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D��D OF TRUST c7 ry
<br />Laan No: 101236483 (Cantinued) �G+ � 1 d��`�� Page 2
<br />TMIS DEED OF 7RUST. INCLUDING THE AS5IGNMENT pF RENTS AND THE SECURITY INTER�S7 IN THE RENTS AND PERSONAL
<br />PROPERTY, iS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDN�SS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNaER THE NOTE, THE RELATEP DpCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIV�N AND ACCEPTED ON TH�
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise prnvided in this Deed of 7rust, Trustor shall pay'to Lender alf amounts secured 6y
<br />this Deed of Trust as they become due, and shall strictly and in a timely menner perform all of Trustor's obligations under the Note, this
<br />�eed of Trust, and the Related Documents.
<br />POSSE5510N AND MAINTENANCE OF THE PR�PERTY. 7rustnr agrees that Trustor's possession and use of the Property shall be
<br />governed by the fallawing provisions:
<br />Possession and Use. Un#il the nccurrence of an Event vf befault, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collact the Rents from ihe Property.
<br />Duty to Maintain. Trustor shall maintain the Property in gond condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. 7rustor represents and warrants to Lender that: (1) During the psriod 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 />Hazardous 5ubstance 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 />Hazardnus 5ubstance on, under, about ar from the Property by any prior owners or occupants of the Proparty, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Excapt 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 nr release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be canducted in compliance with all applica6le 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 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 7rust. 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 tn 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 5ubstances. 7rustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in tha 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 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 provisions of this section of the Deed of 7rust, including the obligation to indemnify and defend, shall
<br />survive the peyment of the Indebtedness and the satisfaction and reconveyance nf the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, wh�ther 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 portion 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 timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Praperty 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 Improvemenis of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real f'roperty at all reasona6le 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 of
<br />this Deed of Trust. -
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, snd regulations, now or
<br />hereatter in effect, of all governmental authorities applicable to the use ar occupancy of the Property, Trustor may contest in good
<br />faith any such law, ordinance, or reguletion and withhold compliance during any proceeding, including appropriete 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 Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />L.ender'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 />DUE pN SALE - CONSENT BY LENDER. Lender may, at Lender's op[ion, declare immedietely due and payable all sums secured by this
<br />Deed of Trust upon the sale or transfer, without Lender's prior written cansent, of all ar any part of the Real Praperty, nr any interest in the
<br />Real Property. A"sale or trsnsfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
<br />6eneficial or equitable; whether voluntary or involuntsry; 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-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 6y any other method of conveyance of en interest in the Real
<br />Praperty. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Ne6raska law.
<br />7AXES 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 events pribr to delinquency) all taxes, special taxes, assessments, charges (including
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