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oa-�7-�s98 DEED OF TRUST g�.. 1�3418 Page 2
<br /> Loan No 702951 (Continued)
<br /> owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br /> replacements of, and all substitutions for, any of such properly; end together wfth ail proceeds (including without limitation all insurance
<br /> proceeds and reiunds of premiums)from any sale or other disposition of the Property.
<br /> Property. The word"Property"means collecHvely 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 /> Relaled Documents. Tha words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreements,envlronmental agreements,guaranties,security agreements,mortgages,deeds of trust,and all other instruments,agreements and
<br /> documents,whether now or hereafter exisHng,executed in connecNon with the Indebtedn�s.
<br /> Rents. The word"Rents"means all present and future renls,revenues, income, issues,royalties,profits, and other benefits derived from the
<br /> Property.
<br /> Trusiee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute or suc�essor trustees.
<br /> Trustor. The word'Trusto�'means any and all persons and entities executing this Deed of Trust,including without limitation all Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INCIUDiNG 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 PEiiFORMANCE. Except as othervirise provided fn this Deed'of Tn�st,Trustor shaN pay to Lender aN amounts secured by this Deed
<br /> of Trust as they become due,and shaN strictly and In a timely mann�perform aN of Trustor's obligatlons under the Note,this Deed of Trust,and the
<br /> Related Dxuments.
<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 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 hom the Property.
<br /> Duty to Maintain. Trustor shail maintain the Property in tenantable condition and promptly perform all repairs,replacements,and meintenance
<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 Trusf,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 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. l. No.
<br /> 99-499("SARA'�, the Hazardous Materials Transportation Act,49 U.S.C. Section 1801,et seq.,the Resource Conservation and Recovery Act,
<br /> 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
<br /> terms"hazardous waste"and"hazardous substence"shall also include,without limitation,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,generaGon,manufacture,storage,heatment,disposal,release or threate�d release of any hazardous waste or substance by any
<br /> person on,under,about or from the Property; (b)Trustor has no knowled�e 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 irom the Property by any prior owners or occupants of the Property or (ii)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 T�ustor 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 (ii)any
<br /> such activity shall be conducted in compliance with all applicable federal,state, and local laws, regulations and ordinances, including without
<br /> timitation those iaws, regulations, and ordinances described above. Trustor suthorizes Lender and its agents to enter upon the Property to
<br /> make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with this
<br /> section of Uw D�d of Tr�st. �Rny ir�pec4onS or tecis made by lencJOr shell be for Lender's purposas only a�d sha�not be consMuad to create
<br /> any responsibiNty or NebiNfy on the part of Lender to Trustor or to eny other person. The representations and warranHes conteined �n are
<br /> based on Trustor's due diligence in investigating the Property for hazardous waste and hazardous substances. Trustor hereby (a)releases and
<br /> waives eny future claims against Lender for indemnity or contributfon in the event Trustor becomes liable for cleanup or other costs under any
<br /> such Iaws, and (b) agrees to indemnify and hold harmtess Lender agafnst any and all claims, 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 sunrive the payment oi the
<br /> Indebtedness and the satisfaction and reconveyance of the lien 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 generaliiy 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),soil,gravel or rock products without the prior written consent of Lender.
<br /> Hemovel 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 at least equal value.
<br /> Lender's Riyht to Eoter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to ariend 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 Govemmental Requlrements. Trustor shall promptly comply with all Iaws, ordinances,and regulations, now or hereafter in
<br /> effeci, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good faith any such law,
<br /> ordinance,or regulatlon and withhold compliance during any proceeding,including appropriate appeals,so�ong as Trustor has notiNed 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 securiry 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 charactar 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,declaraJmmediately due and payabig all sums secured by this Deed of Trust
<br /> upon the sate 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"means the conveyance of Real Property or any right,title or interest therein;whether legal,beneflcial or equitable;whether voluntary
<br /> or involuntary;whether by outright sale,deed,instaliment sale contract,land contract,contract for d9ed,lessehoid ipterest with a term greater than
<br /> three (3)years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest fn or to eny-land trust holding tifle to the Real
<br /> Property, or by any other method o(conveyance of Real Property inierest. If any Trustor is a corporation, partnership or limited liability company,
<br /> transfer also includes any change 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 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 liens on the Prope�ty are a part of this Deed of Trust.
<br /> Payment. Trustor shall pay when due(and in ali events prior to delinquency)all texes,special taxes, assessments,charges (including water
<br /> and sewer), flnes 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 liens having priority over or equal to ihe
<br /> interest of Lender under this Deed of Trust,except for the lien of texes and assessments not due,except for the existing indebtedness referred
<br /> to below,and except as otherwise provided in this Deed of Trust.
<br /> Right To Contest. 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 Lender's interest in the Property is not jeopardized. If a lien arises or is flled as a result of nonpayment,Trustor shall within
<br /> fiReen (15)days after the lien arises or, if a lien is filed,within 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 suificient to discharge the lien plus any cosls and attorneys'fees or other charges that could accrue as a result of a foreclosure or sale
<br /> under the lien. In any contest,Trustor shail defend itself and Lender and shall satis(y any adverse judgment before enforcement against the
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