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2� 1 ��85�3
<br /> DEED �F TRUST
<br /> Loan No: 1�13���38 ��[�rltinu�d� Page 2
<br /> Trustvr presently assigns t❑ Lender (afsv known as Benefi�iary in this Deed af Trus�#y all of Trustor's right, title, and
<br /> �nter�st in and to all present and future leases of the Property and all Rents fram the Prap�rty. !n additian, Trustor
<br /> grants to Lender a Uni�vrm Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEE� �F TRUST, INCLUDIN� THE AS5IGNMENT �F RENTS AND THE SECURITY �NTEREST IN THE RENTS AND
<br /> PERSnNAL PRDPERTY, iS GIVEN T� SECURE �Ay PAYIVIENT �F THE INDEBTEDNESS AND �By PERFORMANCE DF
<br /> EAGH �F TRUST�R'S AGREEiVIENTS AND �BLIGATI�NS UNDER TH�S DEED DF TRUST. THES DEE❑ QF TRUST �S
<br /> GIVEN AN❑ACCEPTED�N THE F�LL4UVING TERMS:
<br /> TRUSTDR'S WACVERS. T�ustflr wai�es all rights ar defenses arising by reasan �f any "one actian" ❑r "anti-de�iciency"
<br /> law, nr any other law which may pre�ent Lender from bringing any action against Trustor, including a claim fvr
<br /> deficiency tv ths extent Lender is atherwise entitled to a Claim far deficiency, befor� vr af�ter Lender`s cvmmencement
<br /> vr campletion of any f�re�losure action. either�udi�ia�ly or by exercise of a power vf sale.
<br /> PAYMENT AND PERF�RMANCE. Except as oth�rwise pra�ided in this Deed vt Trust, Borrvwer shall pay to Lender a1�
<br /> �ndebtedness secured by this ❑eed af Trust as it becames due, and Borrower and Trustor shal� perfvrm all their
<br /> respecti��abligatians under the Credit Agreement, this Deed❑f Trust, and th� Related Dacuments.
<br /> P�SSESSI�N AND MAINTENANCE DF THE PR�PERTY. Barrawer and Trust�r agree that Barrawer's and Trustor's
<br /> passession and us�af the Pr�perty shall be ga�erned by the following pra�isions:
<br /> Passessivn and Use. Until the oc�ur�ence vf an E�ent af ❑efault, Trustor may {�y r�ma�n in possession and
<br /> �ontrof of the Property; �2f use� operate or manage the Property; and {3� �oilect the Rents #ram the Praperty.
<br /> Duty to Maintain. Trustvr shail maintain the Praperty in goad condition and prvmptly perfarm all repairs,
<br /> repEacements, and maintenance necessary t� preser�e its�alue.
<br /> Ha�ardous 5uhs#ances. Trustor r��r�sents and warrants that the Pr�perty ne�er has been, and ne�er will be sa
<br /> long as this Deed �f Trust remains a lien an the Property, used fvr the g�neration, manufacture, storage,
<br /> treatment, dispasal, re�ease or threatened release ❑f any Hazardous 5ubstance in ��vlativn nf any En�irvnmentaf
<br /> Laws. Trust�r authv�izes Lender and its agents t� enter upon the Praperty to make such inspections and tests as
<br /> Lender may deem appropria#e �a determine compliance vf the Property with this section of the Deed of Trust.
<br /> Trustor hereby �1} releases and wai��s any future ciaims against Lender for indemnity or cvntrihution in the e�ent
<br /> �rustor becames liabfe far cleanup or other costs und�r any such laws, and {2] agrees to indemnify, defend, and
<br /> hold harmless L�nder against any and al! claims and losses resulting from a breach of this paragraph of the ❑eed af
<br /> Trust. This vbligativn ta indemnify and defend shall sur�i�re the payment af the Indebt�dness and the satisfaction
<br /> af this Deed �f Trust.
<br /> DllE �N SALE - C4NSENT BY LENDER. Lender may, at Lender's aption. declare immediate�y due and payable ail sums
<br /> secured by this Deed of Trust upvn the sa{e�r transfer, without Lender's prior written cvnsent, ❑f ail vr any part ot the
<br /> Real Prvperty, vr any interest in the Real Praperty. A "sale or�ransfer" means the con�eyance of Real Property or any
<br /> right, titl� or int�rest �� th� Real Praperty; whether legal, ben��icfa� ar equita�i�; whether vaxuntary or �nvoluntary;
<br /> wheth�r by outright sa1�� deed, installment sale contract, land c�ntra�t, cantra�t for deed, feasehoid interest with a
<br /> term greater than thres �3y years, leas�-option Gontract, vr by sale, assignment, ar transter of any beneficial interest �n
<br /> or t� any �and trust halding title t❑ the Real Pr�perty, or by any other method vf con�eyance of an interest in the Real
<br /> Prap�rty. H�we�er. #his ❑ption shai! nvt be exercised hy Lender if su�h exercEse is prahihited �y #ederal faw ❑r by
<br /> Nebraska law.
<br /> TAXES AND L1ENS. The following pra�isians rela'�ing t❑ the taxes and liens on the Property are �art vf this Deed of
<br /> Trust;
<br /> Payment. Trustvr shall pay when due �and in all e�en'ts prior to delinquency� all taxes� special tax�s, assessments,
<br /> charges tincluding wat�r and sewer}, fines and impositions le�ied against or ❑n ac�vunt �f the Property, and shall
<br /> pay when due a[I claims tar work dane on or for ser�ices rendered �r material furnished t❑ the Prvperty. Trustor
<br /> shall maintain the Proper�y free af all liens ha�ing priority ❑�er vr equal tv the �nterest af Lender under this ❑eed of
<br /> Trust, except for �he lien ❑f taxes and assessm�nts nat due, except fvr the Existing Indebtedness referred ta
<br /> helvw, and except as otherwise pra�ided in this ❑eed af Trust.
<br /> PRQPERTY DAMAGE INSURANCE. The tol�owing pro�isions relating to insuring the Praperty a�e a part a�this D�ed of
<br /> Trust.
<br /> Maintenan�e of lnsurance, Trust�r sha11 procure and maintain policies of fire insurance with standard extended
<br /> c��erage endarsements on a fair �alue basis for the full insurable �aiue c��ering all lmpro�ements on the Real
<br /> Prop�rty in an amount sufficient #o a�oid application of any coinsurance clause, and with a standard mvrtgage�
<br /> clause in fa�or vf Lender, together with such ❑ther hazard and liability insurance as Lend�r may reasanab[y require.
<br /> Pali�ies shall b� written in form, amaunts, cv�erages and basis reasana�ly acceptable to L�nd�r and issu�d by a
<br /> �ompany vr companies reasonably acceptab�e tv Lender. Trustvr, upon request af Lender, will deli�er to Lender
<br /> fram time to tim� the palicies ar certificat�s of insurance in form sa#isfactary t❑ Lender, including stipulations that
<br /> cv�erages will not be cancelled or diminished withaut at least ten ��Dj days prior written noti�e t❑ Lender. Each
<br /> insurance palicy also shall in�lude an endvrsement pra�iding that co�erage in fa�or �f Lender will nat be impaired
<br /> in any way by any act, ❑missi�n or default o#Trustor❑r any other persan. 5hould the Real Prvperty be located in
<br /> an area designated by the Administrator of the Federal Emergency Manag�m�nt Agency as a sp�cial �Io�d hazard
<br /> area, Trustor agrees t❑ vbtain and maintain Federal Flaod Insuran�e, if a�ailable, far the maximum amount ❑f
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