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2� 1 ��8�2� <br /> aEED �F TRUST <br /> Lvan Nv: 'I D'I 3���3� ���ntinu�d� Page 2 <br /> Trustor presently assigns t❑ Lender {afsQ known as Beneficiary in this Deed of Trusty aii ❑f Trustar's right, titl�, and <br /> interest in and to all pr�sent ar�d fiuture leases ❑f the Property and all R�nts from the Property. In addition, Trust�r <br /> grants �❑ Lender a Uniform �ommercial �ode security interest in the Personal Prflperty and Rents. <br /> THIS ❑EE❑ DF TRUST, INCLUDING THE ASS�GNMENT �F RENTS AND THE SECURITY INTEREST !N THE RENTS AND <br /> PERS�NAL PROPERTY, IS GIVEN T� SECURE [Ay PAYMENT �F THE INDEBTE�NESS AND �B� PERF�RMANCE �F <br /> EACH �F TRUSTOR'S AGREEMENTS AND DBLIGATt�NS LJN�ER TH15 DEED QF TRUST. THIS DEED OF TRUST �S <br /> GIVEN AND ACCEPTEQ DN THE F�LL�WING TERMS: <br /> PAYMENT AN❑ PERF�RMANCE. Except as ❑therwise prfl�ided in this ❑eed of Trust, Trustflr shall pay ta Lend�r all <br /> amoun�s secured by this Deed ❑f Trust as they become due, and shall strictly and in a time�y manner perfarm a!� of <br /> Trustvr's ❑hligations under the �redit Agr�ement, �his Deed af Trust, and the Related ❑acumen�s. <br /> PC]SSESSIQN AND MA�NTENANCE �F THE PRDPERTY. Trustvr agrees tha� Trustar's possession and us� �f the <br /> Property sha�t be ga�erned by the following pra�isivns: <br /> Passession and Use. Until the ocGurrence of an E�ent af D�fault, Trustor may �17 remain in possession and <br /> �ontral of the Prvperty; �2y use, operate ar manage the Prop�rty; and �3} colle�t the Rents from the Property. <br /> Duty to Maintain. Trustor shall maintain the Prope�ty in gaad condi�ion and pr�mptly perform all repairs, <br /> repiacements, and maintenance n�cessary�o preser�e its �afu�. <br /> Hazardous 5ubstances. Trustor represents and warrants that the Property ne�er has been, and ne�er will be so <br /> Iong as this De�d of Trust remains a li�n an the Praperty, used far the generatian, manufacture, storage, <br /> �reatment, disposal, release or threatened release of any Hazardvus Substance in violation o# any En�ironmental <br /> Laws. Trustor authorizes Lender and its agents �a enter upan the Praperty t❑ make su�h inspecti�ns and tests as <br /> Lender may deem appropr�ate t❑ determine �omp�iance af the Property with this s�ctian �f the ❑eed v# Trust. <br /> Trustor hereby �1 y releases and wai�es any future claims against Lender for indemnity❑r contributian in the e�ent <br /> Trustvr be��mes liabl� for cleanup or other �osts und�r any such laws, and ��� agrees ta indemni#y, defend, and <br /> h�ld harmless L�nder against any and afl claims and �osses resulting fr�m a breach of�his paragraph of the ❑eed of <br /> Trus�. This abligativn ta indemnify and d�fend shall sur�i�e the payment of the Indebtedness and the satisfaction <br /> of this Deed vf Trust. <br /> �UE �N SALE - C�NSENT BY LENDER, Lend�r may, at Lender's �p�ion, declare immediately du� and payab#e all sums <br /> secured by this Beed of Trust upan the sale vr trans�er, ►rvithou� Lender's prior written cansent, of ail or any part❑f the <br /> Real Property, ❑r any interest in the Real Property. A "sale ❑r transfer" means the �vn�eyance af Rea� Prop�rty �r any <br /> right, title or �nterest in the Real Praperty; whether legal, beneficia[ or equitable; whether �oluntary ar in�oluntary; <br /> whether by out�ight sale, deed, installment sa�e cvntract, land cflntract, contract #or deed, leas�hvid interest with a <br /> t�rm greater than �thre� �3} years, lease-option Gontract, or by sale, assignment, ❑r t�ansfer of any bene�icial �nterest in <br /> ❑r to any land trust ho�ding title ta the Real Pro�erty, or by any other method of �on�eyance of an interest in the Real <br /> Property. Hvwe�er, this vptian shall na'� be exercised by Lender if such exercise is prohibited by #edera� �aw ❑r by <br /> Nebraska law. <br /> TAXES AND LIENS. The foElvwing pro�isions relating to the taxes and liens an the Property are part o� this Deed ❑f <br /> Trust: <br /> Payment, Trustor shall pay when due tand in all e�ents prior ta delinquency} al� taxes, special taxes, assessments, <br /> charges {including water and sewer}, fines and impositions le�ied against or on ac�vunt of the Praperty, and sha(� <br /> pay when due all claims for wvrk dane an ❑r far ser�ices rendered or material furnished to the Pr�perty. Trustflr <br /> shal! rnaintain the Property tree ❑f all liens ha�ing pr�ority��sr ar�qual �to the interest�� Lender under this Deed ot <br /> Trust, except far the lien �f taxes and assessments not due, except for the Existing �ndebt�dness ref�rred to <br /> below, and except as atherwise pro�id�d in this Deed vf Trust. <br /> PR�PERTY DAMAGE INSUF�ANCE. Th� ��Il�wing pro�is�ans r�lating to insuring the Property are a part of this deed of <br /> Trust. <br /> Ma�ntenance of Insurance. Trustvr sha�l pro�ure and rnaintain p�licies af fire insurance with standard extended <br /> co�erage endorsements ❑n a fair �alu� basis for the full insurable �alue co�ering all Impro�ements on th� Real <br /> Property in an amaunt suf#icient ta a�oid application af any cainsurance clause, and with a standard mortgagee <br /> �lause in fa�nr of Lend�r, t�gether with such ❑ther hazard and liabi[ity insuranc� as Lender may reasonab�y require. <br /> Pali�ies shafl be written in farm, amaun#s, co�erages and basis r�asonably aGceptable ta Lender and issued by a <br /> campany or companies �eas�nab�y acceptable t❑ Lender. Trustor, upon r�quest of Lender, will deli�er ta Lender <br /> fr�m time ta time �he pvli�ies or �ertificates of insurance in form satisfactary to Lender, including stipulations �hat <br /> co�era�es wi�� not be �ancelled ❑r diminished withvut at ieast t�n t 1 ay days priar written natice tv Lender. Each <br /> insurance pnl�cy also shall include an endarsement pro�iding that coverage in fa��r vf Lender wil� not �e impaired <br /> in any way by any act, amissi�n ar default of Trustor ❑r any vther person. 5hould the Rea1 Property be located in <br /> an area d�signa�ed by the Admin�st�ator af the F�deral Emer9ency Management Agen�y as a special flood hazard <br /> area, Trustar agrees to ��tain and maintain F�deral Fl�ad lnsurance, i� a�ailable, for the maximum amount of <br /> Trustor's credit line and the full unpaid principal ba�ance ❑f any prior liens vn th� property securing the Ioar�, up �v <br /> the maximum po�icy limits set under th� NatEonal Flvvd lnsurance Prvgram, ❑r as atherwise required by Lender, and <br /> to maintatn su�h insurance fior the term af the loan. <br /> LENDER'S EXPEND[TURES. If Trustor fails �A� to keep the Property free ❑f all taxes, liens, security interests, <br />