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Loan7No91043363 DEED O n eausT 9 g .��1� 4 5 Page 2
<br /> Note. The word "NOte" means the Note dated November 17, 1999, in the principal amount of �31,461.75 from Borrower to
<br /> Lender, together with all renewals, extensions, modifications, refinancings, and subsdtutions for the Note. The maturity date of this Deed of
<br /> Trust is December 1,2006.
<br /> Personal Property. The words "Personal Property" mean all equipment, foctures, and other articles of personal property now or hereafter
<br /> owned by Trustor, and now or herea(ter 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 IimitaHon all insurance
<br /> proceeds and refunds of premiums)from any sale or other disposition of the Property.
<br /> Property. The word"Prope�ty"means cdlectively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the prope►1y,interests and righis described above in the"Conveyance and Grant"secUon.
<br /> Related Documents. The words "Related Documents" mean and indude without limita6on ail promissory notes, credit agreements, loan
<br /> agreements,environmental agrsements,guaranties,security agreements,mortgages,deeds of hust,and all other instruments,agreemenis and
<br /> dxuments,whether now or hereafter e�dsting,executed in connection with the Indebtedness.
<br /> Rents. The word"Rents"means all present and future rents,revenues, income, issues,royalties, proflts,and other benefits derived from the
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASfCA BANK end any substitWe or successor trustees.
<br /> Trustor. The word'Trustor"means any and ali persons and entiiies execWing this Deed of Trust,induding without limitation all Trustors nemed
<br /> above. Any Trustor who signs this Deed of Trust, but does not sign the Note, is spning this Deed of Trust only to qrant and convey that
<br /> Trustor's interest in the Real Property and to grant a security interest in Trustor's interest in the Rents and Personal Property to Lender and is not
<br /> personally liable under the Note except as otherwise provided by contract or law.
<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 /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor wanants that: (a)this Deed of Trust is executed at Borrower's request and not at
<br /> the request of Lender; (b)Trustor has the full power,right,and suthority to enter into this Deed of Trust and to hypothecate the Property; (c)the
<br /> provisions of this Deed of Trust do not conflict with,or result in a default under any agreement or other instrument binding upon Trustor and do not
<br /> result in a violation of any Iaw,regulaHon,court decree or order applicable to Trustor; (d)Trustor has established adequate means of obtaining irom
<br /> Borrower on a continuing basis informaHon about Borrower's financial condition; and (e) Lender has made no representation to Trustor about
<br /> Borrower(including without limitation the creditworthiness of Borrower).
<br /> TRUSTOR'S WAIVERS. Trustor waiv�all righls or defenses arising by reason of any"one action"or"anti-deficiency"law,or any other law which
<br /> may prevent Lender from bringing any action against Trustor,including a claim for deficiency to the extent Lender is otherwise enNtled to a claim for
<br /> deficiency,before or after Lender's commencement or completion of any foreclosure acHon,either judicially or by exercise of a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Borrower shell pay to Lender all Indebtedness secured by
<br /> this Deed of Trust as it becomes due,and Borrower and Trustor shell strictly pertorm all their respecHve obligatlons under the Note,this Deed of
<br /> Trust,and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor and Borrower agree that Trustor's possession and use of the Property shall be
<br /> governed by 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 Properly, (b)use,
<br /> operate or manage the Properiy,and (c)coliect any Rents(rom the Prope�ty.
<br /> Duiy 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 /> Hezardous 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 Superfund 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 Conservallon and Recovery Act,
<br /> 42 U.S.C. Section 6901,et seq.,or other appNcable state or Federal laws,rules,or regulations adopted pursuent to a�y of the foregdng. The
<br /> terms"hazardous waste"and"hazardous substance"shall also include,without limitation,peholeum and petrolsum by-prod�ts or any fraction
<br /> thereof and asbestos. Trustor represents and waRants to Lender that: (a)During the period of Trustor's ownership of the Property,there hes
<br /> been no use,generation,manufacture,storage,treatment,disposal,release or threatened release of any hezardous 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,generatlon,manufacture,storage,treatment,disposal,relsese,or threatened
<br /> release of any hazardous waste or substance on,under,about or from the Properly 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 /> 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 ordina�, including wlthout
<br /> limitation those laws, regulations, and ordinanc�s 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 complfance of the Property with this
<br /> section of the Deed of Trust. Any inspections or tests made by Lender shail 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 representations and warranties contained herein are
<br /> based on Trustor's due diligence in invesiigating the Property for hazardous 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 cleanup or other cosls under any
<br /> such laws, and (b) agrees to indemniy and hdd harmless Lender against any and all cleims, losses, liabiliiies, damages, penalties, and
<br /> expenses which Lender may direcHy or indirecdy sustefn or suffer resulting from a breach of this section of the Deed of Trust or as a
<br /> consequence of any use,generation, menufacture,storage, disposal,release or threatened release o�a hazardous waste or substance on the
<br /> properties. The provisions of this section of the Deed of Trust, including the obiigatbn to indemMfy,+�hall 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 acquisiHon of any
<br /> interest in the Property,whether by foreclosure or otherwise.
<br /> Nutsance,Waste. Trustor shall not cause,conduct or permit any nufsence nor commit,permit,or suffer any strippiny of or waste on or to the
<br /> Property or any portion of the Property. Without limiting the genereliiy of the foregang,Trustor will not remove,or grant to any other party the j
<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 Improvements from the Real Property without the prior written consent
<br /> of Lender. As a condition to the removal of any Improvemenis, Lender may require Trustor to make arrangements saUsfactory 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 Reai Property at all reasonabie times to attend to
<br /> Lender's interests and to inspect the Prope�ty for purposes of Trustor's compliarx;e with the terms and conditions of this Deed of Trust.
<br /> Complience with Govemmental Requirements. Trustor shall prompdy comply with all Iaws,ordinances,and reguletlons, now or heresfter in
<br /> effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good faith any such faw, , �
<br /> ordinance,or regulation and withhold compliance tlurin�any proceeding,including appropriate appeals,so long as Trustor has notified Lender �
<br /> in writing prior to doing so and so long as,in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require i
<br /> Trustor to post adequate security or a sureiy bond,reasonably sa�sfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon nor leave unettended the Property. Trustor shall do ail other acts,in addiHon 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 ils option,declare immediately due and payabie all sums secured by this Deed of Trust
<br /> upon the sale or transfer, without the Lender's prior wrltten consent,of all or any pe�t of the Resl Property,or any interest in the Real Property. A
<br /> "sale or transfe�"means the conveyance of Real Property w any right,title or interest therein;whether legal,beneficial or equitable;whetF�er vduntary
<br /> or involuntery;whether by outright sale,deed,installment sale contract,land contract,contract for deed,leasehdd interest with a term greater than
<br /> three (3)years, lease-option coMract, or by sale, assignment, or trar�sfer of arly beneficial interast in or to any land trust hdding tide to the Real
<br /> Property, or by any other method of conveyance of Real Property int�rest. If any Ttustor is a corporafion,parfnership or limited liabiliiy company,
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