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Loan No: 809931 DE Cv ~ nued)ST ~ O 0 ~ O `~ ~ ~ ~ Page 2
<br />hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, lasses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and recnnveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now ar
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing sn and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
<br />ar a surety band, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other eats, in addition to
<br />those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />Compliance with Lease. Trustor will pay all rents and will strictly observe and perform on a timely basis all other terms, covenants,
<br />and conditions of the Lease. Trustor will indemnify, defend, and hold Lender harmless against all losses, liabilities, actions, suits,
<br />proceedings, costs including attorneys' fees claims, demands, and damages whatsoever which may be incurred by reason of Trustor's
<br />failure to pay rents or strictly observe or perform under the Lease.
<br />Other Agreements Relating to the Lease. Trustor further agrees 111 not to surrender, terminate, or cancel the Lease, and 121 oat to
<br />modify, change, supplement, alter, or amend the Lease, either orally or in writing, without Lender's prior written consent. Any
<br />attempt by Trustor to do any of the foregoing without Lender's prior written consent will be void and of no farce and effect. At
<br />Lender's option, Trustor will deposit with Lender as further security all original documents relating to the Lease and the leasehold
<br />interest in the Property. Unless Trustor is in breach or default of any of the terms contained in this Deed of Trust, Lender will have no
<br />right to cancel, modify, change, supplement, alter or amend the leasehold interest. No estate in the Property, whether fee title to the
<br />leasehold premises, the leasehold estate, nr any subleasehold estate, will merge without Lender express written consent; rather these
<br />estates will remain separate and distinct, even if there is a union of these estates in the landlord, Trustor, or a third party who
<br />purchases or otherwise acquires the estates. Trustor further agrees that if Trustor acquires all or a portion of the fee simple title, or
<br />any other leasehold or subleasehold title to the Property, that title will, at Lender's option, immediately become subject to the terms of
<br />this Deed of Trust, and Trustor will execute, deliver and record all documents necessary or appropriate to assure that such title is
<br />secured by this Deed of Trust.
<br />Notices Relating to the Lease. Trustor will promptly notify Lender in writing:
<br />11) if Trustor is in default in the performance ar observance of any of the terms, covenants, or conditions which Trustor is to
<br />perform or observe under the Lease;
<br />(2) if any event occurs which would constitute a default under the Lease;
<br />131 if any notice of default is given to Trustor by the landlord under the Lease;
<br />(4) if, pursuant to the Lease, any proceeds received for the Property ere deposited with someone other than Lender, whether
<br />received from any insurance on the Property or from the taking of any or all of the Property by eminent domain; and
<br />(5) if any arbitration or appraisal proceedings are requested or instituted pursuant to the Lease.
<br />Trustor agrees to provide Lender promptly with a copy of all written materials relating to any of the above and to provide Lender with
<br />such other information as Lender may reasonably request. Trustor agrees that promptly after the execution and delivery of this Deed
<br />of Trust, Trustor will notify the landlord under the Lease in writing of the execution and delivery of this Deed of Trust and of the name
<br />and address of Lender and wilt deliver a copy of this Deed of Trust to the landlord.
<br />Option to Cure Lease Default. Upon Lender's receipt of any written notice of Trustnr's default under the Lease, Lender may, at
<br />Lender's option, cure such default, even though Trustor, or any party on behalf of Trustor, questions or denies the existence of such
<br />default or the nature of the default. Trustor expressly grants to Lender the absolute and immediate right to enter upon the Property to
<br />such extent and as often as Lender in it sole discretion deems necessary or desirable in order to prevent ar cure any such default by
<br />Truster.
<br />Reserve Account far Rents. Subject to any limitations set by applicable law, Lender may require Trustor to maintain with Lender
<br />reserves for payment of all rents, charges, fees, assessments, and other payments of any kind under the Lease, which reserves shall
<br />be created by advance payment or monthly payments of a sum estimated by Lander to be sufficient to produce, at least fifteen 1151
<br />days before due, amounts at least equal to the Lease payments tc be paid. If fifteen (15) days before payment is due the reserve
<br />funds are insufficient, Trustor shall upon demand of Lender pay any deficiency to Lender. The reserve funds shall 6e held by Lender
<br />as a general deposit from Trustor, which Lender may satisfy by payment of the Lease payments required to be paid by Trustor as they
<br />become due. Lender shall have the right to draw upon the reserve funds to pay such items, and Lender shall not be required to
<br />determine the validity or accuracy of any item before paying it. Nothing in the Deed of Trust shall be construed as requiring Lender to
<br />advance other monies for such purposes, and Lender shall not incur any liability for anything Lender may de or omit to do with respect
<br />to the reserve account. All amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is
<br />hereby authorized to withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of Default. Lender shall
<br />not be required to pay any interest or earnings on the reserve funds unless required by law ar agreed to by Lender in writing. Lender
<br />does not hold the reserve funds In trust for Trustor, and Lender is not the agent of Trustor for payment of the Lease payments
<br />required to be paid by Truster.
<br />DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary nr involuntary; whether by outright sale, dead, installment sale contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three 131 years, lease-option contract, or by sale, assignment, ar transfer of any
<br />beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
<br />nn or far services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
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