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DEED OF TRUST
<br />Loan No: 909237218 (Continued) � O♦ O O n� c� Page 2
<br />1 .7 :!
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Mazardous Substance by any parson on, under, about or from the Property; (2) 7rustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release df any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) 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, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Fiazardous Substance on, under, about or from the Property;
<br />and (b1 any such activity shall be conducted in compliance with all appliceble federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Enviranmental Laws. Trustor authorizes Lender and its agents ta enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this sectian af the Deed of Trust. Any inspections or tests mada by Lender shall be for Lender's purposes only and shall not be
<br />canstrued to create any responsibility or liability on the part pf Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trus#or's due diligence in investigating the Property for Hazardous 5ubstances. Trustor
<br />hereby f1) relesses 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, losses, liabilities, damages, penslties, 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 pravisions ot 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 lien of this Dead af Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or atherwisa.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffar any stripping of or waste on
<br />or to the Property or any portion of the Prnperty. Without limiting the generality of the foregoing, Trustor will not remove, or grant ta
<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 />Rerooval of Improvements. 7rustor 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 representa#iveS may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property fpr purposes of Trustor's compliance with the terms and canditions ot
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly camply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. 7rustor may contest in good
<br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as
<br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are
<br />not jeopardized. Lender may require Trustar to post adequate security or a surety bond, raasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor 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 />pUE pN SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable sll sums secured by this
<br />Deed of Trust upon the sale_ transfer, withou# Lender's prior writtencor+sent, af all or any part of the Real Property, or any interest in tha
<br />Real Property. A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Proparty; whether legal,
<br />6eneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, laase-option contract, or by sale, assignment, or transfer pf any
<br />beneficial interest in or to any land trust holding title to tha Real Property, or by any other method of conveyance pf an interest in the Real
<br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited 6y 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 (and in all avents 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 dona
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priprity
<br />over or equal ta the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments nnt 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 gpod faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after 7rustor has nptice 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
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />that could accrue as a result of a foredosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
<br />satisfy any adverse judgmant before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
<br />surety bpnd fumished in the contest proceedings.
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