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DEED OF TRUST � o i o ,� � s�� Page 2
<br />Loan No: 109237266 (Continued)
<br />Possessinn and Use. Until the occurrence of an �vent of Default, Trustor may (1) remain in possession and control nf the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents trom the Property.
<br />Duty to Maintain. Trustar shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintanance necessary to preserve its value.
<br />Compliance With Environmental Laws. 7rustor represents and warrants to Lander that: (1) During the period nf Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, stvrage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (21 Trustor has no knowledge of, or reasvn #o 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, trestment, 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 (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 Trus#or nor any tenant, contractor, agent nr other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about ar 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. Trustor authorizes Lender and its agents to enter upon the Property
<br />to meke such inspections and tests, at Trustor's expense, as Lender may deem appropriate to datermine 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 or liability on 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 7rustor 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, Iosses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain pr suffer resulting from a
<br />breach of this section of the Deed of l"rust or as a consequence of any use, generation, manufacture, storage, disposal, release ar
<br />threatened release occurring prior to 7rustor's ownership or interest in the Property, whether or not the same was or should have
<br />6een known to Trustor. The provisions of this section of the beed of Trust, including the obligation tn 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 />affected by Lender's acquisition of any interest in the Praperty, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, vr suffer any stripping of or waste on
<br />or to the Property or any portion af the Property. Without limiting the generality of the faregoing, Trustor will not remave, or grant to
<br />any other party the right tv r�move, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, graval or rock products
<br />without Lender's prior written consent.
<br />Removai of Improvements. l'rustar shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a conditipn to the removal of any Imprqvements, Lender may require Trustor to make arrangaments satisfactory
<br />to Lender to replace such Imprpvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lander'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 Property for purpnses of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compiiance with Governmental Requirements. Trustor shall promptly comply 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, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Trustor 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 7rustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lendar'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 frnm the character and use of the Property are reasonably necessary to protect and
<br />preserve the Prpperty.
<br />DUE QN SALE - CONSENT BY LENDER. Lender may, at Lender's option, declere immediately due and payable all sums secured by this
<br />beed 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 Property or any right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether volun[ary 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, lease-aption 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 of conveyance of an interest in the Real
<br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAX@5 ANp LIENS. The following provisions ralating to the taxes and liens an the Property are part of this Deed ot Trust:
<br />Payment. Trustor shall pay when due (and in sll 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 shall pay when due all claims for work done
<br />an or for services rendered or material fumished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed af Trust, except tor 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 Prpperty 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 erises or, if a lien is filed, within fitteen (15) days after Trustor 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
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or ather charges
<br />that could accrue as a result af a foreclosure or sale under the lien. In any contest, 7rustar shall defend itself and Lender and shall
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