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��-15-1999 DEED OF TRUST 9 9 i 112 7 6 Page 2 :
<br /> Loan No 1042340 (Continued) :
<br /> Beneflciary. The word "Beneficiary" means UNITED NEBRASKA BANK, its successors and assigns. UNITED NEBRASKA BANK also is
<br /> referred to as"Lender"in this Deed of Trust.
<br /> Deed of Trust. The words"Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustse, and includes without limitation all
<br /> assignment and security interest provisions relating to the Personal Property and Rents.
<br /> Existing Indebtedness. The words"Existing Indebtedness"mean the indebtedness described below in the F�dsting Indebtedness section of
<br /> this Deed of Trust.
<br /> Guarantor. The word "Guaranto�' means and includes without limitation any and all guarantors, sureties, and accommodation parties in
<br /> connection with the Indebtedness.
<br /> Improvements. The word "Improvements"means and includes without limitation all exisHng and future improvements, buildings, structures,
<br /> mobile homes affaed on the Real Property,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 interest on such amounts as provided in this Deed of Trust.
<br /> Lender. The wwd"Lender"means UNITED NEBRA5KA BANK,ils successors and assigns.
<br /> Note. The word°Note"means the Note dated Novembsr 15,��,in the principal amount of�68,524.44 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 May
<br /> 19,2000.
<br /> Personal Property. The words "Personal Property" mean all equipment, Poctures, and other articies of personal property now or hereafter
<br /> owned by 7rustor, and now or hereafter attached ur aff�cetl;o tho�I Propesty; topathar with aN accsssion$, parts, and additiona to, aN
<br /> replacements of, and all substitutions for, any of such property; and topether with aN procaeds (indudFrq without BmiFatlon all insurance
<br /> proceeds and refunds of premiumsr#rvrtratiy sale or other disposition of the Property. :
<br /> Property. The word"Property"means collectively the Real Property and the Personal Property. :
<br /> Real Property. The words"Real PropertY'mean the property,interests and rights described above in the"Conveyance and GranY'section.
<br /> Related Documents. The words "Related Documents" mean and include without limitatlon all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements,guaranties,security agreemenis,mortgages,deeds of trust,and all other instruments,agreements and
<br /> documents,whether now or he�eafter existing,executed in connection with the Indebtedness.
<br /> Rents. The word"Rents"means all present and future rents, revenues, income, issues,royalHes, profiis,and other benefits derived from the
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute or s�ssor trustees.
<br /> Tn.�stor. The word"Trusto�'means any and all persons and entiHes executing this Deed of Trust,including without Iimitallon 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 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 /> PAYMENT AND PERFORMANCE. Except as otherwise 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 shicBy and in a timely manner perform all of Trustor's obligatlons under the Note,this Deed of Trust,and the
<br /> Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be govemed 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 Properiy, (b)use,
<br /> operate or manage the Property,and (c)collect any Rents from the Property. :
<br /> nury to Ma�ntar�. Trustor sTiall maintain the P�operty in tenantable condiNon and prompify�lerfOfm alf repairs,replecemenT§,and maintenance
<br /> necessary to preserve its value.
<br /> Hazardous 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 Environmentaf 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 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 indude,without limitation,peiroleum and petroleum by-products or any fraction
<br /> thereof and asbestos. Trustor represents and warrants to Lender that: (s)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 irom the Property by any prior owners or occupanis of the Property or (ii)any :
<br /> actusl or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previousty disclosed to and
<br /> acknowledged by Lender in writing, (i) neither Trustor nor any tenent, 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 Property and (ii)any :
<br /> such activiiy shall be conducted in compliance with all applicable federal,state,and local laws, regulatfons and ordinances,including without
<br /> limitation those laws, regulations, and ordinances described above. Trustor suthorizes Lender and its agents to enter upon the Prope�ty to
<br /> make such inspections and tesis, 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 inspections or tests made by Lender shall 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 waRanties contained herefn are :
<br /> based on Trustor's due diligence in inves6gating the Property for hazardous waste and hazsrdous substanc;es. 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 against any and all claims, losses, liabilities, damages, penalties, and
<br /> expenses whkh Lender may directly or indirecdy sustain or suffer resulting irom a breach of this section of the Deed of Trust or as a :
<br /> consequence of any use,generation,manufacture,storage,disposal,relea,5e or threatened release of a hazardous waste.or substance on the
<br /> properties. The provisions of tnis section of the De�t! cf.Tr�st; irctud�ng th9 o�!ig�!�on to i�dsmn?iy; shal! survive the payment of the :
<br /> Indebtedness and the satisfaction and reconveyance of the qen of this Deed of Trust.and shall not be affeoted by Lender's acquisition of any
<br /> �, interest in the Properiy,whether by foreclosure or otherwise. :
<br /> Nuisance,Weste. 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 ger►erality of the foregang,Trustor will not remove,or grant to any other party the
<br /> right tb remove,any timber,minerals(including al and gas),soil,gravel or rock products without the prior written consent of Lender. :
<br /> Removel of Improvements. Trustor shall not demolish or remove any Improvements irom the Real Property 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 Improvements with Improvements of at least equal value. :
<br /> Lender's Rlyht to Enter. Lender and its agents and representatives may enter upon the Real Properiy at all reasonable times 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 /> Compliance wtth Govemmental 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 accupancy of the Property. Trustor may contest in good faith any such law,
<br /> ordinance,or regulation and withhold compliance during any proc�eding,including appropriate appeals,so long as Trustor has notifled Lender :
<br /> in writing prior to doing so and so long as,in Lender's sole ppinion,Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond,reasonabiy satisfactory to Lender,to protect Lender's interest :
<br /> Duty to Protect. Trustor agrses neither to abandon nor leave unattended the Property. Trustor shall do all other acis,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 end preserve the Prope�iy.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at its opdon,declare immediately due and payable all sums secured by this Deed of Trust :
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