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
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