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10-04-1999 DEED OF TRUST Page 2
<br /> Loan No 1021948 (Continued) 9 9 10 9 7 9 8
<br /> against Borrower, or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the
<br /> Note,whether voluntary or otherwise,whether due or not due,absolute or contingent,liquidated or unliquidated and whether Borrower may be
<br /> liable individually or jointly with others, whether obligated as guarantor or otherwise,and whether recovery upon such Indebtedness may be or
<br /> hereafter may become barred by any statute of limitations, and whether such Indebtedness may be or hereafter may become otherwise
<br /> unenforceable. (Initial Here �
<br /> Lender. The word"Lender"means UNITED NEBRASKA BANK,its successors and assigns.
<br /> Note. The word "Note"means the Note dated October 4,1999,in the principal amount of $26,550.00 from Borrower to Lender,
<br /> together with all renewals,extensions,modifications,refinancings,and substitutions for the Note.
<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 Real Property; together with all accessions, parts, and additions to, all
<br /> replacements of, and all substitutions for, any of such prope�ty; and together with all proceeds (including without limitation 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 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 GranY'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 "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 /> Trustor. The word'Trustor"means any and all persons and entities executing this Deed of Trust,including without limitation all Trustors named
<br /> above. Any Trustor who signs this Deed of Trust, but does not sign the Note, is signing this Deed of Trust only to grant and convey that
<br /> Trustor's interest in the Real Property and to grant a security interest in Trustor's interest in the Rents and Personal Property to Lender and is not
<br /> personally liable under the Note except as otherwise provided by contract or law.
<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 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 /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a)this Deed of Trust is executed at Borrower's request and not at
<br /> the request of Lender; (b)Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the
<br /> provisions of this Deed of Trust do not conflict with,or result in a default under any agreement or other instrument binding upon Trustor and do not
<br /> result in a violation of any law,regulation,court decree or order applicable to Trustor; (d)Trustor has established adequate means of obtaining from
<br /> Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Trustor about
<br /> Borrower(including without limitation the creditworthiness of Borrower).
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any"one action"or"anti—deficiency"law, or any other law which
<br /> may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for
<br /> deficiency,before or after Lender's commencement or completion of any foreclosure action,either judicially or by exercise of a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br /> this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of
<br /> Trust,and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor and Borrower agree that Trustor's possession and use of the Property shall be
<br /> governed by 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 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�wners 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 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 (ii)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 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 tor 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, 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 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, per�I t,;ors�ff�r any,stripping of or waste on or to the
<br /> Property or any portion of the Property. Without limiting the generality of the foregotd'g;firustbr�Nii11►Ao�rerrove, 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 Imp`rovements 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 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 Property, including without limitation, the Americans With
<br /> Disabilities Act. Trustor may 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 sole 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.
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