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200201495
<br />6. Maintenance of Property. Borrower shall keep the property in good repair and shall not commit waste or deterioration. No improvements shall be
<br />removed or structurally altered and no fixture which shall constitute an accessory to the property shall be removed without Trustee's approval. Borrower shall not
<br />permit any lien of any mechanic, materialman or any other statutory lien to attach to the property and shall comply with all laws affecting the property.
<br />7. Hazardous Substances. The terms "hazardous waste ", "hazardous substance ", "disposal ", "release ", and "threatened release ", as used in this Deed
<br />of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA "), the Hazardous Materials
<br />Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., or other applicable state or
<br />Federal laws, rules, or regulations adopted pursuant to any of the foregoing. Borrower represents and warrants to the Lender that: (a) During the period of
<br />Borrower's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous
<br />waste or substance by any person on, under, or about the Property. (b) Borrower has no knowledge of, or reason to believe that there has been, except as previously
<br />disposed to and acknowledged by Lender in writing (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any
<br />hazardous waste or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating
<br />to such matters. (c) Except as previously disclosed to and acknowledged by Lender in writing, (i) neither Borrower nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under or about the
<br />property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without
<br />limitation those laws, regulations, and ordinances described above. Borrower authorizes Lender and its agents to enter upon the Property to make such inspections
<br />and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender
<br />shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of the Lender to Borrower or to any other person.
<br />The representations and warranties contained herein are based on Borrower's due diligence in investigating the Property for hazardous waste. Borrower hereby (a)
<br />releases and waives any future claims against Lender for indemnity or contribution in the event Borrower becomes liable for cleanup or other costs under any such
<br />laws, (b) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender maydirectlyor
<br />indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal,
<br />release or threatened release occurring prior to Borrower's ownership or interest in the Property, whether or not the same was or should have been known to
<br />Borrower. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the indebtedness and the
<br />satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure
<br />or otherwise.
<br />8. Right of Entry. Lender, may at anytime without notice to Borrower, enter and inspector protect the property in person or by its agent, in any manner as
<br />may be deemed reasonable and necessary to protect the value of the property. Lender may undertake such repairs or maintenance as it deems necessary and the
<br />cost shall immediately become due and payable to Lender and said amount shall be reimbursed in the same manner as provided for insurance and taxes. Lender
<br />shall not be deemed to have waived its rights to declare default under this Trust Deed for failure to maintain the property correctly even though the Lender undertakes
<br />to perform such repairs and maintenance.
<br />9. Protection of Lender's Security. If Borrower fails to perform the agreements contained in this Trust Deed or if any proceedings are commenced which
<br />materially affect Lender's interest in the real property including but not limited to eminent domain, bankruptcy, enforcement of statutory provisions or foreclosure of a
<br />prior mortgage or Trust Deed, then the Lender, at it's option, upon such notice to Borrower as may be required by law, may make such appearance, dispose of such
<br />sums and take any action necessary to protect Lender's interest, including but not limited to, disbursement of reasonable attorneys fees and entry on to the real
<br />property. In the event of any default hereunder and whether or not an action is instituted to enforce this Trust Deed or the Note, Borrower promises to pay to the
<br />Lender any reasonable sum for costs incurred in good faith by Lender. The Borrower shall be liable to Lender for repayment of said amounts togetherwith interest at
<br />the highest legal rate not to exceed twenty (20) per cent.
<br />10. No Waiver. Acceptance by Lender of any sums from Borrower or any other person after the same is due shall not constitute a waiver of the right to require
<br />full payment or to declare default. The acceptance by Lender of any sum in an amount less than the sum due shall be deemed an acceptance on account and shall
<br />not constitute a waiver.
<br />11. Assignment of Rents and Possession. As additional security for any or all of the obligations contained in this Agreement, Borrower hereby assigns and gives
<br />a security interest to the Lender in any or all present, future, or after arising rents or leases in the described premises. It shall not be necessary forthe Lendertotake
<br />actual or constructive possession or control of the real estate or rents related thereto, to secure the appointment of a receiver or to take any action tantamount to
<br />taking of such possession or control. Borrower acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Lender is entitled
<br />to notify any of Borrower's tenants to make payment of rents due or to become due to Lender. However, Lender agrees that only on default will Lender notify
<br />Borrower or Borrower's tenants and make demand that all future rents be paid directly to Lender. On receiving the notice of default, Borrowerwill endorse and deliver
<br />to Lender any payments of rent in Borrower's possession. The Lender may enforce the security interest in rents and leases in any manner allowed by law. Borrower
<br />will promptly provide Lender with true and correct copies of all existing and future Leases. Borrower may collect, receive, enjoy and use the rents so long as
<br />Borrower is not in default. Borrower will not collect in advance any rents due in future lease periods, unless Borrower first obtains Lender's written consent. Upon
<br />default, Borrower will receive any rents in trust for Lender and Borrower will not commingle the rents with any other funds. The Lender has discretion to usethe rents
<br />and profits for the purposes of paying any accounts or debts mentioned under this Trust Deed, if said accounts or debts are not paid by Borrower. Lender shall also
<br />have the right to apply such rents to any costs of management of the property and costs related to the collection of rents, including, but not limited to, receiver's fees,
<br />premiums on receiver's bonds and reasonable attorney's fees.
<br />12. Transfer of Real Property. If the Borrower should, without written consent of the Lender, sell, transfer encumber or alienate the real property or any part
<br />thereof, whether voluntary or involuntarily, then the Lender shall have the right to declare all indebtedness and obligations secured by this Trust Deed, immediately
<br />due and payable. No secondary financing of any kind shall be allowed with respect to the real property without written approval of the Lender, provided such approval
<br />shall not be unreasonably withheld.
<br />13. Remedies Cumulative. All remedies provided in this Trust Deed are distinct and cumulative to any other right or remedy under this Trust Deed or afforded by
<br />law or equity and may be exercised concurrently, independently or successively.
<br />14. Default and Remedies. As expressly agreed by Borrower, in the event of Borrower's failure to comply with each and all of the conditions in this Trust Deed or
<br />Note or any other instruments affecting the loan secured hereby, time being of the essence, then the full amount secured hereby shall become due and collectible at
<br />once and the whole indebtedness shall bear interest at the highest legal rate not to exceed twenty (20) per cent. The Lender shall have the right to proceed to
<br />enforce the liquidation, which is secured herein, by mortgage foreclosure or Trustee's Sale without further notice other than provided by Nebraska law. The Borrower
<br />will have those remedies and only those remedies, available under Nebraska law or specifically mentioned in this Trust Deed. In the event default occurs and
<br />Borrower has the right to and does elect to cure the default in accordance with the Farm Homestead Protection Act, Borrower will pay Lender reasonable attorneys
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