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2� 1 ��874�
<br /> DEED �F TRUST
<br /> Loan No: �I D'I�99552 {�ontinued� Pa�e 2
<br /> ur�der Truth in Lending in cannection with any additiona� loans, extensions of credit and other liabfliti�s or obligations of
<br /> Trustor ta Lender, then this [3eed o#Trust shall nat secure additivnal loans vr�biigations uniess and until such notice is
<br /> gi�en.
<br /> Trust�r presently assigns to L�nde� {aiso known as BeneficEary in this ❑eed vf Trusty a�l vf Trustor's right, title, and
<br /> interest in and to all present and fut�re leases af the Praperty and all Rents from the Property. ln addition, Trustor
<br /> grants to Lender a Uni#orm Comrrtercial Code security interest in the Personal Property and Rents.
<br /> TH�S DEE❑ �F TRUST, INCLUDING THE ASSIGNMENT �F RENTS ANQ THE SECURiTY INTEREST IN THE RENTS AND
<br /> PERSONAL PRQPERTY, IS GIVEN T� SECURE tA� PAYIVIENT OF THE IN�EBTEDNE55 AND �By PERF�RMANCE �F
<br /> aNY AND ALL ❑6LIGATIdNS UNaER THE N�TE, THE RELATED DOCUMENTS, AND THIS DEED �F TRIJST. TH[S
<br /> ❑EED �F TRUST, INCLUDING THE ASSiGNMENT �F RENTS AND THE SECURITY �NTEREST IN THE RENTS AND
<br /> PERSDNAL PR�]PERTY, �S ALS� GIVEN TD SECU�E ANY AN1� ALL DF TRUST�R'S �BLIGATI�NS UNDER THAT
<br /> CERTAIN C�NSTRUCTIQN L�AN AGREEMENT BETINEEN TRUSTDR AN� LENDER aF EVEN DATE HEREWfTH. ANY
<br /> EVENT QF DEFAULT UNDER THE C�DNSTRUCTI4N LDAN AGREEIUIENT, DR ANY �F THE RELATED DQGUMENTS
<br /> REFERRED T� THEREIN, SHALL ALS� gE AN EVENT �F DEFAULT UNDER THIS DEED �F TRUST. TH�S DEED �F
<br /> TRUST IS GIVEN AND ACCEPTED aN THE F�LLDINIIVG TER�S:
<br /> PAYMENT AN� PERF�RMANCE. Except as ❑therwise pra�ided in this Deed vf Trust, Trustor shall pay ta Lender ai�
<br /> amounts secured by th�is De�d �t Trust as they �ecome due, and shall stri��ly and in a timely manner perfiorm all af
<br /> Trustar's ❑�ligatians under the Nate, �his Deed af Trust, and the Related Da�uments.
<br /> C�NSTRUCTf�lV M�RTGAGE. This �eed v� Trust is a "constructior� mvr#gage" for the purpo�es a� Se�tivns 9-334
<br /> and 2A-3D9 of the Uniform C�mrt�ercial Code, as thase se�t�ons ha�e been adopted by the State of Nebraska.
<br /> P�SSESSI�N AND MAINTENANCE �F THE PRQPERTY. Trusto� agrees that Trustar's passession and use �f the
<br /> Property shall be ga�erned by the following pro�isians:
<br /> Passess�nn and Use. Untii the ❑c�urrence vf an E�ent of Default, Trustor may 4�} remain in possession and
<br /> controi of the Property; �2} use, operate or manage the Prvperty; and �3y cfl��ect the Rents from th� Prvperty,
<br /> Du#y �o Nlaintain. Trustar shall �nainia�r� the Prvperty in ter�antable cvnd�tivn and prQmptly perform all repairs,
<br /> replacements, ar�d maintenance n�cessary t�r preser�e its va�u�.
