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Lo n8No999542 9 9 11 Q 6 9 Q DEED OF TRUST �ag�e 2" -
<br /> (Continued) � ��
<br /> become barred by any statute of limitations,and whether such Indebtedness may be or hereafter may become otherwise unenforceable.
<br /> Lender. The word"Lender"means Nebraska National Bank,its successors and assigns.
<br /> Note. The word "Note"means the Note dated October 8,1999, in the principal amount of $440,136.00 from Trustor 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 property; 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 Prope�ty"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 nom the
<br /> Property.
<br /> Trustee. The word'Trustee"means NEBRASKA NATIONAL BANK and any substitute or successor trustees.
<br /> Trustor. The word'Trustor"means any and all persons and entities executing thls Deed of Trust,including without Iimkatfoa eN Trustors named
<br /> above. ,d
<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 /> 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 foilowing provisions:
<br /> Possesslon 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 Supertund 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"hezardous 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 acknowledc�ed by Lender in writin�(i)any use,generation, manufacture,storage, treatment,disposal,release, or threatened
<br /> release of any hazardous waste or substance on,under,abouf or fr-om e Property by any prior owners or occupanfs o��Fie Froperfy or n any
<br /> actual or threatened litigation or claims of any kind by any person reiating 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 suthorized 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 /> Iimitation 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 Properfy 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 Iiability 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 (�)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, liabilities, damages, penaities, and
<br /> expenses which Lender may directly or indirectly sustain or suffer resuNing 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 /> Nulsance,Weste. 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(inciuding oil and gas),soil,gravel or rock products without the prior written consent of Lender.
<br /> Removal of Improvements. Trustor shali 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 /> CompllanCe with Governmental Requirements. Trustor shail 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 eny such law, ordinance, or regulation and withhoid 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, reasonebly
<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 /> CONSTRUCTION LOAN. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction
<br /> ot any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (or such earlier date as
<br /> Lender may reasonably establish) and Trustor shail pay in full all costs and expenses in connection with the work. Lender, at its option, may
<br /> disburse loan proceeds under such terms and conditions as Lender may deem necessary to insure that the interest created by this Deed of Trust
<br /> shall have priority over all possible liens, inciuding those of material suppliers and workmen. Lender may require, among other things, that
<br /> disbursement requests be supported by receipted bills, expense a�davits, waivers of liens, construction progress repo�ts, and such other
<br /> documentation as Lender may reasonably request.
<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,beneficiai or equitable;whether voluntary
<br /> or fnvoluntary;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 in or to any Iand trust holding title to the Real
<br /> Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation, partnership or Iimited liability company,
<br /> transfer also includes any Change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or iimited 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
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