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2o�ios47�
<br />DEE� OF TRUSI'
<br />Loan No; 9009 {Continued} Page 2
<br />Trustar. together with all interest thereon.
<br />Trusior presently essigns to Lander (also known as Beneficiary in this Qeed of Trust} ai! of Trustor's righi, tiEle, and
<br />intarest in and to all present and future leases of the Rroperty and all Rents iram the PropeRy. In addition, 7rustor
<br />grants to Lender a Uniform Commercial Code security interesi i� ihe Personat Property and Rents.
<br />THIS pE�D OF TRUS7, 11VCLUDI(VG THE ASSIC3NMENT OF REtJTS AN� THE SECURETY (NT'EREST IN THE iiENTS AIYD
<br />PERSONAL PROPERTY, 1S GIVEN TO SECURE �A) PAYMEt�fT OF THE INDEBTEDNESS ANR (8) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UIVbER 7HE NOTE, THE RELATEp pOCUMENTS, AND 7HIS DEHD OF TRUST. THIS
<br />pEED QF 7'RUST, IRECLUDING THE ASSIGNMENT OF RENTS AIUD THE $ECURlTY INTERES7 IN THE R�RIT5 AR1D
<br />PER30NAL PROPERTY, IS ALSO G1VEN TO SECURE ANY AND ALL OF TRUS70R'S OBLIdATIONS UNDER THAT
<br />CERTAIN CONSTRUCTEON L�IAN AGREEMENT B�TWEEIV TRiJS70R AND LENDER QF EVEM RA7'E HER6WITH. ANY
<br />EVENT OF DEFAUI.T 11NDER 7ktE CQNSTRUCTIOfV LOAN A(3REEMEN7, OR ANY 0� THE RELATED DOCUMENTS
<br />REFERRED TO THEREIIV, SHAL4 ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED QF 7RUST. THIS DEED OP
<br />TRU5T IS QIVEN AlVD RCCEPTED OIV FH& FOIf.dWlNti TERMS:
<br />PAYMEN7 AND PERFpRMAA10E. Except as othe�wise provided sn this Dead ot Trust, Trustor shall pay to Lender ail
<br />amaunts aecured by this Deed of 7rust as they become due, and shall strictly and in a timely manner perfarm a(( o{
<br />7rusior's obligations untter tha Nota, this Dead of Trust, and ihe Related Documents.
<br />GONSTRUCTidN MORTGAGE. This Deed of Trust is a"construction mortgage" for the purposes of Sections 9-334
<br />and 2A-309 of the Unifotm Commercial Code, as those sections have been adopted by the State of Nebraska,
<br />POSSESSION AN� MAlNTENANCE dF THE PROPERTY. Trusta� agrees that Trustor's possession and use af the
<br />Propaity shaU be governed by the following provisions:
<br />Possession and Use. Untii ttie occurrenae af an Event of Default, Trustor may !� } remain in possession and
<br />control of tha f'roperty; (2) use, operate or manage th� Property; and {3� coffect the Rents from the Property.
<br />buty to Mstntain. Tr�stor shali maintain the Property in tenantabte condition and promptly perform ap repairs,
<br />replacements, and maintenanCe necessary Lo preserve iis value.
<br />Compliance With Enviro�mental [.aws. Trustor represents and warrants Yo Lender that: (1J Durinc� the period of
<br />Trust4r's ownership of the Property. there has been no use, generation, manufactvre, starage, treatment, disposal,
<br />releasa or threatened release of any Hazardous Substance by any person an, under, abaut or iram the Property:
<br />i2) Trustor has no knowledge oi, or reason to believe that there has been, except as previousfy disclosed ta and
<br />ack»owtedged by Lender in writing. {a) any breach or violation of any Environmentai Laws, (b) any use,
<br />generation, manufaoture, sta�age. treatment, disposal, rel�ase or threatened release of any Wazardous Substence
<br />on, under, about or from the Property by any prior owners or occUpants of the ProperCy, or (c} eny actual or
<br />threatened litiqation or claims of any kind by any person reiating to such rnatters; and (3} Except as previous3y
<br />disciosed to and acknowiadged by Lender in writing. (a} rteither Trustor nor any tenant, contrector, �c�erzt or other
<br />author+zed user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardaus
<br />Substanca on, under, about or from the Ptoper;y; and (b) any Such activity shall be conducted in compliance with
<br />at! applicabte faderai, siate. and bcat latvs, regulations and ordinanaes, including without limitation all
<br />Environmentai Laws. Trustor authorizes Lender anB its agents to enter upon i}�e Property to make such
<br />inspections and tests, at Trustor's exgense, as lender maY deem appropriata to de2ormin8 complianCe of the
<br />Property with this section oi the deed oi Trust. Any inspeciions or tests made by Lender sha11 be for Lender's
<br />purposes only and shail not bo construsd to create any responsibifity or tiability on tfie part of Lender to Trastor ar
<br />to any other person. The representations and warranties contalned herein are based on Trustor's due dilic�ence in
<br />investigating the Property for Hazardous Substances. Trustor hereby {1) releases an8 waives any future cleims
<br />against Lender for indemnity or cantribution in ihe avent Trusior becomes liable for cleanup or othar costs under
<br />any such laws; and (2} agress to indemnify, detend, and hold harmisss Lender ageinst any end ali claims, lossas,
<br />Iiabilitiss, dantages, penatties, and expsnses which Lender tnay directty or indirecily sustain or suffer resulYing from
<br />a breach of this section of the Deed of Trust or as a consequence of any use, generatian, manufactura, storage.
<br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br />not the same was or should have been known to Trustor. 7he provisions of this section of #he Deed oi 7rust,
<br />including the obiigation to indemnify and de#end, shall survive the paymenl of the Indebtedness and the saiisfaction
<br />and recanveyance of Fhe lien of this Deed oi Trust and shall not be affected by Lander's acquisition of any interest
<br />in the PropeRy, whethar by foreclosure or otherwise.
<br />IVuisance, Waste. Trustor shall not cause, conduct or permit eny nuisance nor commit, perm"st, or sutier any
<br />stripping of or waste on or to the Property or any portion of the Property. 1Nithoul Iimiting ihe generaiity of the
<br />foregoing, Trustor wiH not remove. or grant to any other party the right to remove, any timber, minerals (inciuding
<br />oil and gas�, coal, clay, scoria. saif, grave( or roCk producis witftout Lender's prior written consent,
<br />Removal of improvemeats. 7rustor shall not demolish or remove any impravemenfs from the Reak Property without
<br />Lender's prior written conset�t. As a condition ta thv removal 04 any Improvements. Lender may requira 7rustor to
<br />meke arrangements satisiactory ta Lender to reptace such In�provements with Improvements o! at least aquel
<br />value.
<br />Lender's Right to Enter. Lo�der and Lender's aqents and rgpresentatives may enter upon the Real Property at aIl
<br />reasonable times to attepd to Lender's interests and to ins�ect ihe Reat Property for purposes.of Trustor's
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