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DEED OF TRUST
<br />(Continued) 20030433,8 Page
<br />immfmreable.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Dead of Trost) all of Truster's right, title, and interest in and to all present
<br />and future leases of the Property, and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Code security
<br />interest in the Personal Properly and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE Ni THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Truster shall pay to Lender all amounts secured by He
<br />Deed of Trust as they become due, and shall strictly and In a timely manner Perform all of Tnustors obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trusters possession and use of the Property shall be governed
<br />by the following provisions:
<br />Possession and We. Until the occurrence of an Event of Default, Truster may (1) remaln In roamesslon and control of the Property; (2)
<br />use, operate or manage Me Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truster shall maintain Me Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Truster represents and warrants to Lender that: (1) During Me period of Truster's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Truster has no knowledge of, or reason to believe that there 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, reteaae or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or 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 Truster nor
<br />any tenant, contractor, agent or other authorized user of Me Properly, shall use, generate, manufacture, store, treat, disperse 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. Truster authorizes Lender and
<br />its agents to enter upon Me Property to make such inspections and tests, at Truster's expense, as Lender may down appropriate to
<br />determine compliance of Me Property with He section of Me Dead of Trust. Any inspections or tests made by Lender shall be for Lenders
<br />purposes only and shall not be construed to create any responsibility or liability on Me pad of Lender M Truster or to any other person. The
<br />representations and warranties contained herein are based on Trusters due diligence in Investigating the Property for Hazardous
<br />Substances. Truster hereby (1) releases and waives any Mum claims against Lender for indemnity or contribution in Me event Truster
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penatow, and expenses which Lender may directly or indirecty sustain or suffer resulting from a breach
<br />of this section of the Deed of Trust of as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release Occurring prior to Trusters ownership or interest in Me Property, whether or not the same was or should have been known to Truster.
<br />The provisions of this section of Me Dead of Trust, including Me obligation to indemnity, shall survive Me payment of Me Indebtedness and
<br />Me satisfaction and reconveyance of Me Ilan of this Dead of Trust and shall not be affected by Lenders acquisition of any interest in the
<br />Properly, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
<br />Me Property or any portion of the Property. Without limiting Me generality of Me foregoing, Truster will not remove, or giant b any other
<br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scene, soil, gravel or rock products without Lenders prior
<br />written consent.
<br />Removal of Improvements. Truster shall rim demolish or remove any Improvements from the Real Property without Lenders prior written
<br />consent. As a condition to Me removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements M at least equal value.
<br />Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's Interests and to Inspect the Real Properly for purposes of Trustees compliance with the terms and conditions of this Dead
<br />of Trust.
<br />Compliance with Governmental Requlr rni Timber well promptly comply with all laws, ordinances, antl regulations, now or hereafter
<br />in effect, of all governmental auhori es applicable to the use or Occupancy of the Property, including without limitation, the Americans With
<br />Disabilities Act. Truster may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
<br />including appropriate appeals, so long as Truster has notified Lender in writing prior to doing so and so long as, in Lenders sole opinion,
<br />Lenders interests in Me Properly are net laoisardized. Lender may require TNator to Poet adequate security or a surety bend, reasonably
<br />satisfactory to Lender, to protect Lenders interest.
<br />Duty to Protect. Truster agrees neither to abandon or leave unattended the Property. Truster shall do all other acts, in addition to Mesa
<br />acts set forth above in this section, which from the character and use of Me Property are reasonably necessary to protect and preserve Me
<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 or 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 Me conveyance of Real Property or any right, He or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by oudght sale, deed, Installment sale contract, land contract, contract for deed, leasehold interest with
<br />a term greater than three (3) years, lease-optien contract, or by sale, assignment or transfer of any beneficial interest in or M any land trust
<br />holding this to the Real PropeM, or by any other melhW 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 hens on the Property are pad of this Dead of Twat
<br />Payment Truster shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water
<br />and sewer), fines and impositions levied against or on account of Me Property, and shall pay when due all claims for work done on or for
<br />services rendered or material fumished to Me Property. Truster well maintain Me Property free of all liens having priority over or equal to Me
<br />interest of Lender under Mis Deed of Trust, except for Me lien of taxes and assessments not due and except as otherwise provided in he
<br />Deed of Trust.
<br />Right to Contest. Truster may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over Me obligation
<br />to pay, so long as Lender's interest in Me Property is not jeopaN¢ed. If a lien arises or is filed as a result of nonpayment, Truster shall within
<br />fifteen (15) days after the lien arises or, if a lien Is filed, within fifteen (15) days after Truster has notice of Me filing, secure the discharge of Me
<br />lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other changes that could accrue as a result of a emcosure or
<br />sale under the lien. In any contest, Truster shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against
<br />the Property. Truster shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Truster shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate governmental offical to deliver to Lender at any time a written statement of Me was and assessments against Me
<br />Property.
<br />Notice of Construction. Truster shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or
<br />any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of Me work,
<br />services, or materials. Trustor will upon request of Lender fumish to Lender advance assurances satisfactory to Lender that Truster can and
<br />will Pay Me cost of such Improvements.
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