|
04-02-1999 9� 1��388 Page 2
<br /> DEED OF TRUST
<br /> Loan No 922799 (Continued)
<br /> September 7,1999.
<br /> Personal Property. The words "Persprqi p�rqparty' mean aN equipment, Nxtures, and other ardcles of personal property now or hereafter
<br /> owned by Trustor, and now or here4fter s#t�ed 4r a(tbcad,;�p,;ti�e qeal prpperty topether with all accessions, parts, and additions to, all
<br /> replacements of, and all subStituNons for, any of..such prbp�rty;And-topsther with all proceeds (including without limitation all insurance
<br /> proceeds and refunds of premiums)f�om any sale or other disposiHon of the Property.
<br /> Property. The word"Property"means coliectively the Reai 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 hereaHer existing,executed in connection with the Indebtedness.
<br /> Rents. The word"Ren1s"means all present and future rents,revenues, income, issues,royalN�, profds,and other beneflts derived from the �
<br /> Prope�ty._ '
<br /> d
<br /> ,
<br /> Trustee. The word"Trustee"means UNRED NEBRASKA BANK and any subatltute or successor trustees.
<br /> Trustor. The word"Trustor"means any and all persons and entiHes execuHng this Deed of Trust,including without limitation all Trustors named
<br /> above.
<br /> THIS 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!:lVDER THE NOT€�TI�NE f.Et..'1TED DOEUA�iENTS,/WD'rF�11S DEED OF TRU8T. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br /> ON THE FOLLOWINQ TERMS:
<br /> PAYMENT AND PERFORMANCE. Faccept 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 DocumeMs.
<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 /> Possesslon and Use. Until the occurrence of an Event of De(ault,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 Melntain. 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'lhreatened 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 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 substance"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,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 (ii)any
<br /> actual or threatened IitigaUon 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 wridng, (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 hezardous waste or substance on,under,about or from the Property and (II)any
<br /> such activity shall be condueted in compilance with all applicabie federal,stRte, and tocal laws, regulations and ordinances, fnciuding without
<br /> limitation fhose laws, regulations, and ordinances described above. Trustor authorizes Lender and iis agents to anter 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 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 /> based on Trustor's due diligence in 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) agreas to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and
<br /> expenses which Lender may directly or indirectly sustain or suNer resulting from a breach of this section of the Deed of Trust or as a
<br /> consequence of any use,generaHon, 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 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 /> Properfy or any poAion of the Prope�ty. 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),soil,gravel 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 at 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 Trustor's compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Fiequirements. Trustor shall promptly comply with all laws, ordinances,and regulations, now or hereafter in
<br /> effect, of all governmental suthorities applicable to the use or occupancy of the Property. 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 unatte_nded the Pro�erty. 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"means the conveyance of Real Property or any right,title or interest therein;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, leas�option contract, or by sale, assignment, or transfer of any beneflcial interest in or to any Iand trust holding title to the geal
<br /> Property, or by any other method of conveyance of Reai Property interest. 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 Iiability
<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 federai
<br /> law or by Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the ta�ces and liens 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 liens having priority over or equal to the
<br /> interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due,except for the existinQ indebtedness referred
<br /> to below,and except as otherwise provided in this Deed of Trust.
<br /> Fifght 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 filed as a result of nonpayment,Trustor shall within
<br /> fifteen (15)days after the lien arises or, if a lien is 81ed,within�ifteen(15)days affer 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 />
|