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DEFD OF TRUST
<br />Loan No: 101228353 ICantinued) 2 010 019 7 3 Pass ~
<br />Ppaseasion and Use. Until the occurrence of an Event of Default, Truator may 111 remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and 13) collect the Rents from the Property.
<br />Duty #p Maintain. Truator shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Envirpnmental Laws. Truator represents and warrants to Lender that: (1) During the period of Truator's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release ar threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; 121 Truator has no knowledge of, or reason to believe
<br />that there has been, except es previously disclosed to and acknowledged by Lender in writing, (al any breach pr viplation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Ic1 any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, Ia1 neither Truator nor any tenant, contraptar, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, tree#, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Truator authorizes Lender and its agents to enter upon the Prpperty
<br />to make such inspections and tests, at 7rustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />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
<br />construed to create any responsibility ar liability on the part of Lender to Truator or to any ether person. The representatipns and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Truator
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the avant Truator becomes liable fpr
<br />cleanup nr other costs under any such laws; and 121 agrees to indemnify, defend, and held harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly pr 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 Prpperty, whether nr oat the same was or should have
<br />been known to Truator. 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 reconveyance of the Ifen pf 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. Truator shall not cause, conduct or permit any nuisance nor commit, permit, ar suffer any stripping of or waste on
<br />or to the Property or any portion pf the Property. Without limiting the generality of the foregoing, Truator will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and goal, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior wri#ten consent.
<br />Removal of Improvemen#s. Truator 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 Truator 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 et all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustar's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Truator shall promptly comply with all Isws, ordinances, and regulations, now or
<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. Truator may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Truator has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Truator to past adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Truster agrees neither tp abandon or leave unattended the Property. Truster shall do all other acts, 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 />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 Prpperty or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary ar involuntary; whether by outright sale, deed, installment sale contract, lend contract, contrec#
<br />for deed, leasehold interest with a term greater than three 131 years, lease-option contract, or by sale, assignment, or transfer pf any
<br />beneficial interest in or to any land trust holding title to the Real Property, nr by any other method of conveyance of an interest in the Real
<br />Property. If any Truator is a corporatipn, partnership or limited liability company, transfer also includes any change in ownership of more
<br />than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
<br />Truator. 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 liana on the Property are part of this Deed of Trust
<br />Payment. Truator shall pay when duo land in all events prior to delinquency) all texas, special taxes, assessments, charges (including
<br />water and sewer, fines and impositions levied against or pn account of the Property, and shall pay when due all claims far work done
<br />on or for services rendered or material furnished to the Property. Truator shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not duo and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contes#. Truator may withheld payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Prpperty is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Truator shall within fifteen 115) days after the lien arises or, if a lien is filed, within fifteen 1151 days after Truator has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
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