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��-22-1999 DEED OF TRUST 9 � 1 � f 3�t� P°� 2
<br /> Loan No 1044924 (Continued)
<br /> Note,whether voluntary or otherwise,whether due or not due,absolute or contingent,liquidated or unliquideted and whether Borrower may be
<br /> liable individually or jointly with others,whether obligated as guarantor or otherwise,and whether recovery upon such Indebtedness may be or
<br /> hereafter may become barred by any statute of timitarions, and whether such Indebtedness may be or hereafter may become otherwise
<br /> unenforceable. This Deed of Trust secures, in addition to the amounts specified in the Note, future adva� in the amount of a10,000.00,
<br /> together with all interest thereon, which future advanc�s Lender is obligated to make so lony as Borrower complies with all the terms and
<br /> conditions of the Note or other loan agreement; however,in no event shall s�h future advances(excluding interest)exceed in the aggregate
<br /> $10,000.00.
<br /> Lender. The word"Lender"means UNITED NEBRASKA BANK,its sur.cessors and assigns.
<br /> Note. The word "Note" means the Note dated Novembsr 22, 1�, In the prinCipel amOUr�t Of 576,000.00 trom Borrower to
<br /> Lender, together with all renewals, extensions, modifications, reflnancings, and subsdtudons for the Note. The maturity date of this Deed of
<br /> Trust is December 22,2000.
<br /> Personal Properly. The words "Personal Property" mean aA equipment, fixtures, and other articles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or affoced to the Real Property; together with all accessions, parts, and addidons to, all
<br /> replacements of, and all substitutions for, any of such property; and together with all proceeds (ihcluding without limitation all insurance
<br /> proc:eeds and refunds of premiums)irom any sale or other disposiHon of the Property.
<br /> Property. The word"Property"means collectively the Real Properiy and the Personal Property.
<br /> Red 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 limitation all promissory notes, credit agreemen�, loan
<br /> agreements,environmen•,al agrss;nents,guar&nties,secu�iy agreemenis,mortgages,dbeds of trust,and all other instruments,agreements and
<br /> documents,whether now or hereafter existing,executed in connection with the Indebtedness.
<br /> Rents. The word"Rents"means all present and future rents,revenues, income, issu�,royalties, profiis,and other benefits derived irom the
<br /> Property.
<br /> Trusiee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute w successor trustees.
<br /> Trustor. The word"Trustor"means any and all persons and entities executing this Deed of Trust,including without IimitaGon all Trustors named
<br /> above. Any Trustor who signs this Deed of Trust, but does not sign the Note, is signing this Deed of Trust only to grant and convey that
<br /> Trustor's interest in the Real Property and to grant a security interest in Trustor's interest in the Renis and Personal Property to Lender and is not
<br /> personally liable under the Note except as othervvise provided by contract or law.
<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 ANO (2) PERFORMANCE OF ANV AND ALL OBLIGATIONS OF
<br /> TRUSTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING TFIE
<br /> ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECUHE ANY
<br /> AND ALL OBLIGATIONS OF BORROWER UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND
<br /> LENDER OF EVEN DATE FIEREWITH. ANY EVENT OF DEFAI�T UNDER THE CONSTRUCTION LOAN AGREEMENT, OFi ANY OF THE
<br /> RELATED DOCUMENTS REFERRED TO THEREIN,SHALL ALSO BE M1 EVE�dT OF DEFAILT UNDER THIS DEED OF TRUST. TFIE NOTE AND
<br /> THIS DEED OF TRUST ARE GIVEN AND ACCEPTED ON TF�FOLLOWING TERMS:
<br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor waRants that: (a)this Deed of Trust is executed at Borrower's request and not at
<br /> the request of Lender; (b)Trustor has the full power,right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c)the
<br /> provisions of this Deed of Trust do not conNict with,w resuN in a defauk under any agreert►ent or other instrument binding upon Trustor and do not
<br /> result in a violation of any law,regulation,court decree or order applicable to Trustor, �(d)Trustor has established adequate means of obtaininy irom
<br /> Borrower on a continuing basis informa6on about Borrower's financial condition; end (e) Lender has made no representaHon to Trustor about
<br /> Borrower(including without limitation the crediiworthiness of Borrower).
