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2� 1 ��5487
<br /> DEED �F TRUST
<br /> �Contl n Ued} Page �
<br /> ANY AND ALL �BL�GAT��NS UNDER THE N�TE, THE RELATED D�CUMENTS, AND THlS ❑EED UF TRl]5T. THIS
<br /> DEED �F TRUST, iNCLUDING THE ASSIGNMENT OF RENTS AND THE SECURfTY INTEREST 1N THE RENTS AND
<br /> PER54NAL PRC�PERTY, 15 ALSD �IVEN T� SECURE ANY AN❑ ALL �F TRUSTOR'S �BLIGAT[nNS UNDER THAT
<br /> �ERTAIN G�NSTRUCTI�N L(]AN AGREEMENT BETINEEN TRlJST�R AN❑ �ENDER 4F EVEN DATE HERE1rIllTH. ANY
<br /> EVENT 4F DEFAULT UNDER THE C�NSTRUCTl�N L�AN ACREEMENT, �R ANY OF THE RELATED DC3CUMENTS
<br /> REFERRED T� THEREIN, SHALL ALS� BE AN EVENT aF DEFALJLT UNDER TH15 DEED �F TRUST. THIS DEED �F
<br /> TRUST IS G1VEN AN❑AC�EPTED �N THE FDLL�WING TERMS:
<br /> PAYMENT AN❑ PERFDRMANCE. Except as otherwise provided in this Deed ❑f Trust, Trus�or shall pay to Lender al!
<br /> amoun#s secured by this Deed of Trus� as they become due, and sha�l strictly and in a timely manner perform a�l of
<br /> Trus�o�-'s obliga�ions under the Note,this Deed of Trust,and the Reia�ed �o�uments.
<br /> CDNSTRUCTIDN M�RTGAGE. This Deed �f Trust is a "construc�ion mortgage" fa� the purposes of Sections 9�-334
<br /> and�A-3�9 of�he Unifio�-m Commercial Cade, as�hose sections have been adop�ed by the Sfa�e o�Nebraska.
<br /> P�5SES51DN AND MAINTENANGE �F THE PRDPERTY. Trus�or agrees that Trus�or's possession and use o� the
<br /> Property shall be go�erned by the follawing pro�isians:
<br /> Possess`rvn and Use. LJnti� the occurrence of an Ev�nt of Default, Trustor may ��} remain �n possess�on and
<br /> control of�he Property; �2} use, ❑perate or manage fh�Proper�y; and �3} ca��ect the Rents from the Property.
<br /> Du�y �v Maintain. Trustor- shal! maintain the P�-operty in #enantab�e condition and prompt�y perform all repairs,
<br /> rep�a�emen#s, and maintenan�e necessary fo preser�e i�s�alue.
<br /> Comp[iance With En�irvnmental Laws. Trus�or represents and warrants �o Lender that: �'I} During the period of
<br /> Trustvr'�s ownership af�he Property, there has heen no use, generation, manu�acture, s�orage, trea�ment, disposal,
<br /> re�ease or�hrea�ened release of any Hazardous 5ubs�ance by any person on, under, about or from the Proper�y;
<br /> ��} Trustor has nv knawledge of, ar reasfln to bel�eve that�here has been, except as prev�ously d�sclosed to and
<br /> acknawledged by Len�er in writing, �a} any breach or �iolation af any Environmental Laws, �b} any use,
<br /> generatian, manufacture, sto�rage, treatmen�, disposa�, re�ease or threatened release af any Ha�ardous Substance
<br /> vn,.under, a�out or from �he Praperty by any prior owners or occupan�s of the Proper�y, or �c� any actual Qr
<br /> threatened li�igat�on or claims of any kind by any �erson relat�ng �o such ma�ters; and �3} Except as previ�usfy
<br /> disc�ased to and a�knowledged by Lender in wri�ing, �a} neither Trustar nor any tenant, contrac�ar, agent or o�her
<br /> authorized user a��he Property shal� use, generate, manufac�ure, store, treat, dispase af or release any Hazardaus
<br /> 5ubstance on, under, about or fram the Property; and �b} any such acti�ity shall be conducted in compliance with
<br /> afl appli�abl� �ederal, sta�e, and local �aws, regu�a�ians and ordinan�es, including withaut limita�ion a(I
<br /> Environmental Laws. Trus�or authari�es Lender and its agents to enter upon �he Property to make su�h
