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�2-2�-�999 2�0 0 0 0 0.19 DEED O n eR UST Page 2 <br /> Loan No 765931 <br /> Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in <br /> lawful money of the United States of America. <br /> Guarantor. The word "Guarantor" means and includes without Iimitation any and all guarantors, sureties, and accommodation parties in <br /> connection with the Indebtedness. <br /> Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, buildings, structures, <br /> mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Reai Property. <br /> Indebtedness. The word"Indebtedness"means all principal and interest payable under the Note and any amounts expended or advanced by <br /> Lender to discharge obligations of Trustor or expenses incurred by Trustee or Lender to enforce obligations of Trustor under this Deed of Trust, <br /> together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation,this Deed of Trust secures,in addition <br /> to the amounts specified in the Note,all future amounts Lender in its discretion may loan to Trustor,together with all interest thereon; however, <br /> in no event shall such future advances(excluding interest)exceed in the aggregate$50,000.00. <br /> Note. The word"Note"means the Note dated December 27,1999, in the principal amount of $15,030.50 from Trustor to Lender, <br /> together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. The maturity date of this Deed of Trust is <br /> January 1,2010. <br /> Personal Property. ThA'bvdrd�s'"P�rson�l�f�roperty" mean all equipment, fixtures, and other articles of personal property now or hereafter <br /> owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all <br /> replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance <br /> proceeds and refunds of premiums)from any sale or other disposition of the Property. <br /> Property. The word"Property"means collectively the Real Property and the Personal Property. <br /> Real Property. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and Grant"section. <br /> Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan <br /> agreements,environmental agreements, guaranties,security agreements, mortgages,deeds of trust,and all other instruments,agreements and <br /> documents,whether now or hereaKer existing,executed in connection with the Indebtedness. <br /> Rents. The word "Rents"means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the <br /> Property. <br /> Trustor. The word'Trustor"means any and all persons and entities executing this Deed of Trust,including without limitation all Trustors named <br /> above. <br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br /> PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF <br /> TRUSTOR UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED <br /> ON THE FOLLOWING TERMS: <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shall pay to Lender all amounts secured by this Deed <br /> of Trust as they become due,and shall strictly and in a timely manner perform all of Trustor's obligations under the Note,this Deed of Trust,and the <br /> Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by <br /> the following provisions: <br /> Possession and Use. Until the occurrence of an Event of Default,Trustor may (a)remain in possession and control of the Property, (b) use, <br /> operate or manage the Property,and (c)collect any Rents from the Property. <br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements,and maintenance <br /> necessary to preserve its value. <br /> Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust <br /> remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any <br /> hazardous waste or substance, as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of <br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act ("SARA"), applicable <br /> _ st�te or_Fe�sral-!a�er regula#io�s ac#�pfe�#�ursder.t .� ar+y ot the foregoirrg:-�riist6r 8uthorizes tender and its agents to enter upon the <br /> Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the <br /> Deed of Trust. Trustor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor <br /> becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnify and hold harmless Lender against any and all <br /> claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the <br /> Indebtedness and the satisfaction of this Deed of Trust. <br /> Nuisance,Waste. Trustor shall not cause,conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the <br /> Property or any portion of the Property. Without limiting the generality of the foregoing,Trustor will not remove,or grant to any other party the <br /> right to remove,any timber,minerals(including oil and gas),soil,gravel or rock products without the prior written consent of Lender. <br /> DUE ON SALE—CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Deed of Trust <br /> upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A <br /> "sale or transfer"means the conveyance of Real Property or any right,title or interest therein;whether legal,beneficial or equitable;whether voluntary <br /> or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than <br /> three (3) years, leas�option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real <br /> Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation, partnership or limited liability company, <br /> transfer also includes any change in ownership of more than twenty—five percent (25%) of the voting stock, partnership interests or limited liability <br /> company interests, as the case may be, of Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal <br /> law or by Nebraska law. <br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust. <br /> Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water <br /> and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for <br /> services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the <br />