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200214521 DEED OF TRUST Loan No: 776147 (Continued) Page 2 SYCAMORE, GRAND ISLAND, NE. CROSS- COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest , from. of Borrower to Lander, 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 nr hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or nut due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidemr] whether Borrower or Truster 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 become otherwise unenforceable. REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this Dead of Trust secures a revolving line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Note. Trustor presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Tructor's right, title, and interest In and to all present and future leases of the Property and all Rents from the Fir ... rly- In addition. Toaster grants to Lander a DOdorm Commeraal 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 (A) PAYMENT OF THE INDEBTEDNESS AND So 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. Trusser warrants than (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender, (b) Truster has the full power, right, and authority to enter into this Dead of Trust and to hypothecate the Property; Ic) the provisions of this Deed of Trust Jo not conflict with, or result in a default under any ageument or order Instrument binding upon Truster and do not result in a violation of any law, regulation, court decree or order applicable to Toaster; of 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. Trustor waives all rights or do (a rises 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 deflclonny, before Or after 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 Rust. 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 Decd of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Tractor'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, Trader may (1) remain a n possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the reports. 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. Trustor represents and warrants to Lender that: 11) During the period of Tructor's ownership of the Property, there has been n e, generation, manufacture storage, treatment. disposal, release or threatened releuse of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that inure has been, except as previously disclosed to and acknowledged by Lender in writing. (a) 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 awners or occupants of the Properly, 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 writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall ace, generate, oc nulacRVe, store, treat, dispose of or release. any Hazardous Substance on, under, about or from the Property; and E) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulannes and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender 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's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Irustur'a due diligence In investigating the Property for Hazardous Substances- Tractor hereby (1) mliones and waives any future claims against Lender for indemnity Or Contribution In the event Truster becomes liable for cleanup or other costs under any such laws; and 121 agrees to indemnify and hold harmless Lander against any and all claims, losses, liabilities, damages, penalties, and cxponses which Lender may directly or 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, release or threatened release occurring print to Trustor's ownership or interest In the Property, whether or not the same was or should have been known to Trustor. The pmviei es of this section of the Deed of Trust, Including the obligation to Indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconvoyance 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 or otherwise. Nuisance, Waste. Trustor shall net cause, conduct or permit any nuisance commit, permit, n suffer any stripping of n waste On ue gat nor aom or t0 the Property or any portion o the Property. Without s limiting in oil and g of the foregoing, or will not remove, Or grant to any other party the right to remove, any timber, minerals including OII end gas). caul, dpy, scoria, soih gravel or rock products without Lender's prior written consent.