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»_�}�ggg DEED OF TRUST 9 9 1113 3 7 Page 2
<br /> Loan No 1044775 (Corrtinued)
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or aifixed 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 proceeds (including without limitaflon ali 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 end the Personal Property.
<br /> Real Property. The words"Real Properly"mean the property,interests and rights described above in the"Conveyance and Grant"secfion.
<br /> Relaied Documents. The words "Related Documenis" mean and include without limitatlon all promissory notes, credit agreements, loan
<br /> agrsements,environmental agrsements,guaranties,security agreements,mortgages,deeds of trust,and ail other fnstruments,agreemenis and
<br /> documents,whether now or hereaHer e�dsting,executed in connection with the Indebtedness.
<br /> Rants. The word"Rents"means all present and future rents,revenues, income, issues,royalties, profits,and other benefits derived irom the
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute or s�sor trustees.
<br /> Trustor. The word"Trustor"means any and all persons and entities execuHng this Deed of Trust,including without IimitaHon all Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND TFIE 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 /> 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 stricdy and in a timely manner perform all of Trustor's obligations 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 /> Possesslon 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 Maintein. Trustor shall maintain the Property in tenantable condition and prompdy perform all repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> F4�zardous 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,CompensaHon,and Li�bility Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthori=atlon Act of 1986, Pub. L. No.
<br /> 99-499("SARA'�,the Hazerdous Materials Transportatlon Act,49 U.S.C. Sectlon 1801,et seq.,the Resource Conservation and Recovery Act,
<br /> 42 U.S.C.Section 6901,et seq.,or other applicable state or Federai lews,rules,or regulations adopted pu►suant to any of the fwegoing. The
<br /> terms"hazardous waste"and"hazardous substance"shali elso indude,without limitation,petroleum and petroieum by�roducts or any iracdon
<br /> thereof and asbestos. Trustor represents and warranis 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 w threatened release of any hazardous waste or substance by any
<br /> person on,under,about or f�om the Properiy; (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 wriHng, (i)any use,generation,manufacture,storage,treatment,disposal,release,or threatened
<br /> release of any hazardous waste or substance on,under,about or(rom the Property by any prior owners or occupanls of the Property or (ii)any
<br /> actual or threatened lidgation 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 irom the Property and (A)any
<br /> such activiry shall be conducted in compl'�ance with all applicable federal,state, a�d local laws, regulaaons end ordinances,includirp withoW
<br /> HmitaUon those laws, regulations, and ordinanc�s desc�ibed above. .Trustor suthori�es Lender and its agents to enter upon the Property to
<br /> make such inspecti:+ns and t��, at Tr�stw.'� e.x�g^ws,ss L.esK!� msy deecn.a�aropriats t� dets:cr.?.^.s comR�.ance-of the Prope:ty with this
<br /> section of the Deed of Trust. Any inspections or tests made�by Lender shall be for Lender's purposes onl�r and shall not be construed to create
<br /> any responsibility or liability on the part of Lender to Trustor ar ko any other person. The representations and warrantles contained herein are
<br /> based on Trustor's due diligence in investigating the Property fo�hazardous waste and hezardous substances. Trustor hereby (a)releases and
<br /> waives any future claims against Lender for indemnity or contribudon 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 clalms;losses, liabilities, damages, penaldes, and
<br /> expenses which Lender may direcdy or indirectly sustain or suffer resulting from a breach of this secHon of the Deed of Ttust 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 /> properties. The provisions of this section of the Deed of Trust, including the obligation to indemniy, shall survive 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 acquisition 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,eny timber,minerals(including al and gas),soil,gravel or rock producis without the prior written consent of Lender.
<br /> Removd of Improvements. Trustor shall not demdish or remove a�y improvemenis 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 Improvemenis with Improvements of at least equal value.
<br /> Lender's Rl�hf to Enter. Lender and its agenis and representatives may enter upon the Real Property at all reasonable tlmes to attend to
<br /> Lender's interests and to inspect the Properiy for purposa�of Trustor's compliance with the terms and condihons of this Deed of Trust.
<br /> Compliance with Govemmental Requirements. Trustor shall prompdy comply with ali laws,ordinances,and regulations, now or hereafter in
<br /> effect, of all governmental authorities applicable to the use or occupa�y of the Property. Trustor may contest in good faith any such law,
<br /> ordinance,or regulation and withhold compliance during any proceeding,including appropriate appeals,so long as Trustor has nodfied Lender
<br /> in writing prior to dang so and so lo�g as,in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security a a sureiy bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon nor 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 character and�e of the Property are reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at its opfion,declaro immediately due and payable all sums secured by this Deed of Trust
<br /> upon the sale or transfer,without the Lende�'s prior written consent, of all or any part of the Real Properiy,or any interest in the Real Property. A
<br /> "s�e or transfe�'means the Conveyance of Real Property or any right,tide or interest therein;whether legal,beneficial or equitable;whether voluntary
<br /> of'involuntary;whether by ouMght sale, deed,installment sale contract,Iand conhact,contract for deed,leasehdd interest with a term greater than
<br /> three (3) years, leas�option contract, or by sale, assignment, or transfer of any beneficia�Inlerest in or t0 eny la�d trust holding title to the Real
<br /> Property, 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 twenty-five percent (25%) of the vodng stock, partnership interesls or limited flability
<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 law.
<br /> TAXES AND LIENS. The following provisions relating to the texes 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 texes, assessments, charges(including water
<br /> and sewer), fines and impositions levied against or on account of the Properiy, and shall pay when due all claims for work done on or for
<br /> servic�s rendered or material furnished to the Properiy. Trustor shall maintain the Property iree of all liens havinq prio�ity over or equal to the ,
<br /> interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due,except for the exlstinp indebtedness referred
<br /> to below,and except as othervvise provided in this Deed of Trust.
<br /> Ripht To Contest. Trustor may withhold payment of any tax,assessment,a claim in connection with a Qood faith dispute ovar tha oblipatlon
<br /> to pay,so long as Lender's interest in the Properiy is not jeopardized. If a lien arises or is flled as a resuft of nonpayment,Trustor shall withU
<br /> fiReen(15)days after the lien arises or,ff a lien is flled,within fifteen(15)days aiter Trustor has notice of the�Iing,secure the discharge of the
<br /> Ifen, or if requested by Lender, deposit with Lender cash or a suificient corporate surety bond or other security sadsfectory to Lender in an
<br /> amount sufficient to discharge the tien plus any costs and attorneys'fees or other charges that could accrue as a resuft of a foreclosure or sele
<br />� L.
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