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D�ED OF TRUST
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<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed l�y the follnwing provisions:
<br />Rossessian and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possessinn and contrnl of the Property;
<br />(2) use, operate or manage the Prpperty; and (3) collect the Rents frpm the Prpperty.
<br />Duty to M�intain. Trustor shall maintain the Property in tenantable candition and promptly perform sll repairs, replacements, and
<br />rnaintenance necessary to preserve its value.
<br />Complience With Environmental Laws. Trustpr represents and warrants to Lander thet: 111 During the period af Trustor's ownership
<br />af the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person pn, under, about or frpm the Property; 12) Trustor has no knowledge af, or reason to believe
<br />that there has been, excapt as previously disclosed to and acknowledged by Lender in writing, (a) any braach or violation of any
<br />Envirqnmental l.aws, (b) any use, genarstion, manufacture, storage, traatment, disposal, release or threatened release of any
<br />Hazerdaus Substance on, under, about or trpm the Property by any prior owners or occupants ot the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such metters; and (3) Except as previously diaclased to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authprized user pf the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conduc#ed in compliance with all applicable federal, state, and local laws, ragulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's axpense, �s Lender may deem appropriate tn determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for l.ender's purpases only and shall not be
<br />construed to create any responsibility or liahility on the part af Lender to Trustor or to any other person. 7he reprasentations and
<br />warranties contained herein are based an Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hareby (1) 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 hermless Lender against any and alI
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />qreach of this section of the Deed nf Trust or as a consequence of any usa, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in ths Property, whether or not the same was ar should have
<br />been knawn to Trustor. The provisions of this sectipn of the Deed of 7rust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not 6e
<br />affectsd 6y Lender's acquisition af any interest in the Property, whether hy foreclosure or otherwise.
<br />Nuisanca, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of ar waste pn
<br />or to the Property or any partion of the Property. Without limiting the generali#y of the foregoing, Trustor will not remove, ar grant ta
<br />any other party the right ta remove, any timber, minerals Iincluding oil and gas►, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Remaval of Impravements. 7rustor shall not demalish or remave any Imprpvements frpm the Real Property without Lender's pripr
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactary
<br />to Lender ta replace such Improvemen#s with Improvements of at leas# equal value.-
<br />Lender's Right to Enter. Lander 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 Proper[y 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, ardinances, and regulations, now or
<br />hereafter in effect, of all gavernmental authorities appliceble to the use or occupancy of the Prpperty, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, ar regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, sa long as Trustar has notified Lender in writing prior to doing so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Propsrty ace not jeopardized. Lender may require Trustor to pnst adequate security
<br />or a surety bond, reasonably satisfactpry ta Lender, to protect Lender's interest.
<br />Duty to Prptect. Trustor agrees neithar to a6andon or leave unattended the property. Trustar 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 ere reasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, et Lender's optian, declare immediately due and payable alI sums secured by this
<br />peed of Trust upon the sale or transfer, without Lender's pripr written consent, of all or any part af the Real Property, or any interest in the
<br />Real Property. A"sale or transfer" meens the conveyance af Real Property or any right, title ar interest in the Real Property; whether legal,
<br />beneticial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installmant sale contract, land contract, contract
<br />for deed, leasehald interest with a term greater than three (3) years, le�se-option contract, or by sale, assignment, or transfer of any
<br />beneficial interest in or to any land trust holding title to the Real Property, or by any ather method af conveyance of an interest in the Real
<br />Property. If any Trustnr is a corporation, 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 Iiability company interests, as the case may be, of such
<br />Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by faderal 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 paed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquencyl all texes, special taxes, assessments, charges (including
<br />water and sewer►, tines and impositions levied against or on account of the Property, and shall pay when due all clai'ms for work done
<br />on or for services rendered or material furnished to the Prpperty. Trustor shall maintain the Prpperty free of all liens having priority
<br />over or equal to the interest af Lender under this Daed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold 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 Property is not jeopardized. If e lien arises or is filed as a rasult of nonpayment,
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