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�2-28-1999 DEED OF TRUST 2 0 Q Q�0 � i � Page 2
<br /> Loan No 1065770 (Continued)
<br /> Indebtedness. The word"Indebtedness"means all principal and interest payable under the Note and any amounts expended or adverx:ed by
<br /> Lender to discharge obligations of Trustor or expenses incurred by Trustee or Lender to enforce obligaHons of Trustor under thfs Deed of Trust,
<br /> together with interest on such amounts as provided in this Deed of Trust. In addition to the Note, the word "Indebtedness" includes all
<br /> obligations,debts and liabilitles,plus interest thereon,of Trustor to Lender,or any one or more of them,as well as all claims by Lender against
<br /> Trustor,or any one or more of them,whether now existing or hereafter arising,whether related or unrelated to the purpose of the Note,whether
<br /> voluntary or othervvise,whether due or not due,absolute or contingent,liquidated or unliquidated and whether Trustor may be liable individually
<br /> or janBy with others,whether obligated as guarantor or otherwise, and whether recovery upon such Indebtedness may be or hereafter may
<br /> become barred by any statute of limitations,and whether such Indebtednass may be or hereaRer may become otherwise unenforc�abie.
<br /> Lender. The word"Lender"means UNITED NEBRASKA BANK,its successors and assigns.
<br /> Note. The word "Noie"means the Note dated December 28,t�,in the prinCipal amount of s84,400.00 trom Trustor and any
<br /> co-borrowers to Lender,together with all renewais,extensions, modifications,refinancings,and substitutions for the Note. The meturity date of
<br /> this Deed of Trust is January 3,2003.
<br /> Persond Proparty. The words "Personal Properfy' mean all equipment, foctures, and other articles of personal property now a hereafter
<br /> owned by Trustor, and now or hereafter attached or atfixed to the Real Property; together with aA ac�cessions, parts, and addiHons to, all
<br /> repiacements of, and all substitutions for, any of such prope�ty; and together with all proceeds (includinq without HmitaHon ail insurance
<br /> procesds 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 /> Red Property. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and Grant"secHon.
<br /> Releted Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreemenis,environmentel agreemenis,guaranties,security agreemen�,mortgages,deeds of trust,and all other instrumenis,agreemenls and
<br /> documents,whether now or hereafter e�dsting,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 /> Trustee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute or successor trustees.
<br /> Trustor. The word"Trustor"means any and all persons and entities executing this Deed of Trust,including without limitatlon all Trustws named
<br /> above.
<br /> THIS DEED OF TRUST, INq.UDING 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 Lend�all amounts secured by this Deed
<br /> of Trust as they become due,and shall stricdy and in a tlmely 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 TrustoPs possession and use of the Property shall be governed by
<br /> the fdlowing provislons:
<br /> Posseselon and Use. Unal the occurrence of an Event of Default,Trustor may (a)remain in possession and contrd of the Property, (b)use,
<br /> operate or manage the Property,and (c)collect any Rents from the Property.
<br /> Duiy 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 /> Flezardous Substancea The terms"hazardous waste,""hszardous substance,""disposal""release"and"threatened releese,"as used in this
<br /> Deed of Trust,shall have the same meanings as set forth in the Comprehensive Environmental Response,Compensation,and Liabilily Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthori=ation Act of 1986, Pub. L. No.
<br /> 99-499("SARA'�, the Hazardous Materials Transportation Act,49 U.S.C. Section 1801,et seq.,the Resource Conservation and Recovery Act,
<br /> 42 U.S.C.Section 6901,et seq., or other applicable state or Federal laws,rules,or regulations adopted pursuant to any of the foregoing. The
<br /> terms"hezsrdous waste"and"hazardous substenca"shall also include,without limitadon,petroleum and petroleum by-producfs or any tractlon
<br /> thereof end asbestos. Trustor represents and warrants to Lender that: (a)During the period of Trustor's ownership of the Property,there has
<br /> been no use,generation,manufactu�e,storage,treatment,disposal,release or threatened release of any hazardous waste or substance by any
<br /> person on, under,about or from the Property; (b)Trustor has no knowledge of,or reason to believe that there has been,except as previously
<br /> disclosed to and acknowledged by Lender in writing, (i)any use,generation,manufacture,storage,treatment,disposal,release,or threetened
<br /> �elease of any hazardous waste or substance on,under,about or f�om the Property by any prior owners or occupants of the Property or (ii)any
<br /> actual or threatened litigation or claims of any kind by any person relating to such matters; and (c)Except as previousiy disdosed to and
<br /> acknowledged by Lender in writing, (i) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shaA use,
<br /> generate,manufacture,store,treat,dispose of,or release any hazardous waste or substance on,under,about or from the Property and (ii)any
<br /> such activiry shall be conducted in compliance with all applicable federal,state,and local laws, regulations and ordinances, including without
<br /> limitation those laws, regulations, and ordinances described above. Trustor authorizes Lender and its agents to enter upon the Properly to
<br /> make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with this
<br /> section of the Oeed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create
<br /> any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranaes contained herein are
<br /> based on Trustor's due diligence in investigating the Property for hazardous waste and hazardous substances. Trustor hereby (a)releesea and
<br /> waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleetnup or other costs under any
<br /> such laws, and (b) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalifes, and
<br /> expenses which Lender may direcNy w indirecdy sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
<br /> consequence of any use,generation, manufacture,storage, disposal,release or threatened release of a hazardous waste or substance on the
<br /> properties. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the
<br /> Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisiHon of any
<br /> interest in the Property,whether by foreclosure or othervvise.
<br /> Nulsance,Waste. Trustor shall not cause,conduct or permit any nuisance nor commit, permit,or suffer any sfipping 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 /> riqht to remove,any tlmber,minerals(including oil and gas)A soil,gravel or rock products without the prior written consent of Lender.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior w�itten consent
<br /> of Lender. As a condition to the removal of any Improvements, Lender may require Trustor to make aRangements satisfactory to Lender to
<br /> rep�ace such�mprovemen�with Improvements of at least equal value.
<br /> Lender's Rlyht to Enter. Lender and its agenis and representatives may enter upon the Real Property at all reasonable tlmes to attend to
<br /> Lender's inter�ts and to inspect the Property for purposes of Trustor's compliance wlth the terms and conditions of this Deed of Trust.
<br /> Compllance with Govemmental Requirements. Trustor shall promptly compiy with all laws, ordinances,and regulaHons, now or hereaffer in
<br /> effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Amer(cans With
<br /> DisabiliUes Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any procesdlny,
<br /> including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lenders sole opinion,
<br /> Lender's interests in the Property are not jeop8rdized. Lender may require Trustor to post adequate security or a surety bond, reasonebly
<br /> saHsfactory to Lender,to protect Lenders interest.
<br /> Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts,in addidon to those acts
<br /> set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Properly.
<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 tho�lo or transfer,without the Lender's prfor written consent, of all or any part of the Real PropaRy, or�ny Int�est in tFw Ra41 Proparty, A
<br /> "sale or transfer"means the conveyance of Real Property or any right,title or interest therein;whether legal,beneflcial or equitable;whether vduntary
<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, lease-option contract, or by sale, assignment, or transfer of any beneficial lnterest in or to any land trust hddinp tltle to the Reel
<br /> Propery, or by any other method of conveyance of Real Property interest. If any Trustor is e corporaHon,partn�ship or limlted Uability company,
<br /> transfer also includes any change in ownership of more than iwenty-five percent(2596) of the votlng stock, partnership interests or Iimited Ilability
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