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DEED OF TRUST 2 p 10 � 9 6 9 4
<br />Loan No: 70923733$ (Continued) Page �
<br />DATE HEREWITH. ANY EVENT QP bEFAULT UNDER THE CONS7RUC710N LOAN AGREEMENT, OR ANY pF TH� RELATED DOCUM�NTS
<br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF 7RUST. THIS DEED OF TRUS7 15 GIVEN AND
<br />ACCEPTED DN THE FpLLpWING TERMS:
<br />TRUSTOR'S REPRESENTATI�NS AND WARRANTIES. Trustor warrants thar. (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender, (b) Trustor has the full power, right, and authority to enter into this baed of Trust and to hypotheCate the
<br />Property; (c) the provisipns of this Deed of Trust do not conflict with, or result in a default under any agreement or ather instrument
<br />binding upon 7rustvr and do not result in a violation of any law, regulation, court dacree or order applicable to Trustor; (d) Trustor has
<br />established adequate means ot obtaining from Borrower on a continuing basis information a6out Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl.
<br />TRUSTOR'S WAIVER5. 7rustor weives all rights or defensas arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a pnwer of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of Trus#, and the Related Documents.
<br />CONSTRUCTION IVIQRTGAGE. This Deed of Trust is s"construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the
<br />Uniform Commercial Code, as those sections have been adopted by the State of Nebraska.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Bvrrower and Trustor agree that 8orrower's and Trustor's possessian and use of
<br />the Property shall be gaverned by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Defeult, Trustor may (1) remain in possession and control af the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty tn Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustnr represents and warrants ta Lender that: (1) Puring the periad of Trustor's ownership
<br />of the Property, there has been no use, generation, manufactura, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor 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 of any
<br />Hazardous 5ubstance on, under, about or from the Property by any prior owners or occupants of the Property, ar (c) any actual or
<br />Threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as praviously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or othsr au#horized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Prvperty;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, ragulations end
<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 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 ta 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. 7rustor
<br />hereby (1) releases and waives any future claims against Lender far indemnity or con[ribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agreas to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section af the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened relsase occurring prior to 7rustar'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 of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction end reconveyance of the lien of this Deed of Trust and shsll not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shell not cause, conduct vr permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality af the foregoing, Trustor will not remove, or grant to
<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 />Removal of Imprvvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the remvval nf any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvemenis of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasnnable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions vf
<br />this Deed of Trust,
<br />Compliance with Governmental Hequirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all gavernmental authorities applica6le 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 dving so and so long as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeapardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactnry to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the f'roperty. Trustor shall do all other acts, in addition to
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