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<br />05-08 -2000 20000 39.f 0 DEED OF TRUST Page 2
<br />Loan No 25517 (Continued)
<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 hereafter existing, executed In connection with the Indebtedness.
<br />Rents. The word'Rente means all present and future rent§, revenues;,income, issues, royalties, profits, and other benefits derived from the
<br />Property.
<br />Trustee. The word "Trustee" means EXCHANGE 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 limitation all Trustors named
<br />above.
<br />TMS 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 Trustoes obligations under the Note, this Deed of Trust, and the
<br />Dc�u�nent� •� :. o- : :., :� R :+'�S�uy'i%.$ � � ,,. .e ��'S;,.� '- ;,*�aS'+s,!"`=`, .'^Y� `t;'���rrt ` -� , '� . :.;� # � 1
<br />POSSES" AND MAINTENANCE OF TM PROPERTY. Truster egress that Tnfator'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. 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 Liability Act of
<br />1980, as amended, 42 U.S.C. Section 9801, at seq. ("CERCLA'), the Superfund Amendments and Reauthorization Act of 1988, Pub. L. No.
<br />99- -499 ("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act,
<br />42 U.S.C. Section 8901, at 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 by- products or any fraction
<br />thereof. and asbestos. Truster represents and warrants to Lender that:. (a) During the period of Trustoes ownership of the Property, there has
<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) Trusty 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 threatened q
<br />release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or. (U), 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 />acknowledged by Lender In writing, (i) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use,
<br />generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Property and (11) any
<br />such activity 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 Property to
<br />make such inspections and tests, at Trustoes expense, as Lender may doom 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 />waives any future olaints agahusf t irtdrr'for Mdsrnnily or oorrhlbti - - ' to die wuu�nt'T utnor becomes liable for else I++ yT i$) reisanes —
<br />such laws, and (b) agrees to Indemnity cleanup or other e� ender any
<br />nify and hold harmless Lander against. arty and all calms, losses, liabilities, damages, penalties, 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, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyanoe of the Hen 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 otherwise.
<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 off and'ges), soll, gravel or rock products without the prior written consent of Lender.
<br />Removal of Improvements. Trustor shah not demolish or remove any improvements from the, I* Property without the; prior written consent k
<br />of Lender. As a condition to the removal of any Improvements, Lend_ er may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with improvements of it least equal value.
<br />Lender's Right to Enter. Lender and Its agents and representatives may enter upon the Real Property at all reasonable times to attend to
<br />Lender's Interests and to Inspect the Property for purposes of Trustoes oomplianoe •with the terms and conditions of this Deed of Trust. .
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
<br />effect, of all governmental authorities applicable to the use or occupancy of the Properly. Trustor may contest in good faith any such law,
<br />ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notified Lender
<br />In writing prior to doing so and so long as, in Lender's sole opinion, Lender's Interests in the Property are not jeopardized. Lender may require
<br />Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender; to protect Lender's Interest.
<br />Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts, in addition 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 />, or Mltovat **.the Gaai A
<br />upon itw soli or Irarq�srruthut;#dar's wriSsr► corm, at -ant cs,tutY: ++!!!pUfft!: erfY
<br />"sate or tififwir" insane rice of'Real Properly or any right, title or interest therein; wti er 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, lease- 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 Trusty is a corporation, partnership or limited liability company,
<br />transfer also includes any change in ownership of more than twenty -flve percent (26%) 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 Hens 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 Ilens having priodly.over or equal to the
<br />Interest of Lender under this Deed of Trust, except for the Hen of taxes and assessments not due and except as otherwise provided In this Deed
<br />Of Trust.
<br />Right To Content. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation
<br />to- pay, :so long'as Lendeesl interest in the Property Is not jeopardized. If a Hen arises or ls filed as a result of nonpayment, Trustor shall within
<br />fifteen (18) days after the lien arises or, If a Hen is flled,•wlthin 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 sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufflcent to discharge the lien plus any costs or other charges that could accrue as a result of a foreclosure or sale under the Hen. In
<br />any contest, Truster shall defend itself and Lender and shah satisfy any adverse judgment before errfarcerrwM against the Property. Trustor
<br />shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings.
<br />Evidence of Payment. Trustor st1a1 upon demand furnish to Lender � avlon" of #tltif� tatiasen •or assessments and shall
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