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��_18-lggg DEED OF TRUST :�9 111 `a�7$ Page 2
<br /> Loan No 1044478 (Continued)
<br /> owned by Trustor, and now or hereafter attached or affoced 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 wifh all proceeds (induding without limitation all insurance
<br /> proceeds and refunds of premiums)irom any sale or other disposition of the Properiy.
<br /> Property. The word"Property"means collectively the Real Property and the Personal Prope�iy.
<br /> Read Property. The words"Real Property"mean the property,interesis and rights described above in the"Conveyance and Grant"secdon.
<br /> Related Documents. The words "Related Documents" mean and indude without limitation all promissory notes, credit ayreemenis, loan
<br /> agreements,environmental agreements,guaranties,security agreements,mortgages,deeds of trust,and all oth�instrumenis,agreements and
<br /> documents,whether now or hereafter e�dsting,executed in connecaon with the Indebtedness.
<br /> Rents. The word"Rents"means all present and future ren1s,revenues, income, issues,royalties, proflts,and other beneiHs derived irom the
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute or successor trustses.
<br /> Trustor. The wwd"Trustor"means any and aN persons and enHtles executiny this Deed of Trust,including without limitation all Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INCLUDING TFE ASSIGNMENT OF iiENT8 AND TFIE SECURITY INTEREST IN TFE RENTS AND PERSONAL
<br /> PROPERTY,IS GIVEN TO SECURE (1)PAYMENT OF TF�INDEBTEDNES3 AND (2)PERFORMANCE OF ANY AND ALL OBLIGATION8 OF
<br /> TRUSTOR tNIDER TFIE NOTE,TFIE RELATED DOCUMENT3,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br /> ON THE FOLLOWING TERMS:
<br /> PAYMENT AND P€RFi�E..E3ccep,as ott�arwise p�o'd�ded ir.4his r7eed of Trust,T:ustor shalf pay fo L6nder a1F a�C°ofinTs seCUred by this Deed
<br /> of Trust as they tiecome due,and shall stricily and in a tlmely manner pe►form aN of Tnistor's oblpations 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 governed by
<br /> the following provisions:
<br /> Posseselon and Use. Until the occurrence of an Event of DefeuN,Trusta may (a)remain in possession and coMrol-of the Property, (b)use,
<br /> operate or manage the Property,and (c)collect any Rents from the Properiy.
<br /> Duty to MdnWn. Trustor shall maintain the Property in tenantable condition end prompHy perform all repairs,replacements,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 seme meanings as set forth in the Comprehensive Environmental Response, Compensatlon,and Uabflity Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendmenis and ReauthorizaHon 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 appliceble state or Federal laws,rules,or regulatloru adopted pursuant to any of the foregoing. The
<br /> terms"hazardous waste"and"hazardous substance"shaU also indude,without limitation,petrdeum and petroleum by-products or any fraction
<br /> thereof and asbestos. Trustor represents and warrants to Lender thar (a)Durinp the period of Trustor's ownership of the Property,there has
<br /> been no use,generaaon,manufacture,storage,treatment,�sposel,release or threatened release of any hazardous waste or substance by any
<br /> person on,under,about or trom 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 wridng, (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 a occupants of the Properly or (ii)any
<br /> actual or threatened litigation or daims of any kind by any person relating to such matters; and (c) Except as previously disdosed to and
<br /> acknowledged by Lend�in writlng, (i) neither Trustor nor any tenant, contractor, agent or other authorized us� of the Property shaN use,
<br /> generate,manufacture,store,treat,dispose of,or release any hezardous waste or substance on,under,about or irom the Property and (ii)any
<br /> such activiiy shall be conducted in compliance with all appliceble federel,state,and local laws, regulaUons and ordina�, induding without
<br /> limitaiion those laws, repulations, and ordinarx�s described above. Tnutor suthori�es Lender and fls agents to enter �on the Property to
<br /> make such inspections and tests,at Trustor'=e�nsa,as Lend�r may dee�approprkde to daarmirw compli�nce of tha F►cPertY with thi�
<br /> section Gf the Dbed of Trust: Any inspecNon's or�tests mede-by"Lender shall be i"or�Lend'eYs puPposes bnly and shaA not be construed to create
<br /> any responsibility or liability on the part of Lender to Trustor or to any other p�son. The representa6ons and warranties contafned herein are
<br /> based on Trustor's due diligence fn Mvestlgatlnp the Property for hazardous waste and hezardous substances. Trustor hereby (a)releases and
<br /> waives any future claims against Lender for indemnity or coniribudon in the event Trustor becomes liable for cleanup or other c�ts under any
<br /> such laws, and (b) agrees to indemniy and hdd harmless Lender against any and all claims, losses, liabilities, damages, penalties, and
<br /> expenses which Lender may direcdy or indirectly sustain or suffer resuldng f�om a breach of this section of the Deed of T��t 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 /> properti�. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the
<br /> Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and sheli not be affected by Lender's acquisiHon of any
<br /> interest in the Property,whether by foreclosure or othervvise.
