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DEED OF TRUST
<br />Loan No: 5112583 200206572 (Continued) Paige 2
<br />any tenant, :contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, disposeof or release any
<br />Hazardous Substance on, under, about or from the Property; and (p) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without fimitation all Environmental Laws. Trustor authorizes Lender and
<br />its .agents to enter upon the Property to ,make such inspections and tests, at Trustors expense,. as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Anytnpspections 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 me pert of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustoes due diligence in investigating the Property for 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 Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
<br />of this section of the Deed of Trust or as a consequence of any use, generation; manufacture, storage, disposal, release or threatened
<br />' release occurring prior to Trustoes ownership or Interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, Including the obligation to indemnity, shall survive the payment of the Indebtedness and
<br />the 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
<br />Property, whether by foreclosure or otherwise.
<br />, Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
<br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or 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 written
<br />consent. As a condition to the removal of any Improvements, Lender may require Trustor 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 Yo
<br />attend to Lender's Interests and to inspect the Real Property for purposes of Trustoes 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 governments] 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 Trustor has notified Lander in writing prior to doing so and so long as, In lender's sole opinion,
<br />Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably
<br />satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property Trustor shall do all other acts 4n addition to those
<br />acts set forth above in this section, which from the character and use of the Properly 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 Deed
<br />of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Reel Properly, or any interest in the Real Property.
<br />A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Reel Property; whether legal, beneficial or equitable;
<br />.whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, 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 tifle to the Real Property, or by any other method of conveyance of an interest in the Real Property:. If any Trustor Is .a corporation,
<br />partnership or limited liability company, transfer also includes any change in ownership of more than twenty -five percent (25 %) of the voting
<br />stock, partnership interests or limited liability company interests, as the case may be, of such Trustor. However, this option shall not be exercised
<br />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 fiens 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 taxes, 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 materiel furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the
<br />interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this
<br />Deed of Trust. ,
<br />, Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation
<br />to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as aresult of nonpayment, Trustor shall within
<br />fifteen (15) days after the lien arises or, If alien is filed, within fifteen (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 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 charges that could accrue as a result of a foreclosure or
<br />sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against
<br />the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
<br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and: assessments against the
<br />Properly.
<br />Notice of Construction. Trustor shall nobly 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 the work,
<br />services, or materials. Trustor will .upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and
<br />will pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property area part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
<br />a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure and maintain comprehensive
<br />general liability Insurance in such 8overage amounts as Lender may request With Trustee and Lender being: named as addtibnal.Insureds in
<br />such liability Insurance policies. Additionally, Trustor shall maintain such other insurance,' including but not limited to hazard, business
<br />.interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written inform, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations
<br />that coverages will not be 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, omission or default of
<br />Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency
<br />Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45
<br />days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan
<br />and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as
<br />otherwise required by Lender, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify of any loss or damage to the Property, Lender may make proof of loss if
<br />' Trustor fails to do so within fifteen (15)' days 'of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election,
<br />receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the indebtedness, payment of any lien affecting
<br />the Propertyi or the restoration and'repair of-the Property.' If Lender elects to apply the proceeds 'to restoration and repair, Trustor shall
<br />' `repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such
<br />expenditure; pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not In default under this
<br />Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which tender has not committed to the
<br />repair or restoration of the Prop" shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued
<br />.interest, and the remainder, Wany 'shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment
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