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Loan No: 21260 <br />DEED' OF TRUST <br />(Continued) Page 2 <br />2G2100178 <br />Hazardous Substances. Trustor represents and Tvarrants that the Property never has been, and never will be so <br />long as this Deed of Trust remains a lion on the Property, used for the generation, manufacture, storage, <br />treatment, disposal, release or threatened rel$asg of any Hazardous Substance in violation of any Environmental <br />Laws. Trustor authorizes Lender and it Owls to enter upon the Property to make such inspections and tests as <br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br />Trustor hereby 11) releases and 4vaiyes. ani, future claims against Lender for indemnity or contribution in the event <br />Trustor becomes liable for cleanuO or other' ,coptsiunder any such laws, and 12) agrees to indemnify, defend, and <br />hold harmless Lender against any bnd all cltiimi and losses resulting from a breach of this paragraph of the Deed of <br />Trust. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction <br />of this Deed of Trust. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums <br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the <br />Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any <br />right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; <br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a <br />term greater than three 13) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in <br />or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real <br />Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any <br />restructuring of the legal entity (whether by merger, division or otherwise) or any change in ownership of more than <br />twenty-five percent 125%) of the voting stock, partnership interests or limited liability company interests, as the case <br />may be, of such Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal <br />law or by Nebraska law. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of <br />Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, <br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall <br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor <br />shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of <br />Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of <br />Trust. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of <br />Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended <br />coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real <br />Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee <br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such <br />coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such <br />liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to <br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in <br />form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies <br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the <br />policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be <br />cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also <br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, <br />omission or default of Trustor or any other person. Should the Real Property be located in an area designated by <br />the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to <br />obtain and maintain flood insurance, if available, for the full unpaid principal balance of the loan and any prior liens <br />on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, <br />or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may <br />be purchased under the National Flood Insurance Program, from private insurers providing "private flood insurance" <br />as defined by applicable federal flood insurance statutes and regulations, or from another flood insurance provider <br />that is both acceptable to Lender in its sole discretion and permitted by applicable federal flood insurance statutes <br />and regulations. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in <br />the Property or if Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including <br />but not limited to Trustor's failure to discharge or pay when due any amounts Trustor is required to discharge or pay <br />under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but shall not be obligated to) take <br />any action that Lender deems appropriate on the Property and paying all costs for insuring, maintaining and preserving <br />the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate <br />charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such <br />expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; 113) be <br />added to the balance of the Note and be apportioned among and be payable with any installment payments to become <br />due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be <br />treated as a balloon payment which will be due and payable at the Note's maturity. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed <br />of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, <br />free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any <br />title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection <br />with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of <br />Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the <br />title to the Property against the lawful claims of all persons. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed <br />of Trust: <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Default. Trustor fails to comply with any other term, obligation, covenant or condition contained in this Deed <br />of Trust or in any of the Related Documents. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this <br />Deed of Trust, the Note or in any of the Related Documents. <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment <br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any <br />