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OF
<br />Loan No: 41036 DEED (Continued) TRUST 200302364. Paget
<br />use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shell maintain the Property in tenantable condition and promptly perform all repairs, replacements. and
<br />maintenance necessary to preserve Its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustw's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release w threatened release of any Hazardous
<br />Substance by any person on, under, about or ham the Property; (2) Trustor has no knowledge of, or reason to bell" that mere has been,
<br />except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release w threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners w occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Trusiw nor
<br />any tenant, contractor, agent or other authorised user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Trustw authorises Lender and
<br />its agents to enter upon the Property to make such inspectons and tests, at Trustors expense, se Lander may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the pan of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein we based on Trustors due diligence in investigating the Property Im Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lander against any and all
<br />claims, losses, liabilities, damages, penalties, and expanses which Lender may directly or indirectly sustain or suffer resulting from a breach
<br />of this section of the Dead of Trust w as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release cocurdng prim to Trustor's ownership or Interest in the Property, whether or not the same was w should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedrmss and
<br />the satisfaction and reconveyence of the lien of this Dead of Trust and shall not be affected by Lenders acquisition of any Interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trusiw shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any shipping of or waste on or to
<br />the Properly or any portion of the Property. Without limiting the generality of the foregoing. Trustor will not remove, w grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
<br />written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior whiten
<br />consent. As a condition to the removal of any Improvements, Lender may require Trustw to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property, at all reasonable times to
<br />attend to Lenders interests and to Inspect the Real Property for purposes of Trusiw's compliance with the terms and conditions of this Dead
<br />of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
<br />in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With
<br />Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
<br />including appropriate appeals, so long as Truslor has notified Lander in writing prior to doing so and so long as, in Lenders sole opinion,
<br />Larder's interests in the Property are not jeopardised. Lander may require Trustor to post adequate secunty, or a surety bond. reasonably
<br />satisfactory to Lender, to protect Lenders Interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those
<br />acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
<br />Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Dead
<br />of Trust upon the sale m transfer, without Lender's prior written consent, of all or any part of the Real Property, or any Interest in the Real Property.
<br />A "sale or transfer' means the conveyance of Reel Property or any right, we or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outright sale, dead, installment seta contract, land contract, contract for dead, leasehold interest with
<br />a term greeter than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust
<br />holding the to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by federal 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 Trust:
<br />Payment. Trustor shall pay when due (and In all events prior to delinquency) all taxes, special loxes, assessments, charges (including water
<br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for
<br />services rendered or material furnished to the Property. Trustor shall maintain the Properly free of all liens having priority over or equal to the
<br />interest of Lander under this Dead of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this
<br />Dead of Trust.
<br />Right to Contest. Trustm may withhold payment of any lax, assessment, or claim in connection with a good faith dispute over the obligation
<br />to pay, so long as Lenders interest in the Property is not jeopardised. If a lien areas or I5 filed as a result of nonpayment, Trustw shall within
<br />fifteen (15) days after the lien arises w, a a Ion Is filed, within fiffeen (15) days after Trustor has notice of the filing, secure the discharge of the
<br />lien, or if requested by Lender, deposit with Lender cash w a sufficient corporate surety bond or other security satisfactory to Lander In an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or
<br />sale under the lien. In any contest, Truslor shall defend Hear and Lander and shall satisfy any adverse judgment before enforcement against
<br />the Property. Trustor shall name Lander as an additional obligee under any surety bond furnished in the contest proc*edings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lander satisfactory evidence of payment of the taxes or assessments and shall
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