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DEED OF TRUST
<br />Loan No: 101235847 (Cont�nuedl 2 410 0 8 4 2�. Page 2
<br />sacured by this Deed of Trust as it becomes due, and Borrower and Trustor shal) perform all their respective obligations under the Nnte,
<br />this Deed af 1'rust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PRpPERTY. Borrower and 7rustor agree thet Barrnwer's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and cantrol pf tha Property;
<br />(2) use, operate or manage the Property; and (3) collact the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenanta6le condition and promptly perfprm all repairs, replacements, and
<br />maintenence necessary to preserve its value.
<br />Complienca With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />pf the Property, there has been nn use, generation, manufacture, storaga, treatment, disposal, release or threatenad release of any
<br />Hazardous Substance by any parson on, under, about or from the Property; (2) 7rustor has no knnwledga nf, or reason to believe
<br />that there has been, except as previausly disclosed to and acknowledged by Lender in writing, (a) any 6reach or violation of any
<br />Environmental Laws, Ib) any use, generetion, manufacture, storage, treatment, disppsal, release or threatened release of any
<br />Hazardnus 5ubstance on, under, about or from the Property by any prior owners pr occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of eny kind by any person relating tn such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, la) neither 7rustor npr any tenant, contractor, agent or other authorized user of the f'roperty
<br />shall use, generaxe,-manufacture, stora, treat, dispqse of Dr release any Hazardous Substence on, under, about or from the Property;_
<br />and (b) any such activity shall be conducted in camplience with all applicable federal, state, end local laws, regulations and
<br />ordinances, including without limitatian all Envirnnmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />ta make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine complianca of the Property
<br />with this section of the Deed af 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 or liability on the part of Lender to Trustor or to any other person. The representatians and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releeses end waives any future claims against Lender for indemnity ar contribution in the event Trustor becnmas 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, losses, liabilitias, damages, penalties, and expenses which Lender may diractly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust ar es a consequence of any use, generation, manufacture, storage, dispasal, release or
<br />threatened release occurring prior ta 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 af the Deed of Trust, including the obligatipn to indemnify and defend, shall
<br />survive the payment af the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lendar's acquisition of any interast in the Property, whether by foreclnsure or otherwise.
<br />Nuisance, Waste. Trustar shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping nf pr wes#e on
<br />or to the Property or any portion of the Property. Without limiting the generality af tha foregoing, Trustor will not remove, or grant to
<br />any othar party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />withput Lender's prior written consent.
<br />Remnval of Improvements. Trustor shall not demolish or remove any Improvements from the Real Prppsrty 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 Imprpvements with Improvements of at least equal value.
<br />l.ender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at ell raasonable times to
<br />ettend to Lender's interests and to inspect the Real Property for purppses of Trustor's compliance with the terms and conditions of
<br />this Deed of 7rust.
<br />Compliance with Governmental Requirements. 7rustor shall promptly comply with all laws, ordinances, and regulations, now pr
<br />hereafter in effect, of all governmental authorities applicable to the use nr occupancy af the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith eny such law, ordinance, or regulation end withhold compliance
<br />during any proceeding, including appropriate appaals, sn Ipng as Trustor has notified Lender in writing prior to. doin.g sa.and sa.lang ss,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopsrdizad. Lender may require Trustor to post adequate security
<br />or a surety bond, reasanably satisfactory to Lender, to prntect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustnr shsll do all other acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Prpperty are reasonably necessary to protect and
<br />presarve the Property.
<br />DUE QN SALE , CONSENT BY I.ENDER. Lender may, at Lender's optian, declere 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 Prpperty, or any interest in the
<br />Real Property. A"sale or transfer" means the conveyance pf Real Property or any right, title or interest in the Real Property; whether legal,
<br />beneficial pr equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br />for daed, leasehold interest with a term greater than three (31 yeers, lease-option contract, or by sale, assignment, or transfer of any
<br />beneficial interest in or to eny land trust holding title to ths Real Property, or by any other method of conveyance of an interest in the Real
<br />Property. Wowever, this option shall not be exercised by Lender if such exercise is prohibited k�y federal law or by Nebraska law.
<br />TAXES ANb LIENS. The fallpwing provisions relating tn the taxes and liens on the Property are part nf this Deed of Trust:
<br />Payment. 7rustor shall pey when due (and in all events prior to delinquency) all taxes, special tsxes, 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 />an pr for services rendered or material furnished to the Property. Trustor shall maintein the Property free of all liens having priority
<br />over or equal to the interest af Lender under this Deed of 7rust, 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, sssessment, or claim in connection with s good faith dispute over the
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