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�i-22-i999 DEED OF TRUST 9 9 1113 3 8 Page 2
<br /> Loan No 1044924 (Continued)
<br /> Tnutor,or any one or more of them,whether now e�dsti�g or hereafter arising,whether related or unrelated to the purpose of the Note,whether
<br /> voluntary or otherwise,whether due or not due,absolute or contingent,liquidated or unliquidated and whether Trustor may be liable individually
<br /> or jointly with others,whether obligated as guarantor or otherwise,and whether recovery upon such Indebtedness may be or hereafter►►iaY
<br /> become barred by any statute of limitations,and whether such Indebtedness may be or hereafter may become otherwise unenforceable. This
<br /> Deed of Trust secures,in addition to the amounts specified in the Note,future adva�in the amount of 510,000.00,together with all interest
<br /> thereon,which future advances Lender is obligated to make so long as Trustor complies with ail the terms and conditions of the Note or other
<br /> loan a reement• however, in no event shall such fWure advances (excludin interest)exceed in the aggregate 310,000.00. The lien of
<br /> this �eed o�Trust shall not exceed at any one time s86,�.00.
<br /> Lender. The word"Lender'means UNII'ED NEBRASICA BANK,its sua�ssas and assigns.
<br /> Note. The word"Note"means the Note dated November Z2,1�99,in the principal amourrt of 576,000.00 from Trustor to Lender,
<br /> together with all renewals,extensions,modifications,refinancin9s�and substitutions for the Note.
<br /> Persond Property. The words "Persone� Property" mean all equipment, fixtures, and other articles of personal property now or hereafler
<br /> owned by Trustor, and now or hereafte� attached.or a� to the Real Property; together with all accessions, parts, and addiHons to, all
<br /> replacemenis of, and aN subsWutions for, any of such property; and toqether with all proceeds (indudinq wRhout limitation all insurance
<br /> proceeds and refunds of premiums)irom any sale or other dispositlo�of 1he PropertY•
<br /> Properly. The word"Property"means collecUvety the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the properiy,interests and rights described above in the"Conveyance and GranY'secUon.
<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,mo�t9a9es�deeds�trust,and all other instrumenls,agreements and
<br /> dxuments,whether now or hereaft�existlng,executed in con►�ectlon with the Indebtedness.
<br /> Rents. The word"Rents"means all present and future renis,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 sucxesssor trustees.
<br /> Trustor. The word"Trustor"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 THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN TFIE RENTS AND PER$ONAL
<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, TFIE RElATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST� INp.UDING THE
<br /> ASSIGNMENT OF RENTS AND TFIE SECURITY INTEREST IN TFIE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY
<br /> AND ALL OBLIGATIONS OF TRUSTOR UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF
<br /> EVEN DATE HEREWITH. ANY EVENT OF DEFAIx.T UNDER TFIE CONSTRUCTION LOAN AGREEMENT, OR ANY OF TFIE RELATED
<br /> DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAI�T UNDER THIS DEED OF TRUST. TFIE NOTE AND THIS
<br /> DEED OF TRUST ARE GIVEN AND ACCEPTED ON TFE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Tn�st,Trustor shall pay to Lender all amounts secured by this Deed
<br /> of Trust as they become due,and shall strictly and in a tlmely manner perform ell of Trustor's oblipadons under the Note,this Deed of Trust,and the
<br /> Related Documents.
<br /> POSSESSION AND MAINTENANCE OF TFIE PROPERTIf. Trustor egrees thet Trustor's possess�on and use of the Property shall be governed by
<br /> the following provisions:
<br /> Possession and Use. Until the occurrence of an Event of Defautt,Trustor may (a)remain in possession and control of the Prope�ty, (b)use,
<br /> operate or manage the Properly,and (c)collect any Rents from the Property.
<br /> Duty to Malnidn. Trustor shall maintain the Property ip tenantable conditbn and prompdy perform a��rePairs�rePlaceA'ients,and maintenance
<br /> necessary to pra5erve its value. !�• , . ,
<br /> Hazardous Substances. The terms"hezardous waste,""heaardous substance,""disposal,""release,"and"threaiened release,"as used in this
<br /> Deed of Trust,shall have the same meanings as set forth in the Comprehensive Environmental Response,Compensatlon,and Liability Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthorizabon Act of 1986, Pub. L. No.
