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200210276 DEED OF TRUST Loan No: 775238 (Continued) Page 2 The Real Property or its address is commonly known as 3235 S LOCUST, GRAND ISLAND, NE. CROSS- COLLATERALIZATION. In addition to the Nnte, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now existing or hereafter ariding. whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Tractor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may became otherwise unenforceable. FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in Its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future advances lexcludiny Interest) exceed in the aggregate 3175,000.00. Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) All of Trustor's right, title, and interest in and to all present and future losses of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (it) Trustor has established adequate means of obtaining from Borrower on a continuing basis Information about Borrower's financial condition; and let Lender has made no representation to Trustor about Borrower ( including without limitation the creditworthiness of Borrower). TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any "one action" or anti - deficiency' law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or utter Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Truster's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may Of remain in possession and control of the Property; 12) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Truster represents and warrants to Lender that: it 1 During the period of Truster's ownership of the Property, there has been no use, generatinn, m nufacume, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge oL or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (al any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or cupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In wilting, (a) no ther Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes tender and its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, 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 shall be for Lender 'a purposes only and shell not be construed to create any responsibility or liability on the part of Lender to Theater or to any other person. The representations and warranties contained herein are based on Truster's due diligence In investigating the Property for Hazardous Substances. Tractor hereby it then releasea and wolves any future claims against Lander for indemnity or harmless L In the event Trustor becomes liable for cleanup or other costs under any such laws; and h agrees to indemnity and indirectly harmless Lender against any and all claims, losses, liabilities, damages, f Trust o and expenses which Lender may directly m indirectly sustain e, suffer resulting from a breech of this section of the Deed of Trust w era sequence m any use, generation, manufacture, storage, disposal, release or known to roster. as occurring prior to f this se ownership or interest in the Property, whether not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall shall survive the payment of the Indebtedness and the satisfaction whether re ve close of the lien of this Deed of Trust and shall not he affected by Lender s acquisition of any intorost In the Property, whether by foreclosure or otherwise. Nuisance. Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent