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DEED OF TRUST 2 p� 10 7 3:� 0 <br />Loan No: 129695 (Continued) Page 2 <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shell pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely menner perform all of <br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and <br />control of the Property; (2) use, operate or managa the Property; and (31 collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition end promptly perform ell repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownarship of the Property, there has been no use, generation, menufacture, storege, treatment, disposal, <br />release or threatened release of any Hazardaus Substance by eny person on, under, about or from the Property; <br />(2) Trustor has no knowledga of, or reason to believe that thera has been, except as previously disclosed to and <br />acknowledged by Lander in writing, (a) any breach or violation of any Environmental Laws, (b) any use, <br />ganeration, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substanca <br />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 claims of any kind by any person relating to such matters; end (3) Except as previously <br />disclosed to and acknowledged by Lender in writing, (a1 neither Trustor nor any tenant, contractor, agent or other <br />authorized user of the Property shall use, generete, manufacture, store, treat, dispose of or release eny Hazardous <br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with <br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br />inspections and tests, at Trustor's expense, as Lender may deem appropriete to determine compliance of the <br />Proparty with this saction of the Deed of Trust. Any inspections or tests mede by Lender shall be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or <br />to any other person. The representations and warranties contained herein are based on Trustor's due diligence in <br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases end waives any future claims <br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under <br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expanses which Lender may diractly or indirectly sustain or suffer resulting from <br />a breach of this section of the Deed of Trust or as a consequence of any use, g�neration, manufacture, storage, <br />disposal, release or threat�ned 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. The provisions of this section of the Deed of Trust, <br />including the obligation to indemnify and defend, shall survive the payment af the Indebtedness and the satisfection <br />and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's ecquisition of any interest <br />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 <br />stripping of or wasta on or to the Property or any portion of the Property. Without limiting tha generality of the <br />foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerels (including <br />oil end gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without <br />Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to <br />make arrangements satisfactory ta Lender to replace such improvements with Improvements of at least equal <br />value. <br />Lender's Right to Enter. Lender and Lender's agents end representatives may enter upon the Real Property at all <br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's <br />compliance with the terms and conditions of this Deed of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and <br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the <br />Property, including without limitetion, the Americans With Disabilities Act. Trustqr may contest in good faith eny <br />such law, ordinence, or regulation and withhold compliance during any procaeding, including appropriate eppeals, <br />so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lander's sole opinion, Lander's <br />interests in the Property ere not jaopardized. Lender may require Trustor to post adequate security or a surety <br />bond, reasonably satisfactory to Lender, to protect Lender's interest. <br />Duty to Protect. Trustor agrees naither to abandon or leave unattended the Property. Trustor shall do all other <br />acts, in addition to those acts set forth above in this section, which from the charpcter and use of the Property ere <br />reasonably necessary to protect and preserve the Property. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, daclare immediately due and payable all sums <br />secured by this Dead of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the <br />Real Property, or any interest in the Real Property. A"sale or trensfer" means the conveyence of Real Property or any <br />right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; <br />whether by outright sale, deed, installment sale contract, lend contract, contract for deed, leasehold intarest with a <br />term greater than three (3) years, lease-option contract, or by sale, assignment. or transfer of any beneficiai interest in <br />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. Howevar, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by <br />Nebraska law. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of <br />Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all talxes, speciel taxes, assessments, <br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall <br />pay when due all claims for work done on or for services randered or material furnished to the Property. Trustor <br />shall maintain the Property frae of all liens having priority over or equal to the interest of Lender under this Deed of <br />Trust, except for the lien of taxes and assassments not due and except as otherwise provided in this Deed of <br />Trust. <br />Right to Contest. Trustor may withhold payment of any tax, essessment, or claim in connection with a good faith <br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or <br />is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lian arises or, if e lien is filed, <br />within fifteen (75) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by <br />Lender, deposit with Lendar cash or a sufficient corporate surety bond or other se�urity satisfactory to Lender in an <br />amount sufficient to discherge the lian plus any costs and permissible fees, or other chargas that could accrue es a <br />result of a foreclosura or sale under the lien. In any contest, Trustor shall defend itsaif and Lender and shall satisfy <br />any adverse judgment before enforcement against the Property. Trustor shall nerrie Lender as an additional obligee <br />under any surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidanca of payment of the taxes <br />��i <br />