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202.402891
<br />jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery
<br />upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation
<br />to repay such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Notes, this Deed of Trust secures all future advances made by Lender to
<br />Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed
<br />of Trust secures, in addition to the amounts specified in the Notes, all future amounts Lender in its discretion may
<br />loan to Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN
<br />THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE
<br />INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE
<br />RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE
<br />ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,
<br />IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN
<br />CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER AND THAT CERTAIN
<br />BUSINESS LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER, EACH OF EVEN DATE
<br />HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT OR THE
<br />BUSINESS LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN,
<br />SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS
<br />GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to
<br />Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner
<br />perform all of Trustor's obligations under the Notes, this Deed of Trust, and the Related Documents.
<br />CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-
<br />334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Nebraska.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use
<br />of the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period
<br />of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment,
<br />disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the
<br />Property; (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws,
<br />(b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or
<br />(c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and
<br />(3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any
<br />tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat,
<br />dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity
<br />shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances,
<br />including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the
<br />Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine
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