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Loan No 1066406 2 0���� �+� DEED O n edUST Page 2
<br /> replecements of, and alt substitutions for, any of such property; and together with all proceeds (including without limitatfon all insurance
<br /> proc:eeds and refunds of premiums)hom any sale or other disposition of the Property.
<br /> Propsrty. The word"Property"means collectively the Real Property and the Personal Property.
<br /> Red Properly. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and GranY'sectlon. •
<br /> Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreemenls,environmental agreements,guaranties,security agreements,mortgages,deeds of trust,and all other instruments,aqreements and
<br /> documenls,whether now or hereafter 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 kom the
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute w successor hustees.
<br /> Trustor. The word"Trustor"means any and all persons and entities executing this Deed of Trust,including without limltation 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 (t) 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 TFiUST. 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 os thay bac�irw due,and ShaN,trictly and ln a timely manner perfDrm all of Trustor's obliga�ns under the Note,this D�d of Trust,and tha
<br /> Related Dxuments.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor'S possession and use of the Property shaN be yoverned by
<br /> the following provisions:
<br /> Posseselon and Uae. Until the occurrence of an Event of Default,Trustor may (a)remain in possession and conwol of the Properly, (b)use,
<br /> operate or manage the Property,and (c)coilect any Rents from the Properly.
<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 /> Flazardous Substances. The terms"hazardous waste,""hazardous substance,""disposal,""release;and"threatened release,"as used in this
<br /> Deed of Trust,shall have the same meanings as set forth in the Comprehensive Environmental Response,Compensation, and Uabilily Act ol
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reautho�izaHon 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. Sectfon 6901,et seq.,or other applicable state or Federal laws,rules,or regulations adopted pursuant to any of the foregoing. The
<br /> terms"hazardous waste"and"hazardous substance"shall also include,without limitation,petroleum and petroleum b�-producis or any(recUon
<br /> fhereof and asbestos. Trustor represents and wanants to Lender that: (a)During the period of Trustor's owne[ship of the Proparty,tha'a hac
<br /> been no use,generation,manufacture,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 proviously
<br /> disclosed to and acknowledged by Lender in writing, (i)any use,generation,manufacture,storage,treatment,disposal,release,or threatened
<br /> release of any hazardous waste or substance on,under,about or from the Property by any prior owners or occupants of the Properiy or (ii)any
<br /> actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and
<br /> adcnowledged by Lender in writing, (i) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property sheN use,
<br /> generate,manufacture,store,treat,dispose of,or release any hazardous waste or substance on,under,about or from the Property and (ii)eny
<br /> such activity shall be conducted in compliance with all applicable federel,state, and local taws, regulations and ordina�,includinq wiihoW
<br /> limitation those laws, regulations, and ordinances described above. Trustor authorizes Lender and its agents to enter upon the Property 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 Deed 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 warranties contained herein are
<br /> based on Trus#or's due diiigencein investigafing fhe Preperty for hazardous waste and hazard�us.substances. Uustor he[eby (a)releases and
<br /> waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any
<br /> such lews, and (b) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penelties, and
<br /> expenses which Lender may directly or indirectly 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, shaN survive the payment of the
<br /> Indebtedness end the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any
<br /> interest in the Property,whether by foreclosure or othervvise.
<br /> Nuisance,Waste. Trustor shall not cause,conduct or permit any nuisance nor commit, permit,or suffer any sMpping 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 consenf of Lender.
<br /> Removal oi Improvements. Trustor shall not demolish or remove any Improvements from the Real Property wtthout the prior written co�ent
<br /> of Lender. As a condltion to the removal of any Improvements, Lender may require Trustw to make aRangements satisfactory to Lender to
<br /> replace such Improvements with Improvements of at least equal value.
<br /> LendsNs Rlpht to Enter. Lender and its agents and representatives may enter upon the Real Property at aA reasonable tlmes to attend to
<br /> Lender's interests and to inspect the Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all Iaws, ordinances,and regulaHons, now or hereatter in
<br /> effect, of all governmental suthorities applicable to the use or occupancy of the Property. Trustor may contest in good faith any such lew,
<br /> ordinance,or regulation and withhold compliance during any proceeding,including appropriate appeals,so long as Trustor has notified Lender
<br /> in wriHng prior to dang so and so long as,in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may requke
<br /> Trustor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty fo ProteCt. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts,in addition to those acis
<br /> set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE—CONSENT BY LENDER. Lender may,at its option,declare immediately due and payable all sums secured by this Deed o(Trust
<br /> upon the sale or transfer,without the Lender's prior written consent, of all or any pa�t of the Real Property, or any interest In the Real Property. A
<br /> "sale or irensfer"means the canveyance of Real Prqpgrty or any right,title or inkerest therein;whether legal,beneficial or_equitable;whether voluntary
<br /> or involuntary;whether by outright sale, deed, installment sale conhact,land contract,contract for deed, leasehotd interest with a term flre4ter th�n
<br /> three (3)yea►s, leas�option contract, or by sale, assignment, or transfer of any beneflcial interest in or to any Iand trust holding title to the Reel
<br /> Properiy, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation,pa�tnership or Ifmited IiabAity Company,
<br /> transfer also includes any change in ownership of more than twenty—five percent (25%)of the voting stock, partnership interesis or Iimited Nability
<br /> company interesls,as the case may be, of Trustor. However, this option shall not be exeroised 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.'trs�stor shall pay when due (and in ail events prior to delinquency)all taues,special taxes, assessments,charges(indudinp weter
<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 Prope►ty free of all liens having priority over or equal to fhe : `
<br /> Interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due,except for the e�dsting indebtedness referred ?
<br /> to below,and except as otherwise provided in this Deed of'Trust.
<br /> Ri�ht To Contest. Trustor may withhold payment of any tax,assessment, w claim in connection with a good faith dispute over the obliyadon
<br /> to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is flled as a result of nonpayment,Trustor shaA within
<br /> fifteen(15)days after the lien arises or, if a lie� is filed,within fifteen(15)days after Trustor has notice of the filing,secure the discharge of the
<br /> lien, or if requested by Lender, deposit with Lender cash or a suificient corporate surety bond or other securiiy satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys'fees or other charges that could accrue as a r�Wt of a foredosure or sale
<br /> under the lien. In any contest,Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement apair�st the
<br /> Properiy. Trustor shali name Lender as an additional obligee under any surety bond furnished in the contest proceedtnys.
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