<br /> Nuisance,Waste. T�ustor shall not ceuse,conduct or permit any nuisance nw commit,permit,or suffer any strippinp of or weste on or to the
<br /> Property or any porNon of the Properiy. WHhout IimNirp the generality of the foregoing,Trustor will not remove,or prant to any other party the
<br /> right to remove,any timber,minerals(including al and gas),sal,gravel or rock products without the prior written consent of Lender.
<br /> Removal of Improvemenis. Trustor shali 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 Improvements, Lender may require Trustor to make arrangements saHsfactory to Lender to
<br /> replace such Improvements with Improvemenis of at least equal velue.
<br /> Lender's Ripht to Enter. Lender and i1s agenis and representa�ves may enter upon the Real Property at all reasonable tlmes to attend to
<br /> Lender's interesls and to inspect the Properiy for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust.
<br /> Compliance with Govemmental Requirementa. Trustor shall prompdy comply with all laws,ordinances,and regulations, now or hereafter in
<br /> effect, of all govemmental authorides applicable to the use or occupancy of the Property. Trustor may contest in good faith any such law,
<br /> ordinance,or regula4on and withhold compliance during any proceeding,including appropriate appeals,so long as Trustor has notified Lender
<br /> in writing prior to doing so and so long as,in Lend�'s sole opinion,Lender's interesis in the Property are not jeopardized. Lender may require
<br /> Trustor to posf adequete security or a surety bond,reasonabty satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Properly. Trustor shall do all other acis,in additlon to those acls
<br /> set forth above in this secdon,which from the character and use of the Property are reasonably necessery to protect and preserve the Properiy.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,et its op�on,dedarA imm�idiately due end'payabb aN sUms aecured by this Deed of Tnist
<br /> upon the sale or transfer,without the Lenders prior written consent, of aN a any part oF the Real Prope�ty, or any interest in the Real Property. A
<br /> "sale or transfer"means the conveyance of Real Property or eny riqht,title or interest therein;whether legal,beneflcial or equitable;whether vduntary
<br /> or involuntary;whether by out�ight sale,deed,installment sale contract,land contract,contrect for deed,leasehdd interest wfth a term greater then
<br /> three (3)years, lease-opdon contract, or by sale, assignment, or transfer of any beneticcial interest in or to any Iand trust hddinp tide to the Real
<br /> Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporadon,partnership or Ifmited liability company, ,
<br /> transfer also includes any change in ownership of more than iwenty-five percent(2596)of the voHnp stock,pertnership interests or limited liabihiy '.
<br /> company interests, as the case may be,of Trustor. However,this option shall not be exercised by Lend�if such exercise is prohibited by federal
<br /> ` Iaw or by Nebraska law.
<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 fn all events prior to delinquency)all taxes,special taxes,assessments,charges(including water
<br /> and sewer), fines and impositio�s levied against w on ac�ount of the P�operty, and shall pay when due all daims for work done on or for
<br /> services rendered w material furnished to the Property. Trustor shall maintain the Prope►ty free of all liens having prioriiy over or equal to the
<br /> interest of Lender under this Deed of Trust,eoccept for the lien of texes and assessments not due,except for the exisiing indebtedness referred
<br /> to below,and except as otherwise provided in this Deed of Trust.
<br /> Ri�ht To Conteat. Trustor may withhold payment of any tex,assessment,or claim in connection with a good faith dispute over the obligatlon
<br /> to pay,so long as Lender's interast in the Property is not jeopardized. If a Ifen e�isa4 or is flled as a resuft of nonpayment,Trustor shall within
<br /> fifteen(15)days after the lien arises or,ff a lien is flied,within fliteen(15)days after Trustor has notice of the flling,secure the discharge of the
<br /> lien, w if requested by Lender, deposit wfth Lender cash or a su�icient corporate surety bond or other security saiisfactory to Lender in an
<br /> amount sutflcient to discharge the lien plus any costs and attorneys'fees or other charges thet could accrue as a result of a forecl�ure or sale
<br /> under the lien. In any contest,Tn�stor shall defend itself and Lender and shaA satisiy any adverse judgment before enforcement against the
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