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2� 1 ��7277
<br /> �EED �F TRUST
<br /> Loan N�: 'i�'I�997�� �C�ntinued� Page �
<br /> TRUSTDR`S REPRESEtVTATI�NS AND WARRANTIES. Trustar warrants that: �a} this Deed of Trust is executed at
<br /> Borrower's request and nvt at ths request o� Lender; �b� Trustar has �he �ull power, right, and autharity �o enter into
<br /> this Deed ❑f Trust and to hypothe�ate the Praperty; �c7 th� pra�isiflns ot this Deed of Trust dv nat Gonfli�t with, or
<br /> result in a default under any agreement or othe� instrument binding u��n Trust�r and d❑ nat result in a �iolation of any
<br /> law, regulation, court de�re� ar o�der applicable to Trustor; �d� Trustar has estat�lished adequate means of abtaining
<br /> from Barraw�r vn a continuing basis information abaut BarrQwer's financial �ondition; and �e� Lender has made na
<br /> representation ta Trustor abaut 6orrower �including without limitation the �r�ditw�rthiness o# Bor�ower].
<br /> TRUST�R'S WAIVERS. Trustor wai�es all rights or defense� arisir�g by reason ot any "one a�tion" or "anti-def�ciency"
<br /> law, or any ❑th�r law which may �re�en� L�n��r from bringing any act�on agair�st Trustor, including a claim far
<br /> defic�en�y to the extent Lender is otherwise entitled ta a claim for defi�iency, befare or afte� Lend�r's c�mmencement
<br /> flr completion of any toreciosure a�tian, eith�r judi�ially or by exercis� of a power of sale.
<br /> PAYIVIENT AND PERF�RMANCE. ExGept as otherwi�e prv�id�d �n this �e�d of Trust, �arrower shail �ay to Lender al[
<br /> Indebtedness se�ured by this Deed of Trust as it becomes due, and �arrovver and Trustar sha�1 �erform all their
<br /> respecti�� obligations und��the Nate, this Qe�d of Trust, and �he Related C7ocuments.
<br /> �UNSTRU�TI�N �IIC3RTGAGE. This L7eed af Trust is a "canstruction martgage" f�r the �JL1CpQ5�5 0# �ec�i�ns 9-334
<br /> and ZA-3�9 af th� Uniforrn Cvmmerc�a) Cade, as those sectidns ha�� �een adapted by the S�ate ot Nebraska.
<br /> P�}SSESSIDN AND MAINTENANC� DF THE PR�PERTY. Barrow�r and �rusror agree that Borrow�r's and Trustor's
<br /> poss�ssion and use at the Praperty shall be go�ern�d �y the follawing pravisians:
<br /> Passession and Use. Un�il the ae�urrence of an E�ent vf Default� Trustor may �1� remain in possessivn and
<br /> control of th� Property; �2� use, operate or manage the Property; and �3� collect the ��nts frvm the F�roperty.
<br /> Duty to Main�ain. Trustor shall maintain the Praperty in tenanta�le canditivn and pr�mptly perfvrm al! repairs,
<br /> replacem�nts, and maintenan�e ne�essary t� preser�e its �alu�.
