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f 07-15-1997 DEED OF TRUST Page 2 Loan No 516146 (Continued) Q7- gO5'71"3 R voluntary or otherwise, whether due or not due, absolute or contingent, liquidated or ungquidated and whether Trustor may be gable individually or jointly with others, whxeRwr obligated as guarantor or otherwise, and whether recovery upon such Indebtedness may be or hereafter may become barred by any statute of Imitations, and whether such Indebtedness may be or Mueafter may become otherwise unenforceable. (Inlttal Here ) Speolacafly, without Imitation, this Deed of Trust secures, In addition to the amounts specified In the Note, all futrire amounts Lender in its discretion may loan to Trustor, together with all Interest thereon: however, In no event strati such future advances (excluding Interest) exceed In the aggregate $376,000.00. Lender. The word 'Lender' means UNITED NEBRASKA BANK, its successors and assigns. Note. The word "Nola" means the Note dated July 1s, 1997, in the principal amount of $460,000.00 from Truster to Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. Personal Property. The words "Personal Property mean all equipment, axtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property: together with ad accessions, parts, and additions to, aI replacements of, and all substitutions for, any of such property; and together with all prooeads "uding without Imitation all insurance proceed; and refunds of premiums) from any sale or other disposition of the Property. ~ Property. The word "Property means collectively the Rest Property and the Personal Property. Real Property. The words Meal Property mean the property, interests and rights described above In the "Conveyance and Grant' Related Documents. The words "Related Documents' mean and include without gmit4tion all promissory notes. Credit agreem nls, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other Instrumails, agrawnents and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word 'Plants" means all present and future rents, revenues, income, Issues, royettles, proats, and other benefits derived from the Properly. Trustee. The word 'truster means UNITED NEBRAW BAW and any substitute or sucr:essor trustees. Trustor. The word "Treiber means any and erg persons and endties executing this Dead of Trott, Including without Imitation all Truraors named above. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTFREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF TRUSTOR UNDER THE NOTE, THE RM ATE.O DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Truslor shag pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trusters obligations under the Note. this Deed of 'crust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truslors possession and use of the Property shag bo governed by the following provisions: Posses;:on and Use. Until the occurrence of an Event of Default, Trustor may (a) remain In possession and control of the Properly, (b) use, operate or manage the Property, and (c) collect any Rents from the Property. Duty to MaloWn. Trustor shall malntaln the Property in lenanbible condition and promptly perform all repaks, replacements, and maintenance necessary to preservo M.4 value. Hazardous Substances. The terms "ttansrdous waste; lu=dous substance," *disposal l.* "reeasa," and "threatened release; as used In tits Deed of i1980, as Trust, amended~ 2 have the same at seq. (("CERIn the CtA')~SupwfundEAme dments and Reauthorization Act of 19M. Pub. ~Ie. 99--499 CSARA*), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901. at seq., or other app5cable stale or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. 'fie terms "hazardous waste" and lumardous substance' shag also iniude, without Imitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Truslor represents and warrants to Lender that, (a) During the period of Truatoes ownership of the Property, there Nis been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, about or from the Property; (b) Truster has no knowledge of, or reason to believe that Owe has been, except as previously disclosed to and acknowledged by Lender in writing, (I) any usa, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (g) any actual or threatened litigation or clauses of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in writing, (1) neither Trustor nor any tenant, contractor, agent or other authorized user of the Properly shag use. generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Property and (g) any ` such activity shall be Conducted In compliance with all applicable fedend. stale, and local laws, regulations and ordinances. Including without limitation those laws, regulations, and ordinances described above. Trustor authorizes Lender and Its agents to enter upon the Property to make such Inspections and tests, at Trustoes expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trurslor or to any other person. The representations and warranties contained herein are based on Trustor's due diligence in Investigating the Property for hazardous waste and hazardous substances. Trustor hereby (a) reteasas and waives any future claims against Lender for Indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws, and (b) agrees to Indemnity and hold harmless Lender against any and all claims, losses. Iabigdes. damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from A breach of tNs section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Tr stors ownership or Interest in the Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to Indemnify, shag survive the payment of the Indebtedness and the satisfaction and reconveyanxe of the Ian of Ihis Deed of Trust and shall not be affected by Lenders acquisition of any trrlerest In the Property. whetter by foreclosure or olhenviss. Nulsence, Waste. Trustor shag not cause, conduct or permH any nuisance nor comma, permit, or suffer any stopping of or waste on or to the Propariy or any portion of the Property. Without Imiting the generally of the foregoing, Trustor will nol remove, orgrant to any other party the right to remove, any timber, minerals (Including ON and gas), soli, gravel or rook products without His prior written consent of Lender. Removal of Improvements. Truslor shag not demolish or remove any Improvements from the Real Property without the prior wrtt:9n consent of Lender. As a condition to the remove) of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and tin agents and representatives may enter upon the Real Property st erg reasonable Imes to attend to Lenders Interests and to Inspect the Property for purposes of Trusters compliance wfth the terms and conditions of this Deed of Trust. Compliance with Governmontai Requirements. Trustor shag promptly comply with all laws, ordinances, and regulations, now or hereafter in affect, of all governments! authorities applicable 10 Ire use or occupancy of to Property. Inclu tinlg without Nmltation, the Americana With Disabllees Act. Truster may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appsahu, so long as Truster has notified Lender In writing prier to doing $0 and so tong as, In Lender's sole opinion, Lender's Interests In the Properly are not pop rdlzed. Larder may require Truster to poet adequate seatrffy or a surely bond, reasonably satisfactory to Lender, to protect Lhndees Interest. Duty to Protect. Trusts agrees neither to abandon nor leave unattended the Property. Truster shall do all other acts, In addition to those acts sot forth above In this section, which from the character end use d the Properly are reasonably necessary to protect and preserve the Proper ty. DUE ON SALE - CONSENT BY LEADER. Lender may, at Its option, declare :mmedletely due and payable ag sums secured by this Deed of Trust upon the sale or transfer, without the Lenders prior written consent, of all or any part of the Real Property, or any Interval in the Real Property. A `sale or transfer' means the conveyance of Real Prop" or any right, Ida or Interest thw SIM: Whether IvgN, beneficial or equitable; whether voluntary or Involuntary; whether by auhighl sale, dead, Installment sale contract, lend contract, contract for deed, leasehold Interval with a form greater than three (3) years, leae►-optlon contract, or by sale, assignment, or transfer of any beneficial Interest in or to any lad trust holding dtle to the Real Property, or by any other method of conveyance of Real Property Interest. If any Trustor Is a corporation, partnership or gmitod Ila 5belly 0 company. transfer also Includes any charge in ownership of more than twenty-five percent (2s%) of to vodng &loc k, p&dnership Interests or Imlled grblilty company Interests, as the case may be, of Trustor, However, this opdcm shall not be exercised by Lender It such Ox$"** Is prohlftd by lederal law or by Nebraska law. TAXES AND LIENS. The following provisions rotating to the faxes and gars an tree PrOPOr`/ We a pars of this Deed of Trust.