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<br />200708621
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<br />evidenced by suhsequent promissory notes, of either or hoth of the Trustors or the person named in this Trust Deed whose performance is secured
<br />by this Trust Deed, all of which will be secured by this Trust Deed, unless otherwise specified. However, in no event, shall the total amount
<br />secured hereby exceed the sum 01'$250,000.00 plus advances to protect the collateral and collect sums secured under this instrument.
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<br />5. Taxes alld IlIsurallce. Borrower will pay, before delinquency, all taxes and assessments that may hecome liens against the real
<br />property. Borrower further agrees to keep the property insured against loss, damage or fire with extended coverage to the amount of the full
<br />insurahle value on a replacement cost hasis (or less in the discretion of the Lender) with a Nehraska liccnsed insurance company. The policy shall
<br />have sueh endorsements to provide that loss of such insurance shall be payable to Lender. The Lender may require a policy evidencing this
<br />insurance and receipt for the payments of the premiums. The policy shall contain a provision requiring 30 days or more notice to Lender prior to
<br />cancellation or modification. Borrower shall give Lender evidence of renewal of the policy with premiums paid, 30 days or more heforc
<br />expiration. Borrower will not permit any condition to exist on the real property which would invalidate any insurance thereon. Lender shall not by
<br />the fact of approving, disapproving, accepting, preventing, ohtaining or failing to obtain any such insurance, incur any liability for the form or legal
<br />sufficiency of insurance contracts, solvency of insurers, or payment of losses and Borrower hereby expressly assumes full responsibility therefore
<br />and any liability, ifany, hereunder.
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<br />6. Maintenance of Property. Borrower shall keep the property in good repair lmd shall not commit waste or deterioration. No
<br />improvements shall be removed or structurally altered and no fixture which shall constitute an accessory to the property shall be removed without
<br />Trustee's approval. Borrower shall not permit any lien of any mechanic, materialman or any other statutory lien to attach to the property and shall
<br />comply with all laws affecting the property.
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<br />7. Hazardous Substances. The terms "hazardous waste", "hazardous substance", "disposal", "release", and "threatened release", as used
<br />in this Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act
<br />of 1980, as amended, 42 U.S.c. Section 960 I, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-
<br />499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.c. Section 1801, et seq., the Resource Conservation and Recovery Act, 49
<br />U.S.c. Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. Borrower
<br />represents and warrants to the Lender that: (a) During the period of Borrower's ownership of the Property, therc has been no use, generation,
<br />manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance hy any person on, under, or about the
<br />Property. (b) Borrower has no knowledge of, or rea~on to helieve that there has been, except as previously disposed to and acknowledged by
<br />Lender in writing (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or
<br />substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind hy any person relating to
<br />such matters. (c) Except as previously disclosed to and acknowledged by Lender in writing, (i) ncither Borrower nor any tenant, contractor, agent
<br />or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substlmce on,
<br />under or about the Property and (ii) any such activity shall be conducted in compliance with all applicahle federal, state, and local laws, regulations
<br />and ordinances, including without limitation those laws, regulations, and ordinances described above. Borrower authorizes Lender and its agents
<br />to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Propcrty with this
<br />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
<br />responsihility or liability on the part of I.ender to Borrower or to any other person. The representations and warranties contained hcrcin arc based
<br />on Borrower's due diligence in investigating the Property for hazardous waste. Borrower hereby (a) releases and waives any future claims against
<br />Lender for indemnity or contribution in the event Borrower hecomes liable for cleanup or other costs under any such laws, (b) agrees to indemnity
<br />and hold harmless Lender against any and all claims, losses, liabilitics, damages, penalties, lmd expenses which Lender may directly or indirectly
<br />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,
<br />disposal, release or threatened release occurring prior to Borrower's ownership or interest in the Property, whether or not the same was or should
<br />have been known to Borrower. The provisions of this section of the Deed of Trust, including the ohligation to indemnity, shall survive the
<br />payment of the indebtcdncss and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's
<br />acquisition of any interest in the Property, whether hy foreclosure or otherwise.
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<br />8. Ril!:ht of Entry. Lender may at any time without notice to Borrower, enter and inspect or protect the property in person or by its
<br />agent, in any manner as may be deemed reasonahle and necessary to protect the value of the property. Lender may undertake such repairs or
<br />maintenance as it deems necessary and the cost shall immediately hecome due and payahle to Lender and said amount shall be reimbursed in the
<br />same manner as provided for insurance and taxes. I .ender shall not he deemed to have waived its rights to declare default under this Trust Deed far
<br />failure to maintain the property correctly even though the Lender undertakes to perform such repairs and maintenancc.
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<br />9. Protection of Lender's Security. If Borrower fails to perform the agreements contained in this Trust Deed or if any proceedings are
<br />commenced which materially alTect Lender's interest in the rcal property including but not limited to eminent domain, bankruptcy, enforcement of
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