<br /> Complian�� Wi�h En►►iranmental Laws. Tru�tor r�p�esents and warr�nts t❑ Lender tha�: ��� During the periad of
<br /> Trustvr's ❑wnership af the Prnperty, there has been no use, generation, manufa�ture, storag�, treatm�n�, dispasal,
<br /> release or �hreatened rel�ase �f any Hazardau� �ubStanC� by any person nn, under, about or fr�m the �'roperty;
<br /> {�� Trustor has no know�edge ❑f, vr reason ta �elie�e that th�re has been, ex�e�t as previously dis�los�d to and
<br /> acknowledged hy Lender in writtng, �a� any breach or viQlation af any En�irQnmenta� Laws, �b} any use,
<br /> gene�ation, manufaGture, storage, treatment, disp�sal, release or threatened r�lease ❑f any Haz�rdous Su�stanc�
<br /> on, und�r, about vr from the Property by any prior ❑wners or ocGupants �f the �'roperty, or �cf any aetua� �r
<br /> threaten�d liti�ation or claims af any kind by any person relating �a such matters; and {3y Excep� as pre�iously
<br /> d�sc�osed �o �nd acknowled�ed by Lender in writing, �a� neith��Yrustar nar any tenant, cantractor, agent ar other
<br /> auth�rized user of the Pro�erty shall use, g�n�rat�, manufacture, stare, �reat, dispase af ar refease any Hazardous
<br /> Substance on, und�r, about or #r�m the P�Q��rty; and �b} any s�uGh acti�ity shall be �anducted in eampliance with
<br /> al! app�icabie federa�, sta�t�, and Ivcal law�, regulatf�ns �nd or�dinances, inciuding vrrithraut limitation ail
<br /> En�ir4nmenxal Laws. Trustar authorizes L�nder and its agent� ta enter upon the Pro�erty t� make such
<br /> inspe�tions and tests, a� Trustor's e�pens�, as Lender may de�m apprapri�te t� determine com�liance af th�
<br /> Praperty wi�th this sectian af the De�d of Trust. Any inspections ❑r '��5t5 made by L�nder shall b� �or Lender's
<br /> purposes on�y and shali n�t be construed to create any responsibility or lia�if�ty ❑n �he part �f Lender to Trustar or
<br /> t❑ any vther person. The representati�n� and warran�ies �antained h�rein ar� �as�d �n Trusto�'s due diligence in
<br /> in�estiga�ing the Property for Hazardvus Suhst�nc�s. Trustor hereby {1 j releases and wai�es any �uture claims
<br /> against �.�nder f�r ind�mnity or Gantributinn �n the e�ent Trustt�r hecomes liable for cleanup ❑r other costs undef
<br /> any such laws; and �2y a�r�es t� indemnify, defend, and hvld h�rmless Lender a�ainst any and a�d cl�ims. �DS5B5,
<br /> �iabilities, damag�s, penal�ies, and expens�s� whi�h Lender may dire��tly or indireGtly sustain ❑r suffer resu�ting frQm
<br /> a breach o# this se�tion ❑f �he Deed of Trust or as a consequ�nc� of any use, genera�i�n, manufaG�ure, starag�,
<br /> dispasal, re�ease or threatened release o�curring p�ior t❑ Trustor's ownership ❑r in�erest in the Praperty, whe�her or
<br /> nvt the �ame was ❑r should ha�e b�en l�nown �o Trustor. The pro�isians of this s�cti�n of th� Deed ❑f Trust,
<br /> including the abligation to indemnify and de�end, shall survi�e�he payment of the Indebt�dness and �he satisfacti�n
<br /> and recan�eyance ❑f the li�n af this Deed af Trust and shall nd� be affiecCed �y L�nder's a�quisitian �af any interest
<br /> in the praperty, whether by forec#osure ar❑therwise.
<br /> Nuisance, Waste. Trusfior shali not caus�, condu�t vr permit any nuisance nQr �ommit, permit, or suffer any
<br /> stripping af ❑r vvaste on ar ta the Property ar any portion vf rhe Pr�pe�ty. Withaut limiting the �enerality of the
<br /> foregainc�, Trustor will not remo�e, or grant �a any ❑ther party the right t❑ remv�e, any timb�r, minerals �including
<br /> oil and gas7, coal, �lay, scoria, soil, gra�el or rock prvducts withaut Lender's prior written Consent.
<br /> Rem��al af Impro►►ements. Trustar shall not demolis� ar remove any lm�rovements fram the Real PrQperty w�thout
<br /> Lender's prior written consent. As a conditi�n to the rema�ai of any Impro�ements, Lend�r ma� require Trustor ta
<br /> make arrangements satisfact�ry �a Lender to repla�� such Impro�ements �rvith Impro�ements Qf at least equal
<br /> �alu�.
<br /> Lender's Right to Enter. Lender and Lender's agents and repr�sentati�es may enter upon the Real Praperty at all
<br /> reasonab�e times t❑ attend �o Lender's interests and to inspeGt the Reai Praperty for purpases of Trustvr's
<br /> cflmpliance with the terms and conditians o#this Deed af Trust,
<br /> C�mp�ian�e with Ga►►ernmental Requirements. Trust�r shal� prvmptl� cvmp�� with aii laws, ordinances, and
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