|
2� 1 ��3235
<br /> aEE� oF TRusT
<br /> Laan No: 'I�1�95634 {��ntinued� Page 2
<br /> grants ta Lender a Unifvrm �vmmercial Code security interest in the PersQnal Property and Rents.
<br /> THiS DEED �F TRUST, lNCLUD�NG THE ASSIGNIVIENT QF RENTS AND THE SECURITY lNTEREST iN THE RENTS AND
<br /> PERS(3NAL PR[3PERTY, IS GIVEN T� SECURE �A� PAYMENT �F THE INDEBTEDNESS AND [Bj PERF�RMANCE �F
<br /> EACH �F TRUST�R'S A�REEMENTS AN❑ qBL�GATI�NS UNQER THIS DEED �F TRUST. THIS DEED aF TRUST �S
<br /> GIVEN AND ACCEPTED�N THE F�LLOWING TERMS:
<br /> PAYMENT AND PERF�RMANCE. Ex�ept as athsrw�se pro�ided in this De�d �f Trust, Trust�r sha�1 pay to Lender a��
<br /> amounts se�ured by this Deed of Trust as thsy become du�, and shalR strictly and in a timely manner p�rform all vf
<br /> Trustor's ohligations under the Credit Agreement, this Deed of Trust, and the Related Dv�uments.
<br /> P�SSESSI�N AND MAINTENANCE �F THE PR�PERTY. Trustar agre�s that Trustnr's possession and us� of the
<br /> Praperty shall be go�erned by the fallnwing pra�isians:
<br /> Possession and Use. Until the ❑ccurrence af an E�ent ❑f De�ault, Trustor may �1� r�main in possession and
<br /> control of the Praperty; �2y use, operate or manage the Property; and �3� colfect the Rents from the Proper�y.
<br /> auty tv Maintain. Trustor shaii maintain the Property in good conditi�n and promptly perf�rm all repairs,
<br /> rep�acements, and maintenance necessary to preser�e its �a1ue.
<br /> Hazardous 5ubstances. Trustor repr�sents and warrants that the Property n��er has been, and ne�er will be so
<br /> long as this Deed af Trust remains a lien on the Property, used f�r the gen�ratian, manufacture, storage,
<br /> treatment, dispvsal, release �r threatened release ❑f any Hazardous 5ubstance in �i�iation of any En�rirvnmental
<br /> Laws. Trustor autharizes Len��r and its agents ta ent�r upan �he Praperty to mak� �u�h inspectians and tests as
<br /> Lender may deem appropriate t� determine compliance of the Property w�th this sectian of the Deed of Trust.
<br /> Trustor hereby �1� releases and wai�es any future �laims against Lender for indemnity ❑r cvntributivn in the e�ent
<br /> Trustvr beGom�s liable fa� cleanup ❑r other costs under any such laws, and �2� agrees to indemnify, d�fend, and
<br /> hald harmless Lender against any and all claims and losses resulting frvm a breach of this paragraph of the ❑eed �f
<br /> Trust. This abfigation to �ndemnify and defend shall sur�F�e 'the payment of the lndehtedness and the satEsfactian
<br /> af this Qeed o�Trust.
<br /> DUE �N SALE - C�NSENT 6Y LENDER. Lender may, at Lender's aptian, declare immediately due and payable a!I sums
<br /> se�ured by this Deed af Trust upan the sale ar transfer, with�ut Lend�r's privr written consent, af all ❑r any part ❑f the
<br /> Real Property, or any interest in the Rea� Prvperty. A "sale ar transfier" means the can�eyance of Real Praperty vr any
<br /> right, title vr interest in the Real Prvperty; whether legai, beneficial ar equital�le; whether �oluntary ar in�oluntary;
<br /> whether by autright sale, deed, installment sale �ontrac�, land cantract, contract for deed, leasehold interest with a
<br /> term greater than three �3� years, lease-optivn �ontract, or �y sale, assignment, vr trans#er af any beneficiai int�rest in
<br /> vr to any land trust holding title to th� Real Property, or by any ather methvd o# con�eyance af an interest in the Rea�
<br /> Property. Howe�er, this option shall not be exer�ised by Lender if such ex�rcis� is prohibited by federa! law or by
<br /> Nebraska iaw.
<br /> TAXES AND LIENS. The #allowing pr��isions �elatin� tfl th� taxes and �iens fln the Property are pa�t of this Deed �f
<br /> Trust:
<br /> Payment. Trustor shall pay when due {and in all e�ents prior to delinqu�ncy� alf taxes, special taxes, assessments,
<br /> charges �including water and sewery, fines and impositions le�ied against or on account of the Property, and shall
<br /> pay when due all claims for wark dane on or for ser�ices rendared or material furnished ta the Property. Trustar
<br /> shall maintain the Property fr�e �f all liens ha�in� privrity v�er ar equal tv the interest ❑f Lender under this Deed ❑f
<br /> Trust, except for the lien �f taxes and assessments nat due, ex�ept for the Existing lndebtedness referred ta
<br /> be�flw, and e�cept as otherw+se pr��id�d in this ❑eed ❑f Trust.
<br /> PR�PERTY DAMAGE INSIJRAN�E. Th� #ollowing pra�isions relating t❑ insuring the Prvpe�ty are a part of this Deed of
<br /> Trust.
<br /> Main#enanc� of Insurance. Trustor sha!! prvcur� and maintain palicies vf fire insuran�e with standard extended
<br /> cv�erage endorsements on a fair �aEue basis for the full insurable �alue co�ering a�l Impro�ements on the Real
<br /> Property in an am�unt sufficient to a�oid appliGativn af any cainsurance clause, and with a s�andard mvrtgagee
<br /> clause in fa�or of Lender, together with such ❑ther hazard and fiability insurance as Lender may reasanably require,
<br /> Pa�i�ies shall be wr�tten in torm, amounts, co�erages and basis reasanahly a�ceptab[e �a Lender and issued �y a
<br /> company ❑r companies reasvnably acc�ptable to Lender. Trustor, upnn request af Lender, will deli�er tn Lender
<br /> fram time to time the palicies ar certificates vf insurance in farm satis#actory to Lender, including stipu�ations that
<br /> co�erages wi�l not be cancelled vr diminished withvut at ieast ten �'��f days priar written notiGe to Lender. Each
<br /> insurance policy als❑ shall include an endorsement pror�iding that �o�erage in fa�or vf Lender will not be impaired
<br /> in any way by any act, ❑mission ar default vf Trustvr ar any ❑ther person. Shou�d the Real Prop�rty be I�cated in
<br /> an ar�a designated by the Administratar ❑f the F�deral Emergency Management Ag�n�y as a specia� �laad hazard
<br /> area, Trustar agrees to ob�ain and maintain Federal Flaod Insuran�e, if a�ailable, far the maximum amaunt ❑f
<br /> Tsustor's credit line and the full unpaid principal balance of any prinr liens �n the prop�rty securing the Ioan, up tti
<br /> the maximum policy limits set under the iVativnal Flaod lnsurance Program, vr as atherwise required by Lender, and
<br /> t❑ maintain such insurance for the term �f the loan.
<br /> LENDER'S EXPENDITLIRES. If Trustvr fails �A} ta keep the Pr�perty �ree of ai� taxes, liens, security interests,
<br /> encumbran�es, and other claims. �B} to pra�ide any required insurance an the Praperty, �C� tv make repairs to the
<br /> Property ar to comply with any �bligatian t❑ maintain Existing Indebtedness in gaod standing as required bei�w, then
<br />
|