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2� 1 ��4234
<br /> aEEa oF TRusT
<br /> Loan No: �D'I 29��D'l �Continued� Page �
<br /> sn'terest in and to all present and future #eas�s af the Praperty and a�l Rents from the Prflpe�ty. In addition, Trustor
<br /> grants to Lender a Unifvrm Cammercial Code se�urity interest in the Personal Property and Rents.
<br /> TH15 DEED �F TRUST, iNCLIJDING THE ASSIGNNIENT qF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> PERS�NAL PR�PERTY. 15 �IVEN T❑ SECURE {A} PAYMENT �F THE 1NDEBTEDNE55 AND �8� PERFQRMANCE OF
<br /> EACH �F TRUSTqR'S A�REEIVIENTS AND �BLI�ATI�NS UNDER TH15 DEED DF TRUST. TH15 DEED �F TRUST 15
<br /> GIVEN AND ACCEPTED ON THE F�LL�VIlING TERiVIS:
<br /> PAYMENT AN❑ PERF�RMANCE. Except as otherwise pra�ided in th�s Deed ❑f Trust, Trustor shall pay to Lender all
<br /> amounts s�cured by this ❑eed of Trust as they be�ome due, and shall stri�t�y and in a timely manner perform a�� a�
<br /> Trustor's�bligations under the Credit Agreement, this Deed❑f Trust, and the Related Dacumen�s.
<br /> P�5SE551DN AND MAlNTENANCE �F THE PRDPERTY. Trustor agrees that Trus�or's possession and use flf the
<br /> Property shall be go�erned by the�ollawing pro�isivns:
<br /> Possessivn and Use. Un�til the occurrence vf an Event of Default, Trustor may �1} remain in possession and
<br /> ��ntrol of the Praperty; {�� use, aper�te ar manage th� Property; and �3� callect the Rents trom the Property,
<br /> �uty ta Maintain. Trustar shall maintain the Praperty in gvod conditivn and promptly p�rform all repair$,
<br /> repjacem�nts, and maintenance necessary t❑ preser�e its�alue.
<br /> Hazardaus Suhstances. Trustor represents and warrants that th� Praperty ne�er has been, and ne�er will be so
<br /> long as this Deed of Trust r�mains a lien on the Property, used for the gen�ration, manufactur�, storage,
<br /> trea�ment, disposal, release or threatened r�lease of any Hazardous Suhstance in �iolatian �f any En�ir�nmental
<br /> Laws. Trustor authorfzes Lender and its agen�s tv �nter upon the Property t❑ make such inspections and tests as
<br /> Lender may deem apprapriate ta de�ermine compliance ❑f the Property vuith this section ❑f the ❑eed af Trust.
<br /> Trustor hereby �1 y releases and wai�es any future claims against L�nder far indemnity or contribution in the e�ent
<br /> Trustar becomes liable far c�eanup or other casts under any such laws, and ��� agre�s to ind�mnify, def�nd, and
<br /> h�ld harmfess Lender against any and all claims and losses resulting from a b�each�f this paragraph ❑�the ❑eed a�
<br /> Trust. This ❑blsgation t❑ indemnify and defend shall sur�i�e the payment ❑f the Indebtedness and the satisfaction
<br /> o�this Deed o�Trust.
<br /> DUE �N SALE - CDNSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured by this Deed of Trust upon the sa�e ar transfer, with�ut Lender's prior written cvnsent, ❑f all ar any part at th�
<br /> Real Prape�ty, ar any interest 'tn the Real Praperty, A "sale �r transfer" means the con�eyanc� ❑f Rea! Prvperty or any
<br /> right, title ❑r interest in the Real Property; whether legal, beneficial ❑r equitable; whether �oluntary ❑r in�oluntary;
<br /> wh�ther by flutright sale, deed, installment sale contract, land contract, cantract for d�ed, �easehold interest with a
<br /> term greater than three �3} years, lease-option cantra�t, or by sale, assignment, ❑r transfer ❑f any beneficial interest in
<br /> ❑r to any land trust hvlding title t❑ the Real Property, or hy any other method n� con�eyance �f an interes� in the Rea!
<br /> Praperty. Hvwe�er, this option shall not be exercised by Lender if such exercis� is prohibited by federal law ar by
<br /> Nebraska law.
<br /> TAxES AN❑ LlENS. The following pro�isions relating ta the ta�ces and liens �n the Property are part af this ❑eed af
<br /> Trust:
<br /> Payment. Trustor shall pay when due {and in a�� e�ents prior to de�inquencyy all taxes, specia�taxes, assessments,
<br /> charges �inciuding water and sewer�, fines and impositsons le�ied against or an accaunt of the Property, and shall
<br /> pay when due all claims for work done vn or for ser�ices rendered or mat�rial furnished to the Property. Trustor
<br /> shall maintain the Property free nf all liens having priority ❑�er vr equal ta the interest ❑f Lende� under this Deed of
<br /> Trust, except tor the lien of taxes and assessments not due, except far the Exis�ing In�iebiedness referred ta
<br /> I�el�w, and exc�pt as atherwise pra�ided in this ❑eed of Trust.
<br /> PRQPERTY DAMAGE INSURANCE. The fvll�wing pro�isions relating tv �nsuring the Property are a pa�t of this Deed ❑f
<br /> Trust.
<br /> Maintenan�e ❑f Insurance. Trustor shall �r�cure and maintain polictes vf fire insuranc� with standard extended
<br /> ca�erage endorsements ❑n a fair �alue basis f�r �he full insurab�e �alue co�ering aI! Impro�ements �n the Real
<br /> Property in an amount suf�icient to av�id appli�ation af any coinsurance clause, and with a standard martgagee
<br /> �lause in fa�ar of Lender, together with such ather hazard and liabi�ity insurance as Lender may reasanab�y require.
<br /> PoliGies shall be wri�ten in fvrm, amaunts, ca�erages and basis reasonably accepta�fe ta Lender and issued by a
<br /> company or companies reasonably acceptable t❑ Lender. Trustor, upan request of Lender, wt�! deli�er to Lender
<br /> from time to time �he policies or certificates of insurance in farm satisfact�ry t❑ Lender, including stipulations that
<br /> ca�erages will not be �ance�led ar diminished without at �east ��n �1 Q� days prior written notice to Lender. Each
<br /> insuran�e poliGy als❑ sha31 in�iude an endorsement pro�iding that co�erage in fa�vr of Lender will no� he impaired
<br /> in any way �y any act, omission ❑r default of Trustor or any other persvn. 5hould th� Rea� Praperty be located in
<br /> an area designated by the Administrator of the F�deral Emergency Management AgenGy as a special flvvd hazard
<br /> area, Trustor agrees tv abtain and maintain Federal Fload Insurance, i# a�ailable, for the max'smum amvunt of
<br /> Trust�r's credit line and the full unpaid principal balance �f any p�ior liens vn the praperty securing the loan, up tv
<br /> the ma�cimum pvlicy limits set under the Natianal Flood Insurance Prog�am, ❑r as otherwise required hy Lender, and
<br /> t❑ maintain such insuran�e for the term of the loan,
<br /> LENDER'S E�CPENDITURES, If Trustor fails �A� ta keep th� Property free of all taxes, liens, se�urity interests,
<br /> encumbrances, and other claims, �6� t❑ pro�ide any required insurance an the Property, �C� to make repairs to the
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