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DEED OF TRUST
<br />Loan No: 810151 (Continued) 2 01101'7 � 0 Page 2
<br />Environmental Laws, (b) any use, generation, manufacture, storage, Veatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or trom the PrvperYy 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 relatiny to such matters; 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 />shaN use, generate, manufacture, sYore, treat, dispose 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 all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor autfiorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, afi Trustor's expense, as Lender may deem appropriate to dekermine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for L.ender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender 1.o Trustor or to any olher persun. 1"he representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property tor Hazardous Substances. Trustor
<br />hereby (1) releases and waives any tuture 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, deiend, 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 resulti�g from a
<br />breach of this section of the Deed of Trust or as a consequenre of any use, gerieration, manufacture, storage, disposat, reiease 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 Trust, including thie obiigation to indemnify and defend, shall
<br />survive the payrnent of the I�debtedness and the satisfaction and reconveyance of the iien of this Deed of Trust and shaN 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 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 oii and gasl, 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 Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trusior 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 agents and representatives may enter unon the Real I'roperty at all reasonable times to
<br />attend to Lender's interests and to inspect Yhe Real Property for purposes of Trustor's compiiance 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 the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good Taith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeais, so long as Trustor has notified Lender in writing prior to doing so and so lony as,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adeyuate 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 Property. Trustor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from Yhe cl�aracter and use of the Property are reasonably riecessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare irnmediately due and payable all surns secured by this
<br />Deed of Trust upon the sale or transfer, without Lender's prior writte� 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 riyht, title or interest in the (ieal Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outriyht sale, deed, installmer�t 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 by any other method of conveyance of an interest in the Real
<br />Property. If any Trustor is a corporation, partnership or limited liability company, transfer also inciudes any change in ownership of more
<br />than twenty-five percent (25%1 of Yhe voting stock, partnership interests or limited liability cornpany interests, as the case may be, of such
<br />Trustor. However, this option shall not be exercised by Lender if such exe�cise is prohibited by federal law or by Nebraska law.
<br />TAXES 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 prior to delinquency) all taxes, special taxes, assessments, charyes (including
<br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims fvr work done
<br />on 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 of Trust, except ior the lien of taxes and assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. i"rustor may withhold payment of any tax, assessment, or claim in cortnection with a goocl faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within tifteen (15) days after the lien arises vr, ii a lien is filed, within fifteen (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 other cf�arges
<br />that could accrue as a result of a foreclosure or sale under the lien. In a�y contest, Trustor shall defend itself and Lender and shall
<br />satisiy any adverse judgment before enforcernent against the Property. Trustor shall narne I_ender as 2n additional obligee under any
<br />surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmental officiai to deliver to Lender at any time a written statement ot the t�xes and assessments
<br />against the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (151 days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asseried on
<br />account of the work, services, or materials. 7rustor will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender tha± Trustor can and wAI pay the cost of such improvements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring ttie Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coveraye
<br />endorsements on a replacement basis for the futl insurabie vaiue covering att Improvements on the Rea! Property in an amount
<br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also
<br />procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
<br />Lender being named as additionaf insureds in such iiabiiity insurance policies. Additi�nally, Trustor shall maintain such other
<br />insurance, induding but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies
<br />shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, wiN deliver to Lender from time to time the policies or certificates
<br />of insurance in form satisfactory to Le�der, including stipulations that coverages will not he cancelled or diminished without at least
<br />ten (10) days prior written notice to Lender. Each insurance policy also sl�all include an endorsement providing that coverage in Tavor
<br />of Lender will not be impaired in any way by any act, omission or defauli ot Trustor or any other person. Should the Real Property be
<br />located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor
<br />agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens
<br />on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise
<br />required by Lender, and to maintain such insurance ior the term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lencler of any loss or damage to the Property. Lender may make proof of loss
<br />if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
<br />election, receive and retain the proceeds of any insurance and apply the proceeds to the reducfion of the Indebtedness, paymeni of
<br />any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
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