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��_pq_19g9 DEED OF TRUST 9 9 � i�� 01 Page 2
<br /> Loan No (Cor�tinued) � :
<br /> t�1s, 1'hs word°Note^mesns the Note daed November 4,��,in the principal amount of 530,000.00 irom Trustor to Lender,
<br /> taqether wfth aN renewals,extensions,modificaHons,reRnanci�gs,and substituHons for the Note.
<br /> penond Prc�pery. The words "Personal Property' mean all equipment, flxtures, and other articies of personel property now or hereaffer
<br /> owned by Trustor, and now or hereafter attached or aflbced to the Real Property; together with aN accessions, parts, and addiUons to, all
<br /> replecemenls of, and aN SubsMudons for, any of such property; and topether with aN proceeds pncluding without Nmftallon aq insurance
<br /> proceeds and retunda of premiums)irom any sale or other dispositlon oi the Property.
<br /> Propsrty. The word"Property"means coNectively the Reel Property and the Personal Properiy.
<br /> R�al Propsrry. The words"Real PropeAy'mean the properly,interasts and rights descrtbed above in the"Conveyance and Grant"secUon.
<br /> qelded DoeunNnts. The words "Related Documenis" mean and indude without IimitaUon all promisaory notes, credit aqreemenis, loan
<br /> apreemenis,em�onmental egreemenis,yuarantles,securiiy apreements,mortgages,deeds of trust,and all othe►instruments,agreements and
<br /> documents,whether now or hereafter existing,executed in connection with the Indebtedness.
<br /> RMb, 'fhr wq�d^R�nb"means aN preseM a[id future rents,tevenues,income,issues,royalties, profits, and other benefits derived irom the
<br /> Property. :
<br /> TruNee. The word"Trustee"mearu Fkst National Bank in Ord and any subsUtute a successor trustees. :
<br /> Trustor. The word"Trustor'means any and all persons and entities executing this Deed of Trust,including without IimitaHon all Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INCLUDING TFIE ASSIGNMENT OF RENTS AND TFIE SECURITY INTEREST IN TFIE RENTS AND PERSONAL
<br /> PROPERTY,18 GIVEN TO SECURE (1)PAYMENT OF TFE INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
<br /> TRUSTOR UNDER TFE NOTE,TFIE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br /> ON TFIE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shall pay to Lender all amounis secured by this Deed
<br /> of Trust as they become due,and shaH strictly and in a tlmely manner perform all of Trustor's oblipations under the Note,this Deed of Trust,and the
<br /> Related Dxuments.
<br /> POSSESSION AND MAINTENANCE OF TFE PROPERTY. Trustor agrea5 that Trustor's possession and use of the Property shall be governed by
<br /> the followinp provisfons:
<br /> Posssaslon and Uss. Untll the occurrence of an Event of Default,Trustor may (a)remain in possession and control of the Property, (b)use,
<br /> operate or manape the Property,and (c)collect any Rents trom the Property.
<br /> Duty to Mdntaln. Trustor shaq maintain the Property in tenentable condition and promptly perform all repairs,replecements,and maintenancs
<br /> necessery to preserve its value. :
<br /> F�Iwrdous$ubNancsa. The terms"hazardous waste,""hazardous substance,""disposal,""release"and"threatened release;as used i�this
<br /> Deed o(Trust,shall have the seme meeninps as set forth in the Comprehensive Environmental Fiesponse,Compensabon,and Llability Act of
<br /> 1980, as amended, 42 U.S.C. Sectlon 9601,et saq. ("CERCLA'�, tha Superfund Amendmenis and Reauthorisation Act of 1986, Pub. L. No. ?
<br /> 95-499("SAF•iA'�,tha Hazardous Mate�ials TnnsportaHon Act,49 U.S.C. Seciion 1801,et seq.,the Resource ConservaHon and Recovery Act,
<br /> 42 U.S.C. SecUon 6901,et seq.,or other applk;able state or Federal Iaws,rules,or repula8ons adopted pursuant to any of the foregang. The '
<br /> terms"hazsrdous waste"and"heza�dous substance"shaN also indude,without limitation,petroleum and peholeum by-products or any fraction
<br /> thereof and asbestos. Trustor represents and warranls to Lend�that: (a)Durirq the period of Trustor's ownership of the Property,there has
<br /> been no use,generatlon,manufacture,storage,treatment,disposal,release or threatened release of any hazardous waste or substance by any
<br /> person on,under,about or irom the Property; (b)Trustor has no knowledge of,or reason to believe that there has been,except as previously
<br /> disdosed to and adcnowledged by Lender in wri6ng, (i)any use,generation,manufacture,storage,treatment,disposai,release,or threatened
<br /> releose of g�ti�zardous wasto bf subsiu�ce on�under.abouCorir�nt the�'operlYtiY�Y P�i�or owners or �(u}saY
<br /> actual or threatened IiUgatlon or dairt� of any kind by any person reladnp to such malters; and (c) Except as prevtousty disdosed to and ?
<br /> acknowledged by Lender in writing, (i) neitF►er Trustor nor any tenant, conlractor, agent or oth�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 aciivity shaN be conducted in compliance with all applicable federal,state,and local laws,regulations and ordinances,including without
<br /> Nmitatlon those laws, regulatlons,and ordinances descxibed above. Trustor suthorizes Lender and its agenis to enter upon the Property to
<br /> make such inspecMons and tests, at Trustor's expense, as Lender may deem appropriate to determine compNance of the Property wfth this ?
