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DEED OF TRUST
<br />Loan No: 10'1237077 (Continued) 2 O 10 0 9 4 8 3 ��'as� z
<br />PROPEFiTY, IS GIVEN TO SECURE IA► PAYMENT OF TWE INDEBTEDNESS AND (B) PERFQRMANCE QF ANY AND ALL OBLIGA7IQNS
<br />UNqER THE NOt�, THE RELAtED DOCUMENTS, AND THIS DEED bF TRUST. TWIS DEED OF tRUST IS GIVEN AND ACCEP7�D ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise pravided in this Daed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all oF Trustor's obligations under the Note, this
<br />Deed af 7rust, end the Related Documents.
<br />PQSS�SSION AND MAIN7ENANCE OF THE PROPERTY. 7rustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession end Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Praperty;
<br />(2) use, operate or manage the Property; and (3) collect the Rents frpm the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />main#enence necessary to presarve its value.
<br />Complience With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Trustor's ownership
<br />of the Property, there has bean no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person pn, under, about br from the Property; (21 Trustor has np knowledge of, or reasan to believe
<br />that there has been, except as praviously disclosed to end acknowledged by Lender in writing, (a) any breach or violation of any
<br />�nvironmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous 5ubstance on, under, ebaut or from the Praperty by any prior pwners or occupants of the Property, or (c) any actual or
<br />threatened litigation nr claims of any kind �y any person relating to such matters; and (3) Except as previousty disclosed to and
<br />acknpwledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or ather authorized usar of the Property
<br />shall use, generate, manufacture, store, treat, dispase 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 ell applicable federal, stete, and local laws, regulations 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 expense, as Lender may deem appropriate to determine compliance of the f'roperty
<br />with this section af the Deed of Trust. Any inspections ar tests made by Lander shall be for Lendar's purposes only and shall not be
<br />cvnstrued to create any reaponsibility or liability an the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustar becames liable for
<br />cleanwp or other costs under eny 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 frpm a
<br />breach of this section of the Dead af Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatenad release occurring pripr to Trustar's ownership or interest in the I'roperty, whether or not the s�me was or shauld have
<br />been known to 7rustor. The provisions of this section of the L7eed at Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of tha Indebtedness and the satisfaction and recanveyance of the lien of 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. Trustor shall not cause, canduct or permit any nuisance nor commit, permit, ar suffer any stripping of or waste on
<br />or to the Property or any portion af the Proparty. Withnut limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, gravel ar rock products
<br />without Lender's prior written consent.
<br />Fiemoval of Impravaments. Trustor shall not demolish or remove any Improvements from the Real Property without Lsnder'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 ta replace such Improvements with Imprpvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's sgents and representetives may enter upon the Real Property at all reasonable times ta
<br />attend to Lender's interests and to inspect the Real Property for purppses of Trustar's complianca with the terms and conditians of
<br />this Deed of Trust.
<br />Compliance with Governmental Requirements. 7rustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, af all governmental authorities applicable to the use or occupancy of the Property, including without limitatipn, the
<br />Americans With Disabilities Act. Trustar may contest in good faith any such law, ordinance, or regulation and withhqld compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing sa and so long es,
<br />in Lender's sole opinion, Lender's interests in the Proparty ere not jeopardized. Lender may require Trustor to past adequate security
<br />or s surety bond, reasonably satisfactory to Lender, tn protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Prnperty. 1'rustnr shall do all nther acts, in eddition to
<br />those acts set forth abave in this section, which from the character and use of the Property are reasonsbly necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - C�NSENT BY LENDER. Lender may, at Lender's option, declare immediately due and psyable all sums secured by this
<br />l7eed of Trust upon the sale or transfer, without Lender's prior written cansent, of all or eny part of the Real Proparty, or any interest in the
<br />Real Property. A"sale or transfer" means the conveyance of Real Prnperty or any right, title or intarest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sele, deed, ins#allment sale contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (3) years, leasa-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 other method af conveyance of an interest in the Real
<br />Property. Wowever, this optipn 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 tp the taxes and liens on the Property are part of this Deed of 7rust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all texes, special taxes, assessments, charges (including
<br />water and sewer), fines and impositions levied against or on account of the Property, and shell pay when due all claims tor work dane
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