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Loan No 1038116 DEED O n edUST 9 9 11�r� $� Pege z
<br /> Personal Property. The words "Personal Property" mean ell equipment, foctures, and other articles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or affoced 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 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 agreemenis,guaranties,securiy agreements,mortgages,dseds 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,royalHes, 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 executlng this Deed of Trust,including without Iimitatlon all Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND TFIE SECURITY INTEREST IN TFIE RENTS AND PERSONAL
<br /> PROPERTY, IS GIVEN TO SECURE (1)PAYMENT OF TFIE INDEBTEDNES8 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, INCLUDING THE
<br /> ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY
<br /> AND ALL OBLIGATIONS OF TRUSTOR UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF
<br /> EVEN DATE HEREWITH. ANY EVENT OF DEFAI�T UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED
<br /> DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAI�T UNDER THIS DEED OF TRUST. THE NOTE AND THIS
<br /> DEED OF TRUST ARE GIVEN AND ACCEPTED 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 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 Properiy.
<br /> Duty to Maintain. Trustor shall maintain the Properly in tenantable condiHon and prompHy perform all repalrs,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 Liabiliiy Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Resuthorization 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 Iaws,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 peholeum 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 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 /> gene�ate,manufacture,store,treat,dispose of,or release any hezardous waste or substance on,under,about or irom the Property and (ii)any :
<br /> such activity shall be conducted in compliance with all applicable federai,state, and local laws, regulations and ordinances, including without :
<br /> limitation those Iaws, regulations, and ordinances described above. Trustor authorizes Lender and its agents to enter upon the Properiy to
<br /> make such inspections and tests, at Trustor's axpense, 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 representadons 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 Iaws, 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,permit,or suffer any shipping 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),soil,gravel or rock producis 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 requfre Trustor to make arrangements satisfactory to lender to
<br /> replace such Improvements with Improvements of at least equal value.
<br /> Lender's Rlyht to Enter. Lender and its agents and representatives may enter upon the Real Pdoperty 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 conditiDns of this Deed of Trust. :
<br /> Compliance with Govemmental Requirements. Trustor shall promptly comply with all laws, ordinances,and regulations, now or hereafter in
<br /> effect, of all govemmental authorities applicable to the use or occupancy of the Property, including without limitatlon, 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 acls :
<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 optlon,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 pa�t of the Real Properiy,or any interest in the Real Property. A
<br /> "sale or transfer"means the conveyance of Real Property or any right,6tle or interest therein;whether legal,beneficial or equitable;whether voluntary :
<br /> or involuntary;whether by outright sale,deed, installment sale contract,Iand 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 beneficial interest in or to any land 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 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 Property are a part of this Deed of Trust. :
<br /> Payment. Trustor shall pay when due(and in all events p�ior to delinquency)all taxes,special texes,assessments,charqes (includinq 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 and except as othervvise provided in this Deed
<br /> of Trust.
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