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»-26-1999 s 9 1115 8�3 DEED O n eR�UST P�� 2
<br /> Loan No 1049873
<br /> replacements of, and all substituHons for, any of such property; and together with all proceeds (includiny without HmNatlon all Insurance
<br /> proceeds and refunds of premiums)from any sale or other disposition of the Property.
<br /> Propsrty. The word"Property"mear�s coNecflvely the Real Property and the Personal Property.
<br /> Real Property. The words'fiesl Propert�I'mean the prope�ty,i�terests and rights described above in the"Conveyance and Grant"secUon.
<br /> Related Documenb. The words 'fielated Dxuments" mean and include without limitation all promissory notes, credft agreements, loan
<br /> agreements,environmental agreements,guarant(es,security agreements,mortgages,deeds of trust,and aii other insiruments,agreements and
<br /> documents,whether now or hereafter e�ds6ng,executed in connection with the Indebtedness.
<br /> Renb. The word"Ren1s"means aN present and future rents,revenues, income, issues, royalties, profits,and other beneffis derived firom ths
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute or successor trustees.
<br /> Trustor. The word"Trustor"means any and all persons and entities executin�this Deed of Trust,including wlthout Ilmitallon aN Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND TFIE SECURiTY INTEREST IN TFIE RENTS AND PERSONAL
<br /> PROPEfiTY, IS GIVEN TO SECURE (1)PAYMENT OF TFIE INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
<br /> TRUSTOR UNDER TFIE NOTE,TFIE RELATED DOCUMENTg�ANp Ttqg pEEp pF TpUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br /> ON THE FOLLOWING TERM3:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Tnut,Tnutor ah�ll pay to Lender aN amounta sec�xad by this Dsod
<br /> �T���s�aY b��dw.ar►d shhaGG stricdy and in a dmely rnannsr parfo`m aii of Trustor's obligations under the Nbte,this Deed of Trust,and ths
<br /> Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor a9rees that Trustor'a possession and use of the properiy shaN be�overned by
<br /> the fdlowing provisions:
<br /> Fussess�on 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 irom the Property.
<br /> Duty to Mdntadn. Trustor shall melntain the Property M tenantable condiUon and promptly perform aA repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> Nazardous Substances. The terms"hazardous waste,""hazardous substance,""disposal,""release,"and"threatened release"es used in this
<br /> Deed of Trust,shaA have the same meanin�s as set forth in the Comprehensive Environmentel Response,Compensatlon,and Liability Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthorizadon Act oi 1986, pub. L, No,
<br /> 99-499("SARA'�,the Hazardous Mate�ials Transportation Act,49 U.S.C. Section 1801,et seq.,the Resource Conservatlon and Recovery/1ct,
<br /> 42 U.S.C.SecHon 6901,et seq., or other applicable state or Federal laws,rules, or reguladons adopted pursuant to any of the forepdrp. The
<br /> terms"hazardous waste"and"hezardous substance"shall also indude,without limitatbn,petroleum and pehdeum by�-producls or arry fraciion
<br /> thereof and asbestos. Trustor represents and warrants to Lender that: (a)During the period of Trustor's ownership of the Proparty,fhera has
<br /> been no use,peneration,manufacture,storage,treatment,disposal,releese or threatened release of arry hazardous waste or subatance by any
<br /> person on,under,about or irom the Properiy; (b)Trustor has no knowledge of,or reason to believe that there has been,exc�pt as previously
<br /> disdosed to and acknowledged by Lender in writing, (i)any use,generaHon,manufacture,storage,treatment,dlsposal,release, or threatened
<br /> release of any hazardous waste or substance on,under,about or irom the Properiy by any prior owners or occupants of the Property or (N)any
<br /> actual or threatened IitigaHon or claims of any kind by any person relating to such matters; and (c) Except as previously disdosed to and
<br /> acknowledged by lender in writing, (i) neither Trustor nor any tenent, conUactor, agent or other suthorized user of the Property shaq use,
<br /> penerate,manufacture,store,freat,dispose of,or release any hezardous waste or substanoe on,under,about or I�om the Propmrty and �i)erry
<br /> such activity shaN be conduCted in compliance with all applicable federal,state,and local laws, regulations and ordina�, includinp without
<br /> IimitaHon those law5, regulations, and ordinances described above. Trustor authori�es Lender and its agents to enter upon the Property to
<br /> meke such inspections and tests, at Trustor's expense, as Lender may deem appropriate to det�mine compliance of the Property with this
<br /> secNon of the Desd of Trt�l. Any inspectiors ar test�Tnad9 by Lenct�r shaN be ta Lender's purpases oMy and shall not be conshued to create
<br /> any responsibility or liability on the part of Len�r to Tn�stor or to any other person. The rop►esentatbns and warrentles contained haroin an
<br /> based on Trustor's due diligence in investipatlng the Property for huardous was�and huardous substarx�es. Trustor hereby (a)ralenses end
<br /> wafves any future daims against Lender for lndemnity or contribuiion in the eveM Trustor becomes Ifable for cleanup or other costa under any
<br /> such laws, and (b) agrees to indemnify and hdd harmless Lender agair�t any and aN deims, losses, IiabNittes, darrwyes, pon4lWc, and
<br /> expenses wh(ch Lender may directly or indirecily sustain or suffer resulting from a breach of this secHon of the Deed o/ Trusf or as a
<br /> consequence of any use,generation,manWacture,storafle,disposal,relea5e br threatened release of a hezardous waste or substanoe on the
<br /> propertia�. The provislons of this sectlon of the Deed ot Trust, including the obifgation to indemni(y, shaH survive the payment of the
<br /> Indebtedness and the satisfactlon and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acqufsiNon of any
<br /> interest in the Prc�porty,whether by foreclosure or otherwise.
