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��-�2-1999 DEED OF TRUST 9 9 1114 6 5 pege 2
<br /> Loan No 1043066 (Continued)
<br /> connection with the Indebtedness.
<br /> Improvements. The wwd "improvements"means and includes without limitation all exlsting and future improvements, buildings, structures,
<br /> mobile homes afPoced on the Real Prope�ty,facilities,additions,replacements and other construction on the Real Property.
<br /> Indebtedness. The word"Indebtedness"means all principal and interest payable under the Note and any amounts expended or advanced by
<br /> Lender to discharge obligations of Trustor or expenses incurred by Trustee or Lender to enforce obligations of Trustor under this Deed of Trust,
<br /> together with int�t on such amounls as provided in this Deed of Trust.
<br /> Lsnder. The word'Lender"rt�ans UNITED NEBRASKA BANK,its s�sors and asspns.
<br /> Note. The word "Note" means the Note dated November �2, t�, In the principal amouM of s193,000.00 trom Trustor to
<br /> Lender,together with all renewals,extensions,modificatlons,refinancings,and subslitutions for the Note.
<br /> Peraonal Property. The words "Personal Properiy' mean all equipment, foctures, and other articles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or afPoced to the Real Property; topether with all accessions, parts, and additlons to, all
<br /> replacements of, and all substitutions for, any of such properiy; and topether with all proceeds (includinp without I(mitatlon all insurance
<br /> proceeds and refunds of premiums)irom any sale or other disposition of the Property.
<br /> Property. The word"Property"means colleciively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property'mean the property,interesfs and rights described above in the"Conveyance and Grant"section.
<br /> Related Documents. The words "Related Dxuments" mean and indude without limitation all promissory notes, credit agreements, loan
<br /> agreemenis,environmental agreemenis,guaranties,security agreements,mortgag�,deeds of trust,and all other instrumenis,agreements and
<br /> documenis,whether now or hereafter e�dsHny,executed in connecHon with the I�debtedness.
<br /> Rents. The word"Renis"means all present and future rents,revenues, income, issues,royalties, protits,and other beneflts derived(rom the
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute or successor M�stees.
<br /> Trustor. The word"Trustor'means any and all persons and entities executing this Deed of Trust,including without limitaiion all Trustors named
<br /> above.
<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 TFIE 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 othervvise provided in this Deed of Trust,Trustor shaN pay to Lender all amounts secured by this Deed
<br /> of Trust as they become due,and shall strictly and in a tlmely manner perform aN of Trustors oblipations under the Note,this Deed of Trust,and the
<br /> Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees fhat Trustor's possession end use of the Property sheil be poverned by
<br /> the following provisions:
<br /> Possession and Use. Undl the occurrence of an Event of Defautt,Trustor may (a)remain in possesslon and control of the Property, (b)use,
<br /> operate or manage the Prope�ty,and (c)collect any Rents from the Property.
<br /> Duty to Mdnfdn. Trustor shell meintain the Property in tenantable condition and prompdy perform all repairs,replacements,and maintenance
<br /> necessary to presenre its value.