<br /> inspec�ions and tests, at Trustor's expense, as Lende�- may deem apprapr�ate fo determine comp�iance vf the
<br /> P�-o�er�y wi#h �his sectian �f the Deed of Tr-ust. Any inspections ar tests made by Lender sha�l he for Lender's
<br /> purposes anly and shali not be construed to create any responsibility or liability❑n the part of Lender to Trustor or
<br /> to any other person. The representa�ions and warranties contained herein are based on Trustar's due diligence in
<br /> investiga�ing �he Property far Ha�ardaus Substances. Trustc�r here�y ��} releases and wai�es any futu�-e claims
<br /> against Lender fvr indemnity ar �ontributian in the event T�-ustor becomes liab�e fo�-cleanup or oth�r cvsts under
<br /> any such laws; and ��} agrees to indemnify, defend, and hold harmless Lender against any and all cla�ms, �osses,
<br /> fiab�li�ies, damages, penalties, and expenses which Lender may dire�tly or indirectly sustain or suffe�-resulting from
<br /> a breach of this se�t�on of the Deed of Trust or as a consequence of any use, generation, mahufacture, storage,
<br /> disposal, re�ease or threa�ened refease occurring prior�o Trustor's ownersh�p or interes�in the Praper�y, whether or
<br /> no� the same was or shou�d have been known �o Trustar. The provisians of this s�ction of the Deed of Trust,
<br /> inelud�ng the obligation�o indemn�fy and defend, shall sur�ive the paymen�of�he Indebtedness and the satisfactian
<br /> and reconveyance of the lien af this ❑eed o�Trust and shall no�be aff�:c�ed by Lender's acquisitian of any interest
<br /> in�he Pr�perty,whether by fore�l�sure or otherwise.
<br /> Nuisance, Waste, Trustor sha�l no� cause, canduct �r permit any nu�sance nor commit, p�rmi�, or suffer any
<br /> s�ripp�ng af or wast� on or to the Property or any port�an of�he Property. Without l�miting the generality of the
<br /> foregoing, Trustor wifl nv�remo�e, or grant ta any other pa�ty the r�ight to rema�e, any timber, minerals �including
<br /> oil and gas}, cval, �lay, scor�a, soil, gravel or ro�k praducts without Lender's priar wr�tten consent.
<br /> Remo�al vf�mpro�ements. Trustor shal� no�demolish or rema�e any[mpro�ements from the Real Property without
<br /> Lender's pr�or wri�ten cansen�. As a condition to the removal of any [mpro�ements, Lender may require Trustor�o
<br /> make arrangements satisfaG�ory to Lender ta replace such Impro�ements with 1mpr��emen�s of at (east equa�
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agen#s and represen#atives may enter upon the Real P�-oper�y at a�l
<br /> reasanable t�mes fo attend to Lender`s interests and to inspect �he Real Praperty for purposes ❑f Trustor's
<br /> comp�iance with�he terms and conditions of this Deed o�Trust.
<br /> Comp[iance with Go��rnmental Requiremen�s. Trustar shal� promptly comply wi�h a�l laws, ordinances, and
<br /> regulations, now or hereafter in effect, of al1 g��ernmental authorities applicable �o the use or ❑ccupancy of#he
<br /> Property, in�luding wi�hout limitation, �he Americans Wi�h Disabi��ties Ac�. Trustor may contest in g�od faith any
<br /> such law, ardinance, or regufation and withh��d compl�ance during any proceeding, �ncluding appropriate appeals,
<br /> sa lang as Trustor has no#ified L�nder in writing pria�to doing so and s❑long as, in Lender's so�e opinion, Lender's
<br /> interes�s in the Pr�perty are not jeopardized. Lender may require Trustor to post adequate security or a sure�y
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