|
2� 17� 1754
<br /> DEED �F TRUST
<br /> Loan No: 1�'1��3�73 ���ntinued} Page �
<br /> interest in and to afl present and futur� feases of the Prop�rty and all Rents fram the Property. In additian, Trustar
<br /> grants to Lender a �niform Cammercial �ode security interest in th� Personal Property and Rents.
<br /> THIS ❑EED nF TRUST, lNCLUDING THE ASSIGNMENT OF RENTS AN❑ THE SECUF�ITY INTEREST 1N THE RENTS AND
<br /> PERS�NAL PR�PERTY, 15 GlVEN T� SE�URE �A} PAYMENT �F THE 1NDEBTEDNESS AND �6y PERFDRMANCE �F
<br /> EACH �F TRLJSTOR'S AGREEMENT� AND �BLIGATI�NS UNDER THIS DEED �F TRUST. THIS DEED �F TRUST IS
<br /> �iVEN AND ACCEPTED �N THE F�LL�INING TERMS:
<br /> PAYi111ENT AND PERFflRfVIANCE. Except as otherwise pro�ided in this ❑eed of Trust, Trustar shall pay t❑ Lender all
<br /> amounts secured by this Desd of Trust as they become due, and shall strictly and in a timely manner perform aii af
<br /> Trustar's ❑bligations unde�the Credit Agreement, this Deed �f Trust, and the Reiated Documents.
<br /> P�SSESSIQN AND MAINTENANCE QF THE PR4PERTY. Trustor agrees that Trustar's possession and use vf the
<br /> Property �hai� be go�erned �y the fa�lawing pro�isEvns:
<br /> Possess�an and Use. Un�il th� accurrence af an E�ent af ❑efault, Trustor may {�} remain in pnssess+on and
<br /> contrv� o#the Property; �2� use, �perate or manage the Property; and �3} calfect the ftents fr�m�he Property.
<br /> Duty tv Maintain. Trustor shall maintain the Prop�rty in good conditian and promptly perform a�l repairs,
<br /> replacements, and maintenance necessary to preser�e its �alue.
<br /> Hazardvus Substances. Trustor represents and warrants that the Praperty n��er has been, and ne�er wil� k�e sa
<br /> long as this Deed af Trus� remains a iien �n the Property, used for the generation, manufacture, storage,
<br /> treatment, disposaf, releas� or threatened release of any Hazard�us Substance in �i�lation of any En�irQnmen�al
<br /> Laws. Trustor autharizes Lender and its agents t� enter upan the Property to make suGh inspectians and tests as
<br /> L�nder may deem appropriate t� determine comp�iance o� the Property with this sectivn of the Deed af Trust.
<br /> Trustar hereby ��y releases and wai�es any future claims against Lender �or ind�mnity ❑r contributi�n in the e�ent
<br /> Trustor becomes liab�e for c�eanup or other costs under any such laws, and �2y agrees ta indemnify, defend, and
<br /> hold harmless Lender against any and all �laims and losses resulting fram a breach of this paragraph o�the Deed of
<br /> Trust. This obl�gatian to ind�mnify and defend shal! survi�e th� payment ❑f �h� Indebtedness and the satisfactian
<br /> ❑f this Deed ❑f Trust,
<br /> ❑UE �N SALE - C�NSENT BY LENDER. L�nder may, at Lender's aption, declare immediately due and payable ail sums
<br /> secured by this ❑eed of Trust upan the sa4e ar transfes, witho�t Lender's priar written consent, a� all or any part of the
<br /> Real Praperty, ❑r any interest in the Real Pr�perty. A "sale or transfer" means the con�eyance ❑f Rea! Property �r any
<br /> r�ght, titie or inte�e�t in the Real Property; whether �egal, beneficial or equitable; whether �oluntary qr in�oluntary;
<br /> whether hy au#right sale, deed, instaflment sale contract, land contract, contract far deed, leaseh�ld interest with a
<br /> term great�r than three (3� years, lease-aption cantract, ar by sale, assignm�nt, or transfer of any beneficial interest in
<br /> or to any �and trust holding �it�e t❑ the Real Property, or by any ❑th�r methad of can�eyance of an inter�st in the Real
<br /> Property. Hawever, this �ption shall nQt he exercised by Lender if such ex�rctse is prohibi�ed by federal law ❑r by
<br /> Nebraska law.
<br /> TA�CES AND LIENS. The following pro�isions relating to the �axes and liens on the Property are part of this D�ed ot
<br /> Trust:
<br /> Payment. Trustor shall pay when due tand in all e�ents prior t❑ delinqu�n�yy all taxes, special taxes, assessments,
<br /> charges �including water and sewer�, fines and impositions le�ied against or vn account af the Property, and shall
<br /> pay when due a)! claims far wvrk done on ar f�r ser�ices rendered or material furnished to the Prap�rty. Trustor
<br /> shall maintain the Praperty free af al! liens ha�ing priarity ❑�er ar equa! �o the interest af Lender under this ❑eed ❑�
<br /> Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness r�ferred to
<br /> below, and except as o�herwise pro�ided in this ❑e�d of Trus�.
<br /> PRQPERTY DAMAGE �NSURANCE. The following pro�isions relating to insuring the Property are a part of this D�ed ❑f
<br /> Trust.
<br /> Maintenance �f lnsurance. Trustvr shall prQcure and maintain policies af fire insurance with standard extended
<br /> �a�erage endarsements an a fair �alue basis for the �ull �nsurabl� �alue co�ering all Impro�ements �n the Real
<br /> Property in an amount suffici�nt ta a�aid appliGation of any coinsurance �lause, an� with a standard martgage�
<br /> ciause in fa�or vt L�nder, together with such ather hazard and liability insuranc� as L�nder may reasonably require.
<br /> Pali�ies shall be written in farm, amvunts, �o�erages and basis reasonably ac�eptabl� t❑ L�nder and issued by a
<br /> company ❑r �ampanies reasonab�y acc�ptable to Lender, Trustor, upan request of Lender, will deli�er to Lender
<br /> from time to �ime the policies vr �ertifi�ates af insurance in form satisfactory tv Lender, including stipulations that
<br /> ca��rages wilf nat be �ancelled or diminished withaut at least ten �1 a} days prior written notice tv Lender. Ea�h
<br /> insurance palicy a�so shall inciude an �ndorsement providing that co�erage in fa�ar af Lender will not be impaired
<br /> in any way �y any act, omiss��n or default of Trustor or any ather persan. Should the R�al Property be lacated in
<br /> an area designated by the Administratar of the Federal Emergen�y Management Agency as a special flaad hazard
<br /> area, Trustor agrees ta obtain and ma�ntai� Federal Flood lnsuranc�, if available, �ar the maximurri am�unt af
<br /> Trustvr's �redit line and the full unpaid prin�ipal balance of any prior liens ❑n the property securing the loan, up ta
<br /> th� maximum palicy limits sef under the National Flood insurance Program, or as vtherwise required by Lender, and
<br /> to main�ain such insuran�e for the term of the laan.
<br /> LENDER'S EXPENDITURES. !f Trust�r fails �A� t❑ kee� the Property fre� of all taxes, �iens, se�urity inter�ests,
<br /> en�um�rances, and other claims, �By ta pro�ide any required insurance �n the Property, �C� ta make repairs t❑ the
<br />
|