<br /> ComplianGe With En�irvnmen#al L�ws. Tru�tor represents and warrants tv Lender that: �1} During the period o#
<br /> Trustar's owhership of the Prope�ty, #here has been n❑ use, generation, manufacture, st�rage, treatment, disposal,
<br /> release �r threatened release o� any Hazardous 5ubstance by any person or�, under, about ❑r from the Prape�-ty;
<br /> {2� Trust�r has na knowledge of, ❑r reason to be�Ee�e that tF�ere has been, �xcept as pre�iously disclosed tv and
<br /> ack�owledged by Lender in wr�ting, ta� any breach ar �ioiatian ❑f any En�irvnmental Laws, tb} any use,
<br /> generation, manufacture, storage, treatmet�t, disposal, rel�ase ❑r threatened refease of any Hazardaus Suhstance
<br /> on, under, abvu# �r from the Property by any prior owners or occupan�s ot the Property, or �cf any actual or
<br /> threatened litiga�tion or claims of any k�nd by any person re�ating to such matt�rs; and �3� Excep� as pre�iously
<br /> discEosed to and acknowE�dged by Lender in writing, �ay n�ither Trustof nvr any tenan#, contractor, agent ar other
<br /> authorized user of the Praperty shall use, generate, manufacture, store, treat, dispase of or release any Hazardous
<br /> Substance on, under, about❑r#rom �h� Praperty; and �b� any such acti�ity shall be canduct�d in compiiance with
<br /> all applicable federal, state, and lacal laws, regulatians and ardinances, �ncluding without limitation ail
<br /> En�ironm�ntal Laws, Trustor authorizes Le�der and its agents to enter upon the Property to make such
<br /> inspecti�ns and t�sts, at Trustor's �xpgnse, as Lender may deem appropriate t� determin� compiian�e of the
<br /> Property with this sectivn a# the Deed af Trust. Any �nspections vr tes#s made by Lender �hall b� far L�nder's
<br /> purposes vnly and shall no� be construed tv create any responsibility or i�ability vn the part vf Lend�r t� Trustor❑r
<br /> �o any �ther pers��. The represer�tat�ans and warra�#�es cvntained herein are based o� Trustar's due diligenc� in
<br /> in�estigatin� the Praperty f�r �lazardous Substances. Trustor hereby {1} re�eases and wai�es any future ciaims
<br /> against Lender �vr indemr��ty �r contribution in th� ��ent Trustor bec�rr�es liable far cleanup or other costs under
<br /> ar�y such faws; and �2} agrees to Endemnify, de#e�d, and h�ld harm�ess Lender against any and all c�aims, Iosses,
<br /> liabilities, damages, penafties, and exp�nses which L�nd�r may directly or indirectly sustain or su�fer resulting from
<br /> a breach of this SeCtiDn vf the Deed of Trust �r as a cons�quence vf any use, generation, manurtacture, storage,
<br /> disposal, release o�threatened release occurring priar ta Trus�ar's awnershtp or interest in the Praperty, whether or
<br /> nat the same was vr should ha�e been knvwn tv Trustar. The pro�isions af thEs section af the Deed ❑f Trust,
<br /> in�luding the abligati�n t❑ indemnify and defend, shall sur�ive the paymen�t of the �rtdebt�dness and the satisfaction
<br /> and recan�eyance af the lien ofi�his ❑�ed ot Trust and shall nat he affected by Lender's a�quisitian of any interest
<br /> in the Prap�rty, whether by tflreclosure or otherwise.
<br /> Nuisance, Waste. Trustor shal� not cause, ca�duct or permit any nuisance nar commit, permit, or suffer any
<br /> stripping of or ►rvaste on or t� t�e Property or any portian o� the Prvper#y. 1lVithout iimiting the genera�ity ❑f the
<br /> #aregaing, Trustor wilf not remo�e, or grant to any other party the r�ght ta rema�e, a�y timber, minerals {includin�
<br /> o�i and gas�, cval, clay, scoria, soil, gra�el or rock products without Lender's prior written c�nsent.
<br /> Remo►ral ot Impro►►ements. Trustor shali not demvlish vr remo�e any �mpro�ements from the R�al Property wi�hout
<br /> L�n�fer's pr��r written consent. As a car�ditian �a the rem��al af any Impro�ements, Lender may require Trustar tt�
<br /> make arrangements satis�actory ta Lender to replace such lmpra�ements with lmpro�ements of at �ea�t equa�
<br /> �aiue.
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