<br /> section of the Deed of Trust. Any inspections or tesis made by Lender shall be for Lender's purposes onty and shaH not be construed to create
<br /> any responsibNiiy or HabNiiy on the part of Lender to Trustor or to any ofher person. The representations and warrantias contained herein are
<br /> based on Trustor's due dilipence in investlgadng the Property for hazardous waste and hazerdous substanc�s. Trustor hereby (a)releases and '
<br /> waives any future daims against Lender for indemnity or contribution in the event Trustor becomes liable for deanup or oth�cosis under any
<br /> such laws, and (b) agrees to indemnNy and hold harmiess Lender against any and aN daims, losses, IiebNiHes, damafles, penelties, and
<br /> expenses which Lender may direcUy or indirectly sustain or suffer resulHng irom a breach of this section of the Deed of Trust or as a ?
<br /> consequence of any use,peneradon,manufacture,storage,disposal,release or threatened release of e hazardous waste or substance on the
<br /> properlies. The provisions of this sectlon of the Deed � Trust, induding the obligallon to indemniy, shall suM�re the payment of the
<br /> Indebtedness and the satlsfacdon and reco�veyance 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 foredosure or otherwise.
<br /> Nulsence,WaNe. Trustor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any sMpping of or waste on or to the
<br /> Property or any porHon of the Property. WRhout Iimi�rp the qenerality of the forepoing,Trustor wik not remove,or grant to any other party the
<br /> ripht to remove,any tlmber,mineraks(indudinp al and pes),soH,yrevel or rodc products without the prior written consent of l.ender.
<br /> Renaval of Improvements. Trustor shaN not demoHsh or remove any improvements from the Reai Property wfthout the prior written consent
<br /> of Lender. As a condiHon to the removal of any Improvements, Lender may require Trustor to make arcengemenls satisfactory to Lender to
<br /> replaoe such Improvements with Improvements M at least equal velue.
<br /> Lendsr's Ri�ht to Entar. Lende�'and its agenis and representaHves may enter upon the Real Properly at all reasonable Hmes 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 /> Cqnpliance with Governmental Requkements. Trustor shail promp8y compty with aA laws,ordinarxes,and regulations, now or hereafter in
<br /> etlect, of aN governmental authoritles applicable to the use or occupancy of the Property, induding without HmitaHon, the Americens With
<br /> pisab� Act. Trustor may contest in good faith any such law, ordinance, or repuletion and withhdd compliance during any proc�eding,
<br /> induding appropriate appeals, so long as Trustor has nolified Lender in writing prior to dang so and so long as, in Lender's sde opinion,
<br /> Lender's inferests in ths �operly are not jeopardize�i: L"ender�ay-require TrUStor to poat adequete security or a surety bond, reasonabty
<br /> guHsfactory to Lender,to protect Lenders interest.
<br /> Duty�Protect. Trustor agrees neither to abandon nor ieave unattended the Properiy. Trustor shali do all other acts,in addition to those acts
<br /> set forth above in tMa secHon,which irom the character and use of the Property are reasonably necessary to protect and preserve the Properiy.
<br /> pUE pl�l g/iLE-CONSENT BY LENDER. Lender may,at its option,declare immediately due and peyable aN sums secured by this Deed of Trust
<br /> upon the sab or transfer,wHF►out the Lender's prior written consent, of aA or any part of the Real Property,or any interest in the Real Property. A
<br /> ^sele pr transfer"mea�the conveyance of Real Property or any right,tide or interest therein;whether legal,bene�ial or equitable;whether vduntary
<br /> or invduntary;whether by outright sele,deed,instaNment sale contract,land contract,contract for deed,leasehold interest with a term greater than
<br /> three (3)years, leas�opdon contract, or by sale, assignment, or brar►sfer of any beneflciel interest in or to any land trust hdding Htle to the Real
<br /> Property, or by any other method of conveyance of Reai Property interest. If any Trusfor is a corporatlon,partnership or Iimited liabiliiy company, ?
<br /> transfer also indudes any change in ownership of more than twenty-live percent (25%)of the voNng stock, partnership interesls or Amited liabiliiy
<br /> company interesis,aa the case may be,of Tn�stor. However,this op�on shaA not be e�cercised by Lender ff such exercise is prohibited by federai
<br /> law or by Nebraska law.
<br /> TAXES AND LIENS. The(oUowirp provisions relating to the texes and liens on the Properiy are a part of this Deed of Trust.
<br /> Paymatt. Trustor shall pay when due(and in all events prior to delinquency)all taxes,special taues,assessments, charges (induding water
<br /> end sew�), flnes and impositions levied ageinst or on account of the Property, and shall pay when due all cleims for work done on or for
<br /> services rendered or material furnished to the Properly. Trustor shalt maintain the Prop�ty iree of all liens having priority over or equal to the
<br /> interest of Lender under this Deed of Trust,except for the Nen of taxes and assessmenis not due and except as otherwis�provided in this Deed
<br /> of Trust.
<br /> Rlpht To Contest. Trustor mey withhdd payment of eny tax,assessment,or daim in connectlon with a good faith dispute over the obligation
<br /> to pay,so long as Lender's interest in the Properiy is not jeopardized. If a lien arises or is flled as a result of nonpayment,Trustor shall within
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