<br /> gg-499("SARA'�, the Hezardous Materials Transportaiion 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 Iaws,rules, or regulations adopted pursuent to any of the foregoing. The
<br /> terms"hazardous waste"and"hazardous substance"shall also include,without limitation,petroleum and petrdeum by-producls or any freciion
<br /> thereof and asbestos. Trustor represe�ts and warranls to Lender that: (a)During the p�iod of Trustor's ownership of the Properiy,there has
<br /> been no use,generaHon,manufacture,storage,treatment,disposal,release or threatened release of any ha�rdous 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 previousty
<br /> disclosed to and acknowledged by Lender in writing, (i)any use,generation,manufacture,storage,treatment,disposai,release,or threatened
<br /> release of any hazardous waste or substance on,under,about or from the Property by any prior owners or occ����eviouslPrdisclosed t,and
<br /> actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Excep p Y
<br /> acknowledged by Lend�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 from the Property and (ii)any
<br /> such activity shall be conducted in compliance with all applicable federal,state,and�ocal Iaws, repulations and ordina�, including without
<br /> limitation those Iaws, regulations,and ordinances described above. Trustor authorizas Lender and its agents to enter upon the Property to
<br /> make such inspections and tesis, at Trustor's expense, as Lende�' may deem appropriate to determine compliance of the Prope�ty wRh 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 warrandes contained herein are
<br /> based on Trustor's due diligence in investigating the Property for hazardous waste and hezardous substances. Trustor hereby (a)releases and
<br /> waives any future claims against Lender for indemnity or contribution in the event Trustor becomes Ifable for cleanup or other costs under any
<br /> such laws, and (b) agrees to indemnity and hold harmless Lender against any and aN daims, losses, liabilities, damages, penelUes� and
<br /> expenses wh�h Lender may direcBy or indirectly sustain or suffer resulUng f�om a breach of this sectlon of the Deed of Trust or as a
<br /> consequence of any use,generatlon,manufacture,storage,disposal,release or threatened release of a hezardous waste or substance on the
<br /> prop�. The provisions of this section of the Deed of Trust, includirq the obligation to indemnHy, shall survive the payment of the
<br /> Indebtedness and the satlsfaction and reconveyance of the lien of this Deed of Trust and shall not be effected by Lender's acquisition of any
<br /> �e int�est in the Property,whether by foreclosure or otherwise.
<br /> Nuisance,Wasts. Trustor shall not cause,conduct or permit any nuisa�ce nor commit,permit,or suffer any sMpping of or waste on or to the
<br /> Property or any portion of the Property. WRhout Umitlng the generahiy of the foregang,Trustor will not remove,sx grant to any other party the
<br /> right to remove,any timber,minerals(including ai and ges),sal,gravei or rocic producis without the prior written consent of Lender.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvemenis from the Real Properiy without the prior written consent
<br /> of Lender. As a condition to the removal of any Improvements, Lender may require Trustor to mAke'arrangeu�ents sadsfactory to Lender to
<br /> replace such Improvemenis with Improvemenis of at least equal value.
<br /> Lender's Rlyht to En1er. Lender and iis agents and representa6ves may enier upon the Real Property at all reasonable tlrties to attend to
<br /> Lender's interesis and to inspect the Property for purposes of Trustor's compiiance with the terms and conditions of this Deed of Trust.
<br /> Complience with Govemmentd Requirementa. Trustor shall promptly comply with all laws, ordinarxes,and regulations, now or herefltter in
<br /> effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With
<br /> Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
<br /> including appropriate appeals, so long as Trustor has notified Lender in writing prior to dang so and so long as, in Lender's sole opinion,
<br /> Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably
<br /> satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agree.s neither to abandon nor leave unattended the Properiy. Trustor shall do all other acts,in additlon to those acts
<br /> set forth above in this section,wh�h 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 its option,declare 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 o4 the Real Property, or any interest in the Real Property. A
<br /> "sale or hansfer"rt►eans the conveyance of Real Properiy or any rigM,title or interest therein;whether legal,beneficial or equ�table;whether vduntary
<br /> or involuntary;whether by outright sale,deed,installment sale conUact,lend contract,contract for deed,leesehold interest with a term greater than
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