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L.oan No: 90'1237326 D E Co � nued) 2 010 0 9 6� G Page 2
<br />DATE HEREWITH. ANY EVENT OF PEFAULt UNDER THE CONSTRUCTION I.OAN AGREEMENT, OR ANY OF THE RELATED DOCUMENT5
<br />REFERRED TO THEREIN, 5HALL ALSO BE AN EVENT OF DEFAUI.'C UNDER THIS DEED OF TRUST. THIS DE�D pF TRUST IS GIVEN ANb
<br />ACCEPTEU ON THE FOI.I,OWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lendar; (b) Trustnr has the full power, right, and authority to enter into this Deed'of Ttust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulativn, court decree or order applicable to Trustor; (dl Trustor has
<br />esteblished adequate means of obtaining from Borrower on a continuing besis information about BorrowBr'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 WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" ar "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 6y
<br />exercise of a power af sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and TrusYOr 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 Trust, and the Related Documents.
<br />CONSTRUC710N MQR7GAGE. This Deed of Trust is a"avnstruction mortgage" far the purposes of Sections 9-334 and 2A-309 of the
<br />Uniform Commercial Code, as those sections have been adopted by the 5tate of Nebraska.
<br />P05SE5510N AND MAIN7ENANCE OF THE PROPERTY. 6orrower and Trustor agree that 6orrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and lJse. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of tha Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />17uty ta Maintain. Trustor shall maintain the Property in tenantable conditivn and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Envirnnmental Laws. Trustor represents and warrants to Lender that: (1) �uring the period of Trustor's ownership
<br />vf the Property, there has been no use, generation, manufacture, stnrage, treatment, disposal, relaase ar threatened release of any
<br />Hazardous Substance by any persan 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 L.aws, (b) any use, generation, manufacture, storage, treatment, 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, ar (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such metters; 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 Hazardous Substance on, under, about or from the I'roperty;
<br />and (6) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including withvut 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 inspectians 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 Hazardvus Substances. Trustor
<br />hereby (1) releases and waivas 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, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting frnm a
<br />breach of this saction of the Deed of Trust or as a consequence of any use, ganeration, manufacture, storage, dispasel, release or
<br />threatenad release occurring prior to Trustor'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 besd of Trust, including the obligatian to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfactian and reconveyance 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, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any partinn of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timper, minerals (including oil and gas1, coal, clay, scoria, soil, gravel or rock prnducts
<br />without Lender's prior written consent.
<br />Remoual of improvaments. Trustor shall nat demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consant. As e condition to the removal af 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 agen#s end representatives may enter upon the Real Property at all reasonable times to
<br />attand to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />Compliance 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 ths use or occupancy of the Property, including without limitation, tha
<br />Americans With bisabilities Act. Trustor may contes# in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any procaeding, 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 Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended The Proper#y. "frustar shall do all other acts, in addition to
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