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Loan No: 101229073 DE ConUt nued)ST ~ 010 019 0 ~. Pa9e 2 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. PQSSESSIQN AND MAINTENANCE bF TWE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the Prpperty shall be governed by the following provisions: Possession end Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Prpperty; 12- use, operate or manage the Property; and 131 collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition end promptly perform ail repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, 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 of, pr reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, Ib- 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 occupants of the Property, or Ic1 any actual or threatened litigatipn or claims of any kind by any person relating to such matters; and i3- Except as previously disclosed to and acknowledged by Lender in writing, la1 neither 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 Ib) 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 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 pf the Deed of Trust. Any inspections ar 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 ether person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws; and 121 agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly ar 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 prior to Trustor's ownership pr interest in the Property, whether pr 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 and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall opt be affected by Lender's acquisition of any interest in the Property, whether by forecipsure or otherwise. Nuisance, Wes#e. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, ar suffer any stripping of or waste an pr to the Property or any portion of the Prpperty. 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 ail and gas-, coal, clay, scoria, soil, gravel nr rock products without Lender's prior written consent. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Prpperty without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lander to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and cpnditions of this Deed of trust. ___ __._ Cgp'loliancp with ._Govarnmentpt.Requiretnents_ Truster shall promptly. comply with all laws, ordinances, and regulations now or hereafter in effect, of all governmental authpritias applicable to the use or occupancy of the Property, including without limitation, the Americans With bisabilities Act. Trustor may contest in goad faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long es Trustor has notified Lender in writing prier to doing so and so long as, in Lender's sole ppinipn, Lender's interests in the Prpperty are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Trustor agrees neither to abandon or leave unattended the Prpperty. Trustor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use pf the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all pr any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Reai Property; whether legal, beneficial or equitable; whether vpluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 13- years, lease-option contract, or by sale, assignment, or transfer of any 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 Prpperty. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Truster. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law, TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property era part of this Deed of Trust: Payment. Trustor shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer, fines and impositions levied against or on account of the Property, and shall pay when due all claims for wprk done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust.