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��-16-1999 9 9 1112 2 Q DEED OF TRUST Page 2
<br /> Loan No 1042944 (Continued)
<br /> owned by Trustor, and now or hereafter attached or a(foced to the Real Property; together with all accessions, parts, and additions to, all
<br /> replacemenis of, and all substitutions for, any of such property; and together with all proc�eds (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 Properiy and the Personal Property.
<br /> Real Property. The words"Real Property"mean the properiy,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 agreements,guaranties,security agreements,mortgages,deeds of trust,and all other instruments,agreements and
<br /> documenis,whether now or hereaRer e�asting,executed in conneciion with the indebtedness.
<br /> Rents. The word "Rents"means all present and future rents,revenues, income, issues,royalfies, proflts, and other benefits derived from the
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASICA BANK and any substitute or successor trustees.
<br /> Trustor. The word'Trusto�'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 TF� ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN Tf1E RENTS AND PERSONAL
<br /> PROPERTY, IS GIVEN TO SECURE (1)PAYMENT OF Tt�IE 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 TF�FOLLOWING TERMS:
<br /> PAYMENT AND PERF3R�1�1NCC, F�cept e�etherwise�provi�d in this Geed oi TruS4,Trustor snail pay to Lender sil amounls secured by this Deed
<br /> of Trust as they become due,and shall strictly and in a timely manner perform all of Trustor's obliyatlons under the Note,this Deed of Trust,and the
<br /> Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trusto�'s possession and use of the Property shall be governed by
<br /> the following provisions:
<br /> Posaesslon and Uae. 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 Property.
<br /> Duty to Malntaln. 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 releese,"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 Amendmenis and Reauthorization Act of 1986, Pub. L. No.
<br /> 99-499("SARA'�, the Hezardous Materials TransportaHon 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 laws,rules,or regulations adopted pursuant to any of the foregoing. The
<br /> terms"hazardous waste"and"hazardous substance"shall also inciude,without limitation,petroleum and petroleum by-products or any iraction
<br /> thereof and asbestos. Trustor represents and waRants 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 f�om the Propeity by any prior owners or occupants of the Properiy or (ii)any
<br /> actual or threatened litigation or claims of any kind by any person relaHng 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 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 irom the Property and (ii)any
<br /> such acHviiy shall be conducted in compliance with all applicable federal,state,and local lews, regulations and ordina�, including without
<br /> limitation those laws, regulaHons, and wdinanc�s described above. Trustor authorizes Lender and iis agenis to enter upon the Properiy to
<br /> make such inspections and t�is, at Trustor's axpense, as Lender may deem appropriate to determine complianoe of the Properiy with thls
<br /> section of fhe Deed of Trust. Any inspactior�or t�ts made by Le�d�shaN be fur Leader's purpc�ses only and shal!rct 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 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 laws, and (b) agrees to indemnify and hold harmless Lender agai�st any and all claims, losses, liabilities, dameges, pena�ies, and
<br /> expenses which Lender may directly or indirecdy 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 hezardous waste or substance on the
<br /> properties. The provisions of this section of the Deed of Trust, including the obligation to indemniy, shall suMve the payment of the
<br /> Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shali not be affected by Lender's acquisiHon 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 sMpping 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 products without the prior written consent of Lender.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements irom the Real Prope►iy without the prior written consent
<br /> of Lender. As a condition to the removal of any Improvements, Lander may require Trustor to make aRengements satisfactory to Lender to
<br /> replace such Improvements with Improvements of at teast equal value.
<br /> Lender's Ri�ht to Enter. Lender and its agents and representa4ves may enter upon the Real Property at all reasonable tlmes to attend to
<br /> Lenders interesis and to inspect the Property for purposes of Trustor's compliance with the terms and condiNons of this Deed of Trust.
<br /> Compliance with Govemmental Requirements. Trustor shali promptly comply with all Iaws,ordinances,and regulations, now or hereafter in
<br /> effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good faith any such Iaw,
<br /> ordinance,or regulation and withhold compliance 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 the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon nor leave unettended the Property. Trustor shall do all other acts,in addition to those acts
<br /> set forth above in this section,which irom the character and use of the Properiy are reasonably necessary to protect and presenre the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at iis opHon,declere 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 Property,or any interest in the Real Property. A
<br /> "sale w transfe�'means the conveyance of Real Properiy or any right,title or interest therein;whether legal,beneflcial or equitable;whether voluntary
<br /> or involuntary;whether by oufight sals, deed,installment sale contract,land contract,contract for desd, leasehold interest with a term greater than
<br /> th�ee (3) years, leas�-option conhact, or by sale, assignment, or transfer of any beneficial interest in or to any land hust holding title to the Real
<br /> Properiy, 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 twent�five percent(2596) of the voting stock, partnership interests or limited liabiliiy
<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 IsYv. , .
<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)all taxes,special taxes,assessmenls,charges(including 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 Properiy 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 tax�s and assessments not due,except for the existing indebtedness referred
<br /> to below,and except as otherwise provided in this Deed of Trust.
<br /> Ri�ht To Contest. Trustor may withhoid payment of any tex,assesSment, or claim in connectlon with a pood faith dispute over the oblipation
<br /> to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is flled as a result of nonpayment,Trustor shall within
<br /> fifteen(15)days after the lien arises or,if a lien is filed,within fif�en(15)days after Trustor has notice of the filing,secure the discharge of the
<br /> lien, or if requested by Lend�, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount su�icient to discharge the lien plus any costs and attorneys'fees or other charges that could axrue as a result of a foreclosure or sale
<br /> under the lien. In any contest,Trustor shall defend itself and Lender and shall satisy any adverse judgment before enforcement against the
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