|
2� 1 ��7119
<br /> DEED �F TRUST
<br /> L�an No: 'I�'i�98'I 99 �C�ntirlued� Page �
<br /> int�rest in and to all present and future leases o# the Praperty and all Rents �rom the Property. In additian, Trustor
<br /> grants to Lender a Uni�orm Commer�ial �ode security interest in the Personal Proper�y and Rents.
<br /> TH15 DEED DF TRUST, INCLUDIN� THE ASSI�NMENT DF RENTS AND THE 5ECL1RiTY INTEREST IN THE RENTS AND
<br /> PERS�NAL PRaPERTY. 15 GIVEN T� SECURE �A� PAYIVIENT QF THE INDEBTEDNESS ANQ �8} PERF�RMANCE �F
<br /> EACH �F TRUST�R'S AGREEMENTS AND UBLIGATf�NS UNDER THIS DEED �F TRUST. THIS DEED �F TRUST IS
<br /> GIVEN AN❑ACCEPTED QN THE F�LL�WING TERMS:
<br /> PAYMENT AN❑ PERFaFiMANCE. Except as vtherwise pr��ided in this D�ed of Trust, Trustar shatl pay to Lender all
<br /> am�unts secured by this Deed ❑f Trust as they bscome due, and shall stri�tly and in a trmely manner pertorm all af
<br /> Trustar's o�ligatians under the Credit Agreement, this D�ed of Trust, and the Retated Documents.
<br /> P�SSESSI�N AND MAINTENANCE �F THE PR�]PERTY. Trustor agrees that Trustor's possessi�n and use ❑f the
<br /> Property shall be ga�erned by the fo!lowing pro�isions:
<br /> Possession and Use. Until the ❑ccurrence af an E�ent af Defauit, Trustor may �'1} remain in possession and
<br /> cantrol of the Property, ��� us�, �pe�ate or manage the Praperty; and t3� �tille�t the R�nts frvm th� Prop�rty.
<br /> Du�#y to 11Jlaintain. Trustor shalf maintain the Property in go�d conditivn and prompt�y perform all repairs,
<br /> replacements, and maintenance necessary to preser�� its �alue.
<br /> Hazardous Subs#ances. Trustor represents and warrants #hat the Property ne�er has been, and ne�er will b� so
<br /> I�ng as this aeed of Trust remains a lien ❑n the Property, used for the generatian, manufaGtur�, s��rage,
<br /> treatment, disposal, r�lease �r threatened release o� any Hazardous 5ubstance in �iolatian of any En�ironmentai
<br /> Laws, Trustar �uthorizes Lender and its agents to en��r upon the Pr�perty to make su�h inspectians and tests as
<br /> Lender may deem appropriate to determine compiian�e ofi the Prvperty with this section o� the Deed ❑fi Trust,
<br /> Trustor h�reby �1� releases and wai�es any future claims against L�nder for indemnity�r contribution tn the e�ent
<br /> Trust�r bec�mes �iable �o� cleanup ❑r vther costs under any su�h laws, and �2� agr�es t❑ indemnFfy, de�end, and
<br /> hold harmless Lend�r against any and all c�aims and lasses resulting fr�m a breach ❑f this paragraph of the Deed of
<br /> Trust. This obligatian to indemnify and defend sha�! sur���e the payment af the Inde�tedness and the sa�isfaction
<br /> a#this ❑eed ❑f Trust.
<br /> DUE ON SALE - CC�NSENT BY LENDER, Lender may, at Lender's option, d�clare immediately due and payable ali sums
<br /> se�ured by this ❑eed of Trust upon the sale or trans�er, wi�haut Lender's prior written c�nsent, af all or any part❑f the
<br /> Reai Praperty, or any interest in the Real Praperty. A "sale or transfer" m�ans the con�eyance af Real Property or any
<br /> right, title �r interest in the Real Property; whe�her legai, beneficial or equitable; whether �o�untary vr in�oluntary;
<br /> whether hy vutright sale, deed, �nstallment sale contract, land contract, con�ra�t far deed, leasehold interest with a
<br /> term greater than three {3y years, lease-vption cantract, or by sale, assignment, or transfer �f any beneficia! in�erest in
<br /> ar tv any land trust holding titie t❑ the Real Pr�perty, or by any ❑ther methad ot con�eyance ❑� an interest in the Real
<br /> Property. Howe�er, this ❑ptian shall not be exercised by Lender if such exercise is prohibited by federai law ❑r by
<br /> N�braska law.
<br /> TAXES AND LIENS. Th� following pra�isians rslating to the taxes and liens ❑n the Property are part af th�s �eed of
<br /> Trust:
<br /> Paymen#. Trustar shall pay when due (and in ali e��nts prior to delinquency� all taxes, special taxes, assessments,
<br /> charges tincluding water and sewer�, fines and imp�sitivns le�ied against ❑r on accaunt at the Praperty, and shali
<br /> pay when due all claims far w�rk done on ❑r fvr ser�i�es rendered ar materia� furn�shed t❑ th� Property. Trustor
<br /> shall maintain the Prvperty free ❑f a�l liens ha�ing priority o�er ❑r equal to the interest ❑f Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessments not due, except for the Existing fndebtedness referred t❑
<br /> bef�w, and except as vtherwise pro�ided in this Deed of Trust.
<br /> PR�PERTY DAMAGE INSURANCE. The fvllowing pro��sions re�ating to insuring the Property are a part �f this ❑eed ❑f
<br /> Trust.
<br /> Maintenan�e of lnsuran�e. Trustor shalf praGure and ma�ntain pvlici�s of fire insurance with standard extended
<br /> cv�e�age endorsements an a fa�r �alue basis fvr the fu�� insurable �alu� co�ering all Impra�ements ❑n the Real
<br /> Property in an amount sufficient to a�oid appli�ativn o# any cotnsuran�e clause, and with a standard m�rtgagee
<br /> clause sn fa�ar af Lender, tagether with such ❑ther hazard and liabilify insurance as Lend�r may reasonab�y req�ire,
<br /> Po�icies shall be written in form, amounts, cv�erages and basis reasonably acceptab�e ta Lender and issued by a
<br /> company vr companies reasonably acceptable tv Lender, Trustar, upon r�quest of Lender, will deli�er to Lender
<br /> from tim� to time the policies or �erti€i�ates of �nsurance in f�rm satisfactory to Lender, including s�ipulations that
<br /> co�erages wifi not be cancelled or diminish�d withaut at least ten t 1�� days priar w�itten natice to Lender. Each
<br /> �nsurance policy a�sv shall in�lude an endorsement pro�iding th�t co�erage in fa�ar ❑f Lender will not be impaired
<br /> in any way by any act, omission ❑r default of Trustor or any ather pers�n. 5hould the Real Property be located in
<br /> an area designated by the Administrator of the Federal Emergency Management Agen�y as a special flo�d hazard
<br /> area, Trustor agrees tv abtain and maintain Federal Flaad Insurance, i� a�ailabfe, for the maximum amount of
<br /> Trust�r's credit line and the full unpaid principal balance of any prior liens on the prvperty seGuring ihe laan, up t❑
<br /> the max�mum policy limits set under the Natfonal Flood Insurance Pragram, or as vtherwise required by Lender, and
<br /> to maintain such insuran�e for the term of the I�an.
<br /> LENDER'S EXRENDITURES. If Trustar fails �A� t❑ keep the Praperty free of a�� taxes, liens, secur�ty int�rests,
<br /> encumbrances, and nther claims. �B} t� pro�ide any required fnsurance on the Property, �Cy to make repairs �❑ the
<br />
|