<br /> Nuisance,Waste. Trustw shaN not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of or waste on or to the
<br /> Property or any portion of the Property. Without Ifmiting the generality of the foreyofnfl,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 writlen consent of Lender.
<br /> Removd of Improvements. Trustor shall not demolish or remove any Improvemenls irom the Real Property without the prior written consent
<br /> ot Lender. As a condition to the removal of any Improvements, Lender may requlre Trustor to make arrangements satisfsctory to Lender to
<br /> replaoe such Improvements with Improvements of at least equal value.
<br /> Lendsr's Riyht to Enter. Lender and its a�enls and representatives may enter upon the Real Property at all reasonable tlmes to attend to
<br /> Lender's interests and to inspect the Property for purposes of Trustor's compliance with the terms and condiHons ot this Deed of Trust.
<br /> Compllance with Govemmental Requireme�ts. Trustor shall promptly comply with aN laws,ordinances,and repuladons, now or hereafter in
<br /> effect, oi aA governmental authorities appNcable to the use or occupancy of the Property. Trustor may contest in �ood faith any such kw,.
<br /> ordinance,or regulaHon and withhdd compNance du�inp any proceedinp,includiny appropriate appeals,so lonp as Trustor has noMfed Le�
<br /> in writing prior to doing so and so long as,in Lendei's sole opinion,Lender's interests in the Property are not jeopardizBd. Lender rr�ay requke
<br /> Trustor to post adequate security or a surety bond,reasonabiy saHsfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agreas neither to abandon nor leave unattended the Properiy. Trustor shall do all other acts,in addition to those�ts
<br /> set forth above in this section,whlch from the character and use of the Property are reasonably�sary to protect and preserve the Property.
<br /> DUE OM SAI.E—CONSENT BY LENDER. Lender may,at its op6on,declere Immediatety due and payable aN sums secured by this Desd of Tn�tt
<br /> upon the sale or transfer,without the Lender's prior wrilten ccx+sent, of all or any paR of the Real Property,or any intero�t in the Rsal Prpper�y, q
<br /> "sa�e or lransfer"means the conveyance of Renl Property or any right,title or interest therein;whether legal,beneficiai or equitable;whether vduntary
<br /> or i�vduntary;whether by ouMght sale,deed,insteliment sele contract,land contract,coMract for deed,leesehdd inierest with a term greater than
<br /> three (3)years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust hdding tlik to the Real
<br /> Property, or by any ofher method of aonveyance of Reai Property interest. If any Trustor is a caporation,partnership or Iimited liability company,
<br /> transfer also includes any charroe in own�ship of more than iwenty--five percent(25%) of the voting stock, partnership intere�ts or Nmffed Ii�bNity
<br /> company interesis,as the case may be,of Trustar. However, this optlon shall not be exercised by l.ender ff such exercise is proMbfted by isderal
<br /> law or by Nebraska law.
<br /> TAXES AND LIENS. The followiny provisions reletinq to the taxes and liens on the Properiy are a part of this.Deed of Trust.
<br /> Paymsnt. Trt�stoS s II pay when due (end in all events prior to delinq�ncy)aq ta�ces, specis�texes,assessrr�e�ts,charpes(includinp water
<br /> and �ewial�), fin�s:ar�imp�ipbns levied against or on account of the Property, and shaq pay when due aH claims for worlc done on or for
<br /> services rendered or metertal furnished to the Prope�ty. Trustor shell maintein the Property free of all liens haviny prfority over or equel to the
<br /> interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due,except for the exisdny(ndebtedness reierred
<br /> to b�low,and except as otherwise provided in this Deed of Trust.
<br /> Riyht To Contest. Trustor may withhdd payment of any tax,essessrr�ent, or daim in connecHon with a good faith dispute oVer the�KpaHon
<br /> to pay,so long as Lenders interest in the Property is not Jeopardized. If a lien ar(ses or Is flled as a result of nonpayment,Trustor s wfthin
<br /> fliteen(15)days aRer the Ifen arises or,if a Ilen is(Illed,wlthln flfteen(15)daya aMer Trustor hns nodce of the flNng,�ecuro ths dbcharg�e of the
<br /> lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate Surety bond or other security saHsfactory to Lender M an
<br /> amount sufficient to discharge the Nen plus any costs and attorneys'fees or other charges that could aaxue as a result of a for.closure or sale
<br /> 4�tder the Nen. In any cbntest,Trustor sheN defend itself and Ler►der and shaN saHsiy any adverse)udgment before eMorcamerd�ainst the
<br /> Property. Trustor ghall name Lender as an addi�onal obliqee under any surety bond hunished in the contest proceedin�.
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