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11-09-1999 DEED OF TRUST Page 2
<br /> Loan No 1041326 (Continued) 9 9 13. 10 2 2
<br /> Note. The word"Note"means the Note dated November 9,1999,in the principal amount of s65,600.00 from Trustor to Lender,
<br /> together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. The maturity date of this Deed of Trust is
<br /> November 15,2000.
<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 Properiy; 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 Properly. The words"Real Property"mean the property,interesis and rights described above ln the"Conveyance and Grant"section.
<br /> Releted Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements,guaranties,securiiy agreements,mortgeges,deeds of trust,and all other instruments,agreements and
<br /> documents,whether now or hereafter e�dsting,executed in connection with the Indebtedness.
<br /> Rents. The word"Rents"means ell 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 substltute or sucxessor 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.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN TFIE RENTS AND PERSONAL
<br /> PROPERTY, IS GIVEN TO SECl1RE (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 othe�wise 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 agrses that Trustor's possession and use of the Property shall be governed by
<br /> the following provisions:
<br /> Posaession 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 Renis irom the Property.
<br /> Duy to Maintdn. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> Hazardous Substancxs. The terms"hazardous wasta,""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. Secdon 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.
<br /> 99-499("SARA'�, the Hezardous 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 eppl'icable 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 represenis 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 wrifing, (i)any use,generation,manufacture,storage,treatment,disposal,release, or threatened
<br /> release of any hezardous waste or substance on,under,about or irom the Property by any prior owners or occupants of the Property or (ii)any
<br /> acival or threatened litigation or claims of any kind by any person relating to such matlers; 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 irom the Properiy and (ii)any
<br /> such activity shall be conducted in compliance with all applicable federal,state,and local laws, regulallons and wdinances, including without
<br /> limitation those Iaws, regulations, and ordinances described above. Trustor authorines 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 inspec6ons or tests made by Lender shall be fw Lender's purposes only and shali not be construed to create
<br /> any r�ponsibility or liability on the part of Lender to Trustor or to any other person. The representa8ons 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 contribudon 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 agair►st any and all claims, losses, liabilifies, 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 indemniy, 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,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 /> Properly or any portion of the Property. Without limiting the generality of the foregoing,Trustor will not remove,or grant to any othar party the
<br /> right to remove,any timber,minerals(including oil and gas),sal,gravel or rock products without the prior written consent of Lender.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvemenis from the Real Prope�ty 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 Improvemenis with Improvements of at least equal value.
<br /> Lender's Rlyht to Enter. Lender and iis agents and representatives mey enter upon the Real Property at all reasonable times to attend to
<br /> Lende�'s interests and to inspect the Property for purposes of Trustor's compiiance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Govemmental Requlrements. Trustor shali prompdy comply with all laws,ordinences,and regulations, now or hereaRer in
<br /> effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contast in good faith any such law,
<br /> ordinance,or regulation and withhold compiiance during any proceeding,including appropriate appeals,so long as Trustor has notified Lender
<br /> in wriHng prior to doing so and so long as,in Lender's sole opinion,Lender's interests in�e.Proporty arp oQ t j�opardized. Lender may require
<br /> Trustor to post adequate securiry or a sureiy bond,reasonabty satisfactory to Lender,to�roi�ct Lenddr's'intel•e�t
<br /> Duty to ProteCt. Trustor agtees neither to abandon nor leflve 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 /> 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 Properiy,or any interest in the Real Property. A
<br /> "sale or transfer"means the conveyance of Real Property or any right,Hde or interest therein;whether legal,beneficial or equitable;whether voluntary
<br /> or involuntary;whether by oufight sale,deed, instellment sale contract,lend contract,contract for deed,leasehold interest with a term greater than
<br /> three (3)years, lease-option contract, w by sale, assignment, or transfer of any beneficial interest in or to any Iand t�ust holding tide to the Real
<br /> Property, or by any other method of conveyance ef Real Prope►ty interest. If any Trustor is a corporation,partnership or limited liability company,
<br /> � transfer also includes any change in ownership of more than lwent�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 /> Iaw or by Nebraska Iaw.
<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 prior to delinquency)atl taxes,special taxes, assessments, charges (including water
<br /> and sewer), flnes and impositions levied against or on axount of the Property, and shall pay when due all claims for work done on or for
<br /> servic:es 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 otherwise provided in this Desd
<br /> of Trust.
<br /> Rl�ht To Contest. Trustor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligatton
<br /> to pay,so long as Lender's interest in the Property is not Jeopardized. If a Ilen arises or Is flled as a result of nonpayment,Trustor shall within
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