<br /> Hazardous Substances. The terms"hezardous waste,""hazardous substance,""disposal,""release,"and"threatened release,"as used in this
<br /> Deed of Trust, shali have the same meanings es set forth in the Comprehensive Environmental Response,Compensatlon,and Liebility Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthorizadon 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 Conservatlon and Recovery Act,
<br /> 42 U.S.C.Section 6901,et seq.,or other epplicable state or Federal laws,rules,or regulations adopted pursuant to any of the foregoing. The
<br /> terms"hazardous waste"and"hazardous substance"shall also indude,without limitation,petroleum and peholeum by-products or any fraction
<br /> thereof and asbestos. Trustor represents and werrants to Lender that: (a)During the period of Trustor's ownership of the Property,there has
<br /> been no use,generation,manufacture,storage,treatment,disposai,release or threatened release of any hezardous waste or substance by any
<br /> person on,under,about or irom the Prope�ty; (b)Trtutor has no knowledge of,or reason to believe that there hes 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 Properiy by any prior owners or occupants of the Property or (R)any
<br /> actual or threatened IiUgation or claims of any kind by any person relating to such matt�s; and (c) Except as previousty discia5ed to and
<br /> acknowledged by Lender in writing, (i) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property sheN use,
<br /> generate,manufacture,store,treat,dispose of,or release any hazardous waste or substance on,under,aboW or irom the Property and (ii)any
<br /> such activity shall be conducted in compliance with all applicable federal,state,and locai laws, regulaiions and ordinanc�s, including without
<br /> IimitaHon those lews, regutations, and ordinances described above. Trustor authorizes Lender and its ayenis to enter upon the Property to
<br /> make such inspecdons and tests, at Trustor's e�ense, as Lender may deem appropriate to determine compliance of the Property with this
<br /> secHon of the Deed of Trust. Any inspections or tests made by Lender shaH be for Lender's purposes only and shall not be construed to create
<br /> any responsibilfiy or Ifebility on the part of Lender to Trustor or to eny other person. The representations and warranlias contained herein are
<br /> based on Trustor's due diligence in investpating the Property for hezsrdous waste and hezardous substances. Trustor hereby (a)releases and
<br /> waives any future claims against Lender for indemniiy or contribution in the event Trustor becomes liable for deanup w other costs under any
<br /> such laws, and (b) ayrees to indemnify and hdd harmless Lender against any and aN daims, losses, liabilities, dama�es, penalHes, and
<br /> expenses which Lender may directly or indirecdy sustain or suffer resWtlny irom a breach of this secUon of the Deed of Tn�st or as a
<br /> consequence of any use,generatlon, manufacture,storaye,disposai,release or threatened release of a he=ardous waste or substance on the
<br /> properties. The provisions of this seciion of the Deed of Trust, including the obligatlon to indemnHy, shall suMve 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 acquissition M any
<br /> interest in the Property,whether by foreclosure or oth�wise.
<br /> Nuisance,Waste. Trustor shall not cause,conduct or permit any nuisance nor commit,permit,a suffer any stripping of or weste on or to the
<br /> Property or any portion of the Properiy. Without limiting tha generaNiy 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),sal,gravel or rock producls without the prior written consent of Lender.
<br /> Removd of Improvements. Trustor shall not demolish or remove any Improvements from the Real P�operiy withoW the prior written consent
<br /> of Lender. As a condition to the removal of any Improvements, Lender may require Trustor to meke arrangemenis satisfactory to Lender to
<br /> replace such Improvements with improvements of at least equal value.
<br /> LendePs Right to Enter. Lender and its agenis and representeHves may enter�pon ttw Reak Rop�rty tat all reasonable times to attend to
<br /> Lender's interests and to inspect the Property fw purposes of Trustor's compliance with the terms and condidons of this Deed of Trust.
<br /> Compllance with Govemmentd 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 oocupancy of the Property. Trustor may contest in yood faith any such law,
<br /> ordinance,or regulaHon and withhold compliance during any proceeding,including appropriate appeals,so long as Trustor has notified Lender
<br /> in writing prior to dang so and so long as,in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender mey require
<br /> Trustor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duy to Protect. Trustor agrees neither to abandon nw 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 charact�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 creaU�the Indebtedness are to be used to construct or complete constructlon
<br /> of any Improvements on the Property, the Improvemenis shail be completed no later than the maturity dete of the Note (or such earlier date as
<br /> Lender may reasonably establish) and Trustor shail pay in fuil all costs and expenses in connection with the woric. Lender, at its option, may
<br /> disburse loan proceeds under such terms and conditions as Lender may deem nec�ssary to insure that the interest created by this Deed of Tnist
<br /> shall have priority over all possible Ilens, induding thase of material suppliers and workmen. Lender may require, among other thinqs, that
<br /> disbursemeM requests be supported by receipted bills, e�ense atfidavils, waivers of liens, co�ubruciion progress reports, and such other
<br /> documentaHon as Lend�may reasonably request.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender mey,at its opdon,declere immediately due and payeble 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 hansfer"means the conveyance of Real Property or any right,tltle or interest therein;whether lepal,benefidal or equitable;whether vduntary
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