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o,-z�-z000 200000798 ' DEED O� TRUST - p�ge 2 . . � � • (Continued) ,` proceeds and refunds of premiums)from any sale or other dispoSition�of the Praperty. Property. The word"Property"means cotiectively the Real Propelty a�d the Per�onal;Property. ReN Property. The words"Real Property"mean the property,inli�rests and rights deScribed above in the"Conveyance and GranC'section. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements,environmental agreements,guaranties,security agreements, mortg8ges;deeds of trust,and all other fnstruments,agreements and documents,whether now or hereafter existing,executed in conne�tion with the Indebtedness. Rents. The word"Rents"means all present and future rents,revenues, income, issues,royalties, proHts,and other benefitts derived from the Property. , Trustee. The word"Trustee"means Ceresco8ank and any substitute or successor trustees. Truator. The word"Trustor"means any and all persons and entities executing this Deed of Trust,including without limitation atl Trustors named above. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENT3 AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1)PAYMENT OF THE IND�TEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF TRUSTOR UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. TNIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due,and shall stricdy and in a timely manner perform all of Trustor's obligations under the Note,this Deed of Trust,and the Related Dxuments. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisfons: Poseession and Use. Until the occurrence of an Event of Default,Trustor may (a)remain in possession and control of the Propeity, (b) use, operate or manage the Property,and (c)collect any Rents from the Property. Duty to Maintaln. Trustor shall maintain the Property in tenantable condition and prompdy perform all repairs,replacements,and maintenance necessary to preserve its value. Hazardous Substances. The terms"hazardous waste,""hazardous substance""disposal""release,"and'Yhreatened release,"as used in this Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response,Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendmenis and Reauthorizetlon Act of 1986, Pub. L. No. 99-499("SARA"), the Hazerdous Materials Transportation Act,49 U.S.C. Section 1801,et seq.,the Resource Conservation and Recovery Act, 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 terms"hazardous waste"and"hezardous substance"shall also include,without limitation,petroleum and petroleum by-products or any traction the�eof and asbestos. Trustor represents and warrants to Lender that: (a)During the period of Trustor's ownership of the Property,there has been no use,generarion, 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)Trustor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lender in writing, (i)any use,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 (ii)any actual or threatened titigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in writfng, (i) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate,manufacture,store,treat,dispose of,or release any hazardous waste or substance on,under,about or from the Property and (if)any such activiiy shall be conducted in compliance with all applfcable federal,state,and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Trustor authorizes Lender and its agenis to enter upon the Property to make such inspections and tests, at Trustor's 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 responsibiliiy or liability on the part of Lender to Trustor or to any other person. The representadons and warranties contained herein are based on Trustor's due diligence in investigating the Property for hazardous waste and hazardous substances. Trustor hereby (a)releases and waives any future claims against Lender for indemnity or contribuHon in the event Trustor becomes liable for cleanup or other costs under any such Iaws, and (b) agrees to indemnfiy and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and 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 consequence of any use,genereHon, manufacture,storage,disposal,release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the Deed of Trust, including the obligatlon to indemnify, shall survive the peyment of the Indebtedness and the satlsfacNon and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,whether by toreclosure or otherwise. 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 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 right to remove,any tlmber,minerats(including oil and gas),soil,gravel or rock products without the prior written consent of Lender. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal 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 Rlght to Enter. Le�der and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust. Compliance with Govemmental Requirements. Trustor shall promptly comply with all laws,ordinances,and regulations, now or hereafter in effect, of atl governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good fafth any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notifled Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lenders interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts,in addition to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may,at its option,declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, wfthout the LendePs prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer"means the conveyance of Real Property or any right,title or interest therein;whether legal,beneflcial or equitable;whether voluntary or invotuntary;whether by outright sale, deed,installment sale contract,land contract,contract for deed,leasehold interest with a term greater than 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 Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation,partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent(25%)of the voting stxk, partnership interesls or limited liability 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 law or by Nebraska law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust. Payment. Trustor shall pay when due(and in all events prior to delinquency)ell texes, special taxes, assessments, charges (including water and sewer), fines and impositions levied agafnst or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Rl�t To Contest. Trustor may wfthhold payment of any tex,assessment, or claim in connection with a good faith dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is Hled as a result of nonpayment,Trustor shall within fifteen (15)days after the Uen arises or,if a lien is filed,within fifteen(15)days after Trustor has notice of the flling,secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount suificient to discharge the lien plus any costs or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shall saHsfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an addHional obligee under any surey bond furnished in the contest proceedings.