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09-22 -2000 DEED OF TRUST 200007878 Page 2
<br />Loan No 1212505 (Continued)
<br />Lender, together with aI renewer, extensions, modifications, refinancings, and substitutions for the Note. The maturity date of this Dead of
<br />Trust Is September 22, 2001.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or affixed to the heal Property; together with all accessions, parts, and additions to, all
<br />replaoerrents of, and all substitutions for, any of such property; and together with all proceeds (Including without Imitation all insurance
<br />proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word " Property" means collectively the heal 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 Docunmft The words "Related Documents" mean and include without Imitation 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 "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
<br />Property.
<br />Trustee. The word "Trustee" means UNITED NEBRASKA BANK and any substitute or successor trustees.
<br />Truster. The word " Trustor" means any and all persons and entities executing this Deed of Trust, Including without Imitation all Tnustore named
<br />above.
<br />TENS 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 THNS DEED OF TRUST. THIS DIED 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 Trustor's obligations under the Note, this Deed of Trust, and the
<br />Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by
<br />the following provisions:
<br />Possession and Uss. 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) c:olled 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," Islam, and 'threatened release," as used In this
<br />Deed of Trust, shall have the same meanings as sit forth In the Comprehensive Environmental Response, Compensation, and Liability Act of
<br />1990, as amended, 42 U.S.C. Section 9601, et seq. CCERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.
<br />99-499 ("SARA -), the Hazardous Me*" Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act,
<br />42 U.S.C. Section 6901, at seq., or other applicable state or Fedsnd laws, rules, or regulations adopted pursuant to any of the "olng. The
<br />terms "hazardous waste" and "hazardous substance" shall also Include, without Imitation, petroleum and petroleum by-products or any fraction
<br />thereof and asbestos. Trustor represents and warrants to Lender that: (a) During the period of Trustor's 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) Trustor 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
<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 (I) 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 (N) 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 Trustor's expose, as Lender may doom appropriate to determine compliance of the Property with Oft
<br />section of the Deed of Trust. Any inspections or Weis 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 TrusWs due diligence M investigating the Property for hazardous waste and hazardous substances. Trustor hereby (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 laws, and (b) agrees to Indemnify and hold harmless Lender against any and all claims, losses, NabNities, 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, krduding the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the Non 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 oil and gas), soli, grovel or rock products without the prior written consent of Lender.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior written consent
<br />of Lender. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of atJeast equal value.
<br />Lender's Right to Enter. Lender and its agents and representatives may enter loon the Real Property at all reasonable tines 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 Governmentel Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter M
<br />ofect, of all governmenW authorities applicable to the use or occupancy of the Property, including without limitation, the Amerionns With
<br />Disabilities Act. Tmotor nay contest in good faith any such law, ordinance, or regulation and, withhold compliance during any proceeding,
<br />Including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as, In Lender's sale opinion,
<br />Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably
<br />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 Property.
<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 />upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any interest In the Real Property. A
<br />''sale or transfer" nears the conveyance of Real Property or any right, tide or interest thmersin; whether 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 to or to any land trust holding We to the Real
<br />Property, or by any other method of conveyance of Real Property Interest. If any Trustor is a corporation, partnership or limited NsbEy company,
<br />transfer also Includes any charge In ownership of more than twenty -five percent (25 %) of the voting stock, partnership interests or limited liability
<br />company Interests, as the case may be, of Trustor. HoweVer, this option shah 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 ions on the Property are a part of this Deed of Trust. (Including water
<br />Payment. Trustor she# pay when and sower), insee and Impositions due
<br />evied �agairst or onleaccount of then Property) and shah when due claims assessments, for worork done on or for
<br />services rendered or material furnished to the Pcoperty. Trustor shall maintain the Property free of all liens having priority over or equal to the
<br />Interest of Lender under this Deed of Trust, except for the Non of taxes and assessments not due and except as otherwise provided In this Deed
<br />Of Trust.
<br />R19M To Contest. Trustor may withhold payment of any tax, assessment, ordain) in connection with a good faith dispute over the obligation
<br />to pay, so long as Lender's interest In the Property Is` not jeopardized. If a Non arlasa or is filed as a result of nonpayment, Trustor shall within
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