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Loan No: 101241091
<br />DEED OF TRUST 2 0110 3 S 9 2
<br />(Continued) Page 2
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remein in possession and control of the Property;
<br />(2) use, operete or manege the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, end
<br />maintenance necessary to preserve its value.
<br />Complience With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storege, treatment, diaposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, ebout or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to end 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 Substence on, under, ebout or from the Property by any prior owners or occupants of the Property, or (c) any sctual or
<br />threatened litigation or claims of any kind by any person relating to such metters; and (3) Except es 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 Property;
<br />and (b) any such activity shall be conducted in compliance with all epplicable federal, state, and local laws, regulations end
<br />ordinances, including without limitation all Environmentel Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, es Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests mede by Lendershatf be for Lender's purpsoses only and shell not be
<br />construed to create any responsibillty or liab(Iity on the pert of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein ere based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes Hable for
<br />cieanup or other costs under eny such laws; end (2) agrees to indemnify, defend, and hold harmless Lender against any end all
<br />claims, losses, liabilities, demages, penalties, and expenaes which Lender mey directly or indirectly sustain or suffer resulting from a
<br />breach of this saction of the Deed of Trust or as a consequence of eny use, generation, manufacture, storege, 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 Trust, including tha obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfection and reconveyance of the 1(en of this Deed of Trust and shall not be
<br />effected by Lender's ecquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shell 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 tha general(ty of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerels (lncluding 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 Property without Lender's prior
<br />written consent. As a condition to the removel of eny 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 agenta end representatives may enter upon the Real Properry at ell reasonable 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 />Compl(ence with Governmental Requirements. Trustor shall promptly comply with all laws, ordinences, and regulations, now or
<br />hereafter in effect, of all governmental euthorities appliceble to the use or occupancy of the Property, fncluding without limitation, the
<br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or reguletion and withhold compliance
<br />during any proceeding, including eppropriate eppeals, 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 (nterests in the Property ere not jeopardized. Lender may require Trustor to post adequate security
<br />or a surety bond, reasonably sat(sfectory to Lender, to protect Lender's interest.
<br />Deaty to Protect. Tru�tor agrees nefther to abendon or leave unettended, the Property. Trustor ahall do all other acts, in addltion to
<br />those ects 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 ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payeble all sums secured by this
<br />Deed of Trust upon the sale or tranafer, without Lender's prior written 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 eny right, title or interest in the Real Property; whether legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sele, dead, instellment sele contract, lend contract, contrect
<br />for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or trensfer of eny
<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 includes any chenge in ownership of more
<br />than twenty-five percent (25°/a) of the voting stock, partnership interests or limited liability company tnterests, as the case mey be, of such
<br />Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The foliowing pravisions relating to the taxes and ifens 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 taxea, special taxes, assessments, charges (including
<br />water and sewerl, fines and impositions levied against or on account of the Property, end shall pay when due all claims far work done
<br />on or for services rendered or material furnished to the Property. Trustor shall maintaln the Properry free of ail liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes end assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Trustor may withhold paymant of any tax, assessment, 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. if a lien arises or is filed as e result of nonpayment,
<br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) deys after Trustor has notice of the
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