, �elease ❑r threatened r�lease of any Hazardaus Substan�e in �iolation of any En�ironmental <br /> Laws. Trustvr authvrizes Lender and its agents to enter upon the Property ta make such inspect+ons and tests as <br /> Lender may d��m appropriate t� determine campliance of the Prop�rty with this s�c�ion of the Deed of Trust. <br /> Trustor heret�y {1} releases and waives any future �laims against Lender fvr indemntty ❑r cvntributiQn in the e�ent <br /> Trustar becomes liable fvr cleanup ❑r ather costs under any such laws, and ��f agrees ta indemni�y, defend, and <br /> hald harmless Lender against any and all claims and lasses resulting from a hreach of this paragraph❑f the Deed of <br /> Trust. This ❑bligati�n to indemnify and defend shaE� sur�i�e �he payment af the Indebtedness and the satisfa�tian <br /> af this Deed of Trust. <br /> DUE UN SALE - CDNSENT BY LEN�ER. Lender may, at L�nder's optian, declare immediately due and paya�le all sums <br /> secured by this Deed of Trust upon the sale vr transfer, withaut Lender's prior written cansent, of a�l or any part❑f the <br /> Real Prape�ty, or any ir�terest in the Real Psvperty. A "sa�e vr t�ansfer" means the Con�eyan�� of �eat Property or any <br /> t�ight, title or interest in the Real Property; whether legal, henefi�iai ar equitabRe; whether �vluntary or in�oluntary; <br /> whether by outright sale, deed, installment sale cvntra�t, land cvntract, contract �vr deed, leasehold int�rest with a <br /> t�rm greater than three �3� years, I�ase-�ption contract, vr by sale, assignment, or transfer ❑f any heneficial int�rest in <br /> or to any land trust holding tit�e to the Real Property, �r hy any ❑th�r method ❑f can�eyan�� of an interest in the Real <br /> Prvperty. Hawe�er, this optian shall not be exercised by Lender if such exercfse is prohibit�d by federal !aw ar by <br /> Nebraska law. <br /> TA�CES AND LiENS. The fallowing pra�isions relating ta the #axes and liens an the Praperty are part �f this Deed of <br /> Trust: <br /> Paymen#, Trustvr shall pay when due �and in ai! e�ents prior t❑ delinquency� all taxes, speciaE taxes, assessments, <br /> charges �including water and sewer�, fines and impasitians I��ied against or on account vf the Praperty, and shall <br /> pay rrvhen due all claims �ar work don� an or fvr s�r�ices rendered or material furnished to the PrQperty. Trustar <br /> shall maintain th� Property free af all liens ha�ing priority ❑�er vr equa! ta the interest af Lender under this Deed of <br /> Trust, except f�r the lien of taxes and assessm�nts nflt due, except for the Existing Indebtedness referred ta <br /> heiaw, and ex�ept as atherwise pra�ided in this ❑eed ❑f Trust. <br /> PR�PERTY DAMAGE 1N5URANCE. The following pro�isions relating tn insuring the Property are a part af this D�ed af <br /> Trust. <br /> Maintenance of Insurance. Trustor shall procure and maintain palicies af fire insurance with standard extended <br /> co�erage �ndorsements on a fair �alue basis far the full insurable �afue cv�ering all Impro�ements on the Real <br /> Prap�rty in an amount sufficient to a�aid application af any cainsurance clause, and with a standard martgagee <br /> clause in fa�ar❑f Lender, together with such ather hazard and liability insurance as Lender may reasvnably require. <br /> Pvlicies shall b� written in ��rm, am�unts, c��e�ages and basss reasonably acceptab�e ta Lendes and issu�d by a <br /> company or companies rsasonably ac�ep�able to Lender. Trustor, upvn request ❑f Lender, wilf deli�er tv Lender <br /> from time t❑ time the palici�s or certificates vf insurance in fvrm satisfactary ta Lender, including stipulatians that <br /> co�erages will not be cancelled or diminished without at least ten �1�f days prior written notice t❑ Lender. Each <br /> insurance p��i�y als❑ shall in�lude an endorsement praWidFng that ���erage in fa�or of Lender will nat be Empaired <br /> in any way by any act, omissit�n or defau�t af Trustor or any other person, Should the Real Property �e Ifl�ated in <br /> an area designa�ed by the Administrator of the Federa� Emergency Management Agency as a special flood hazard <br /> area, Trustar agrees tv obtain and maintain Fed�ra! Flaad Insurance, if a�a�lable, far the maximum amaunt ❑f <br /> Trustor's credit line and the full unpaid principai balance of any privr liens ❑n the property secu�ing the loan, up tv <br /> the maximum policy iimits set und�r the Natianal Flaad lnsurance Pragram, or as atherwise required by Lender, and <br /> ta maintain such insurance for the term af the Ioan. <br /> LENDER'S E)CPENDITURES. Ifi Trustor fails �A� to keep the Pr�perty free ❑f all taxes, liens, security interests, <br /> encumbrances, and ather ciaims, �By to pra�ide any r�quired insurance an the Praperty, �C� to make �epairs to the <br /> Property ❑r to comp�y ►rvith any ❑b�+gativn ta maintain Existing Indebtedness in go�d standing as required belaw, then <br />