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DEED OF TRUST
<br />(Continued) 200207056 Page
<br />sale.
<br />PAYMENT AND PERFORMANCE Except as otherwise provided In this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />Mls Dead of Trust as It beeonres due, and Borrower and Trustor shall subtly perform all their respective obligations under the Credit Agreement,
<br />this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrowers and Truslora possession and use of the
<br />Property Shall be governed by the folOw rig provisions .
<br />assassination and Use. Until the occurrence of an Event Of Default Truster may (t ) remain in possession and control of the Proparry l (2)
<br />e, operate or manage Me Property) and (3) collect Me Rents four the Reports,
<br />Duty to Moral Truster shall maintain Me Property In gntl condition and promptly perform all reports replacements, and maintenance
<br />necessary to preserve Its value_
<br />Compliance With Environmental Laws. Trustor represents and warrants to Leader that (1) During Me period of Trusters counsel of
<br />the PropeM, Marc has been no use generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any persen on, untler, about or from Me Property (2) into has no knowledge Of, or reason to belays that there has been,
<br />sport as Previously dlsdnetl to and acknowledged by Lender In writing, (a) any breach or violation of any Environmental laws, (b) any
<br />e, generation, manufacture, storage, treatment, disposal, release 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 (o) any actual or threatened litigation or claim of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged ey Lander in writing, (a) neither Trustor nor
<br />any tenets connector, agent or other authorized user of Me Property shall use. generate, manufacture treat dispose of or release any
<br />Hazardous Substance On, under, about Or from the Property; and (b) any such activity shall W conducted In Cohn once with all applicable
<br />federal, state, and local laws, regulations and ordlrences, Including without Imitation all Ena mmental Laws. Trustor authorities Lender and
<br />its agents to enter upon Me Property to make such inapeotions and take, at Trusters expense, as Lender may soon appropriate to
<br />determine compliance of the Property win this section of the Deed of Trust. Any iospectlons or pasts 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 10 Trustor or l,0 any ether person. The
<br />representations and w remiss contained herein are based on Trusters due diligence In investigating the Property for Hazardous
<br />enl Trader by s and na�tNes for ne rl l event a e
<br />beoes iable forCleanu or When costs underav Such 1 waiand (2) agrees ntlm t dhold harmlessLender against any and all
<br />claims Imi liabilities, damages penalties and expenses morch Lender may directly or IMlreclly sustain or suffer resulting from a breach
<br />of this eastern of the Deed of Trust or as a conseguodri of any free generation, manufacture, storage, dls{gsh, release or threatened
<br />release occurring prior he Threads Ownership or Interest in the Property , whether or not the same was or Should have been known W Trustor.
<br />The provisions of this section of the Dead of Trust, including the obligation to indemnify, shall Survive Me payment Of the Indebtedness and
<br />Me satisfaction and reconversion of the lien of cols Dead W Trust and anal not be affected by Lenders acquisition ref any Inmrest in the
<br />Prepare, whether by foreclosure or currencies
<br />Nuisance, Wash. Tmstor shall not cause, conduct or pusnot any nuisance nor comma, permit or suffer any stripping at or waste on or to
<br />the Property or any podlon of the Property. Without limiting the generality Of the foregoing, Tmstor Net not remove, or grant to any Other
<br />party the right to remove, any timber, minerals (including al and gas), coal, clay, scone, sot, gravel or rook products warrant Lender's prior
<br />"upon consent.
<br />Removal of Improvements. Truster shall not demolish or remove any Improvements tram the Real Property without Lender 'a prior written
<br />consent As a condsled W Me removal of any Improvements, Lender may Occulrs Trustor to make arrangements salisfecrory to Lender to
<br />replace such Improvements wpm Improvements of at east door l value
<br />Lender's Right to Enter. Lender and Lender a agents and refusaonlatives may enter open the Real Property at all reasonable times b
<br />apentl to Lender's Interests and to'mspecuhe Road PropeM1y for purposes of Truster 'a compliance wM to terms and conditions of this Deed
<br />of Trust
<br />Compliance with Governmental Requirements. Trustor shall promptly comply %ith all laws, ordinances, and regulation, row or hereafter
<br />in elect, of all governmental authorities applicable to Me use or occupancy of the Properly. Trustor may moors in good farm any such law,
<br />chartered, Or regulation and Withhold compliance during any prooeming, including appropriate appeals, s0 land as Trustor has owned
<br />Lender in writing firer to doing so and so long as in Lender's sole opinion, lenders Interests In the Property me not leopechar Lender
<br />trey require Trustor to Port adequate Specify or a surety bond reasonably satisfactory to Lentler, to protect Lenders Interest.
<br />Duly to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor Shall d0 all other acts, in additlon to those
<br />acs set bnM1 above in this section, which from the character and use of the PropeM are reasonably necessary to protect and preserve the
<br />Progeny
<br />DUE ON SALE - CONSENT BY LENDER. Lender may at Lenders option, declare. Mandatory due and payable all sums seemed by this Deed
<br />of Trust upon the sale or transleL without Lender's prior written consent of all or any pad of the Real Federated, or any interest In Me Real Property.
<br />A "sale Or transfer means the cnoveyarms Of Real Property or any right title or Interest In the That Property; whether legal, beneficial or equitable)
<br />whether voluntary Cr Involuntary ) whether by outright sale, dean Instillment sale contract land centered, contract for read, Ieasaseld interest with
<br />a term greater than three (3) years, lease option contract or by sale, assignment, or transfer of any beneficial inlmast in or to any lend trust
<br />holding use to Me Real PropeM, or by any other method Of conveyance of an 'Interest in the Real Property. However, this option shall nor be
<br />exercir by Lender if such exercise Is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions fell to Me taxes and (lens on the PropeM are pan of this Deed W Trust:
<br />Payment. Trustor shall pay when due (and In all wane prior to delinquency) all taxes, special taxes, assessments, reamers (including water
<br />and seven, foes and impestr ns levied against or on account of the wrpeny, and shall pay when due all claims for work done on Or for
<br />services
<br />terest
<br />rendered or maWrbl furnished to Me Porosity. Trustor shall maintain the Property free of all liens having postal over Or equal to the
<br />merest of below, and under except Geed of Trust, except for the Ilan of ruses and assessments not tlue, except for Me Existing Indebtedness
<br />referred to below, antl except es otM1envise provided in MIS Deed of Trust.
<br />Right to Contest Truser may withhold payment of any tax, assessment, or man in connection with a good faith dispute over Me obligation
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