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DEED OF TRUST 2 p 1 g p g 16 G
<br />Loan No: 101245993 (Continued) Page 2
<br />EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS
<br />GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pey to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in e timely manner perform all of
<br />Trustor's obligetions under the Credit Agreement, 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 />Properry shell be governed by the following prov(sions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remain in possession and
<br />control of the Property; (21 use, operate or manage the Property; end (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall malntein the Properry in good condition and promptly perform all repeirs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Properry never has been, and never will be so
<br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage,
<br />treatment, disposal, release or threatened release of any Hazardous Substance in violetion of eny Environmental
<br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as
<br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (7) releases and waives any future claims egainst Lender for indemnity or contribution in the event
<br />Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and
<br />hold harmless Lender against any and ell cleims and losses resulting from a breach of this paragraph of the Deed of
<br />Trust. This obligetion to indemnify and defend shall survive the payment of the Indebtedness end the satisfaction
<br />of this Deed of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br />secured by this Deed 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 transfer" means the conveyance of Real Property or any
<br />right, title or interest in the Real Property; whether legal, beneficial or equftable; whether volurttary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial intarest 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. However, 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 ot this Deed of
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) ali taxes, special taxes, assessments,
<br />charges (including water and sewer), fines and lmpositions levied against or on account of the Property, and shall
<br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br />shali maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the iien of taxes and assessments not due, except for the Existing Indebtedness referred to
<br />below, and except as otherwise provided in this Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property ere a part of this Deed of
<br />Trust.
<br />Maintenance of Insurance. Trustor shall procure and meintain policies of fire insurance with stendard extended
<br />coverage endorsements on e fair value basis for the full insurable value coverfng ell Improvements on the Real
<br />Property in an amount sufficient to avoid application of eny coinsurance clause, and with a standard mortgagee
<br />clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require.
<br />Policies shell be written in form, amounts, covereges and basis reasonably acceptable to Lender and issued by a
<br />company or compenies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender
<br />from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
<br />coverages will not be cancelled or diminished without et least ten (10) days prior written notice to Lender. Each
<br />insurance policy aiso shall include en endorsement providing that coverage in favor of Lender will not be impaired
<br />in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in
<br />an area designated by the Director of the Federal Emergency Management Agency as a special flood haaard area,
<br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, for the maxlmum amount of Trustor's
<br />credit line and the full unpaid princlpal belance of any prior liens on the property securing the loan, up to the
<br />maximum policy limits sat under the National Flood Insurance Program, or as otherwise required by Lender, and to
<br />maintain such insurance for the term of the loan.
<br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all texes, liens, security interests,
<br />encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the
<br />Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then
<br />Lender mey do so. If any action or proceeding is commenced that would meterially affect Lender's interests in the
<br />Property, then Lender on Trustor's behelf iney, but is not required to, take eny action that Lender believes to be
<br />appropriate to protect Lender's interests, All expenses incurred or paid by Lender for such purposes will then bear
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