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<br />200901251 <br /> <br />interest, if not sooner paid, shall be due and payable on the 1st day of November, 2010, and for <br />the purpose of further securing the terms of agreements related in the closing of the loan <br />transaction including but not limited to Environmental Indemnity Agreement, and Assignments <br />of Leases and Rents. <br /> <br />Trustor and Beneficiary covenant and agree as follows: <br /> <br />1. Warranty of Title. Trustor is lawfully seized of the Property; it has good right and <br />lawful authority to sell and convey the Property; the Property is free and clear of all liens and <br />encumbrances other than this Trust Deed in the amount of $3,609,336.00 in favor of Wells Fargo <br />Bank, National Association; and Trustor will warrant and defend the title to the Property unto the <br />Trustee and its successors and assigns forever, against the claims of all persons. Trustor, at its <br />expense, will maintain and preserve the lien of this Trust Deed as a first lien upon the Trust <br />Property will cause this Trust Deed, and each amendment or supplement thereto, to be filed and <br />recorded as a mortgage of the Trust Property in such manner and in such place, and will take <br />such other action as in the opinion of Trustee may be required by any present or future law in <br />order to perfect, maintain and protect the lien of this Trust Deed, as the same may be from time <br />to time amended or supplemented. <br /> <br />2. Payment of Principal and Interest. Trustor shall punctually pay the principal of, <br />and interest on, said promissory note including any advances thereto as provided herein on the <br />dates and at the place and in the manner provided therein and will punctually perfonn all <br />agreements, conditions and provisions of any other security instrument given in connection with <br />this transaction. <br /> <br />3. Preservation and Maintenance of Property. Trustor will not commit any waste <br />upon the Property and will, at all time, maintain the same in good order and condition and will, <br />at all times, make, from time to time, all repairs, renewals, replacements, additions and <br />improvements which are reasonably required to prevent waste, impainnent, or deterioration of <br />said property. <br /> <br />4. Non Profit Corporation Trustor. If Trustor is a Non Profit Corporation, it will do <br />all things necessary to preserve its Non Profit Corporation existence, rights and privileges under <br />the laws of the State of Nebraska. <br /> <br />5. Taxes. Assessments and Insurance. Trustor shall pay all taxes and special <br />assessments levied or assessed against or due upon the Property before delinquency, and will <br />deliver to Beneficiary copies of receipts showing payment of such taxes and special assessments. <br />Trustor shall cause the Property to be insured against loss of fire or other casualty and shall cause <br />Beneficiary to be named as a loss payee on such policy of insurance. If Beneficiary shall so <br />request, Trustor agrees that there shall be added to each periodic payment required to be made <br />hereunder an amount estimated by Trustee to be sufficient to enable Trustor to pay, at least 30 <br />days before delinquency, all taxes, assessments or other public charges against the Trust <br />Property, the Note secured by this Trust Deed, or upon account of the debt or the lien of this <br /> <br />2 <br />