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DEED OF TRUST 2 0110 3 s 5 4
<br />Loan No: 1 01 241 1 06 (Continuedj Page 2
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2? use, operete or manage the Property; and (3) collect the Rents from the Properry.
<br />Duty to Matntafn. Trustor shall maintain the Property in tenantable condition and promptly perform aU repairs, replacements, and
<br />maintenance necessary to preserve its velue.
<br />Compltance With Envlronmentai Laws. 7rustor reprasents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has heen no use, generetlon, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hezardous Substence by any person on, under, about or from the Properry; (2) Trustor has no knowfedge of, or reason to be(ieve
<br />that there has been, except as previously disctosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufecture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substence 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 ciaims of eny kind by any person relating to such matters; and (3) Eaccept as previously disclosed to end
<br />_ acknowledged by Lender in writing, (a) neither Trustor nor any tenant contrector, agent or other authorized user of the Property
<br />J shall use, generate, manufecture, store, treat, dispose of or release any Nazardous Substance on, undar, ebout or from the Property;
<br />and (b? any such ectivity shall be conducted in compliance with all epplicable federal, state, and local laws, regulations end
<br />ordinances, inciuding without limitation all Environmental Laws. Trustor euthorizes 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 inspection� or xests mede by Lender shall be for Lender's purposes only and shall not be
<br />construed to create eny responsibility or liebility on the part of Lender to Trustor or to any other person. The representetions and
<br />warrantiea contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substnnces. Trustor
<br />hereby (9 i releases and waives any future claims ageinst Lender for indemnity or contribution in the event Trustor becomes 1lable for
<br />cleanup or other costs under any such laws; and (2) agrees to indamnify, defend, and hold harmless Lender agatnst any and aff
<br />ciaims, losses, liabilities, damages, penalties, and expenses which Lender mey dfrectly ar indirectly sustein or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storege, disposal, release or
<br />� threatened release occurring prior to Trustor's ownership or interest 3n the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section af the Deed of Trust, including the obligation to indemnify and detend, shall
<br />survive the payment of the Indebtedness and the satisfaction 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 otherw3se.
<br />IVuisance, Waste. Trustor shell not ceuse, 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 />— eny other parry the right to remove, any timbar, minerals (including oil end gas), coaf, clay, scorie, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shaii not demolish or remove any Improvements from the Reel Property without Lender's prior
<br />written consent. As e condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equai value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may anter upon the Real Property at all reasonebte 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. 7rustor shall promptly comply with all laws, ordinances, end regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitetion, the
<br />Americens With Disabilitias Act. Trustor may contes# in good faith any such few, ordinance, or regulation end withhold compliance
<br />= during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in wrlting prior to doing so and so long es,
<br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adaquate security
<br />or a surety bond, reasonably satistactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unettended the Property. Trustor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the cheracter end use of the Prop�rty ere reasonably necessary to protect and
<br />preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immedietely due end payabla all sums secured by this
<br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, ot all or any part of the Real Property, or any interast in the
<br />Real Property. A"sale or transter" means the conveyanca of Reai Property or any right, titie or interest in the Real Property; whether legal,
<br />beneticial or equitable; whether voluntary or involuntary; whether by outright sele, deed, installment sale contrect, land contrect, contract
<br />tor deed, leasehold interest with e term greater than threa i3) years, lease-option contract, or by sale, assignment, or transfer of any
<br />beneficiat interest in or to any land trust holding title to the Real Property, or by eny other method of conveyence of an interest in the Reai
<br />Property. However, this option shall not be exercised by Lender if such exerc3se is prohibited by federal lew or by Nabraska law.
<br />TAXES AND LIENS. The foffowing provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shafl pay when due (and in all events prior to delinquency) all texea, speclal taxes, assessments, charges (inciuding
<br /> r� water and sewer), fines and impositions lavied against or on account of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or materiaf furnished to the Property. Trustor shall maintain tF�e Property free of all liens heving priority
<br /> --- over or equal to the interest of Lender under this Deed of Trust, except for the lien of texes and essessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold payment ot any tax, assessmant, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardized. lf a lien arises or is filad es a result of nonpayment,
<br /> = Trustor shali within tifteen ('15) days after the lien arises or, tf a liert is filed, within fifteen (15) days after Trustor has notfce of the
<br />filing, secure the discharge of the lien, or it requested by Lender, deposit with Lender cesh or a sufflcient corporate surety bond or
<br />other security setisfactory to Lender in an amounY sufficient to discharga tha lien plus eny costs and attorneys' fees, or other charges
<br />that couid accrue as a result of a foreclosure or sa(e under the lien. In any contest, Trustor shall defend itself and Lender and shatl
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