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defe�ses erising by reason of any"one action"or"anti-deficiency"law,or any other law which
<br /> may prevent Lender irom bringing any acHon against Trustor,including a claim for deficiency to the extent Lender is otherwise entided to a claim for
<br /> deficiency,before or after Lender's commencement or cample::��cf ar.y f,rer_lo=u�s-EC.tian,_either jydiciR�ly or by exercise of a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Borrower shall pay to Lender all Indebtedness secured by
<br /> this Deed of Trust as it becomes due,and Borrower and Trustor shall strictly perform all their respecHve dbligaHons under the Note,this Deed of
<br /> Trust,and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor and Borrower agree that Trustor's possesslon end use of the Property shall be
<br /> governed by the following provisions:
<br /> Possession and Use. 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 trom the Properiy.
<br /> Duty to Maintain. Trustor shall maintain the Properly in tenantable condition and promptly perform all repairs,replacemenis,and maintenanc:e
<br /> necessary to presenre its value.
<br /> Hazardous Substances. The terms"hazardous waste,""hazardous substanca,""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,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 forepoing. The
<br /> terms"hazardous waste"and"hazardous substance"shall also include,without limitation,petroleum and petroleum by-products or any iraction
<br /> thereof and asb�tos. Trustor represents and werrants to Lender that: (a)During the period of Trustor's ownership of the Property,there hes
<br /> been no use,ge�eration,manufacture,storage,treatment,disposal,release or threatened release of eny hezerdous waste or substance by any
<br /> person on,under,about or from 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 writing, (i)any use,generaHon,manufacture,storage,treatment,disposel,release, or threatened
<br /> release of any hezardous waste or substance on,under,about or from the Properiy by any prior owners or occupants of the Property or (ii)any
<br /> actual or threatened iitigation 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 wr.ting, (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 from the Property and (ii)any
<br /> such activity shall be conducted in compliance with all applicable federal,state,and locai laws, regulaHoru and ordinanc�s, induding without
<br /> limitatlon those Iaws, regulations, and ordina� described above. Trustor suthori�s Lender and iis agents to enter upon the Properiy to
<br /> make such inspections and tests, 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 shali 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 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 egainst any and a�l c�ims,�los�, liabilitiqs, damages, penaliies, 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,genera6on, manufacture,storage,disposal,release or threatened release of a hazardous waste or substance on the
<br /> properties. The provisions of this section of the D3ed of Trust, including the obligation fo indem�fy, shall survive the payment of the
<br /> Indebtedness and the satisfacHon 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 Properly,whether by foreclosure or othervvise.
<br /> Nuisence,Waste. Trustor shall not cause,conduct or permit any nuisance nor commit,p�mit,or suffer any sMpping of or waste on or to the
<br /> Property or any portion of the Property. Without limiring the generaliiy of the foregoing,Trustor will not remove,or grant to any other party the
<br /> right to remove,any timber,minerals(including al and gas),soil,gravel or rock producls without the prior written consent of Lender.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvemenis from the Real Property wffhout the prior written consent �
<br /> of Lender. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangemenis satisfactory to Lender to
<br /> replace such Improvements with Improvements of at least equai velue.
<br /> Lender's Ri�ht to Enter. Lender and its e�ents and r9presentatives may enter upon the Real Property at all reasoneble iimes to attend to
<br /> Lender's interests and to inspect the Properiy for purposes of Trustors compliance with the terms and condidons of this Deed of Trust.
<br /> Compliance with Govemmental Requirements. Trustor shaN promptly compty with all laws,ordinanc�ss,and regulaHons, now or hereafter in
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