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12-06-1ggg DEED OF TRUST 9� i l �s s� page 2
<br /> Loan No 1051705 (Continued)
<br /> together with aN renewals, extensions, modificatlons, re8nancinps, and substitutlons for the Note. The maturity date of this Desd of Tn�st is
<br /> December 6,2004.
<br /> Persond Property. The words "Personal Property" mean ak equipment, Poctures, and other arNclaS of personal property now or hereafter
<br /> ow�ed by Trustor, and now or hereafter aitached or a(fbced to the Real Property; together with aN acx�ssions, parts, and additlons to, aN
<br /> replecements of, and aN substitutions for, any of such prope►ty; and toqether with ap proceeds (indudinq without NmHalbn aA insurance
<br /> proceeds and refunds of premiums)irom any sale or other disposi4lon of the Property.
<br /> Property. The word"Property'means collectively the Real Prope�ty and the Personel Property.
<br /> Red Property. The words"Real Property'mean the property,interests and riyhts described above in the"Conveyance and GranP secUon.
<br /> Releted Documenta The words "Related Documenis" mean and include without NmitaMon aN promissory notes, crodit a�reemenia, loan
<br /> agreemenls,environmental agreements,guaranties,security aqreements,mortgages,deeds of trust,and ail other inshuments,e�reements end
<br /> documents,whether now or hereatt�existlng,executed in connection wwith the Indebtedness.
<br /> Rents. The word"Renis"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 substltute or successor trustees.
<br /> Trustor. The word'Trustor"means any and aH p�sons and entities executlny this Deed of Trust,includiny without Amitatlon aB Trustors named
<br /> ebove.
<br /> THIS DEED OF TRUST, INCLWING TFIE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br /> PROPERTY, IS GIVEN TO SECURE (1)PAYMENT OF TFIE INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALI.OBLIGATIONS OF
<br /> TRUSTOR UNDER THE NOTE,TFIE 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 shaU pay to Lender aN amounts secured by this Deed
<br /> of Trust as they become due,and shaH sMctly and in a timely manner perform aN of Trustor's obGpatlons under the Note,this Deed of Trust,and the
<br /> Related Dxuments.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by
<br /> the foNowiny provisions: '
<br /> PostesNon end U�s. Until the occurrence of an Event of Default,Trustor may (a)remain in possession and contrd of the Property, (b)use,
<br /> operate or marwfle the Property,and (c)coHect any Rents irom the Property.
<br /> Duty to MaiMdn. Trustor shatl maintain the Property in tenantable condiHon and prompdy perform aN repairs,replacements,and maintenance
<br /> nec�ssary to preserve Rs value.
<br /> F�Iezerdous Substances. The terms"hazardous waste,""hazardous substance,""disposal,""release;and"threatened releQSe,"as used in this
<br /> Deed of Trust,shaN have the same meanings as set forth in the Comprehensive Environmental Respo�e,Compensation,and LiebAity Act of
<br /> 1980, as amended, 42 U.S.C. Seclion 9601, et seq. ("CERCLA'�, the SuparFund Amendments and Reauthorizaibn Act of 1986, Pub. L No.
<br /> 99-499("SARA'�,the Flazardous Materials Transportatlon Act,49 U.S.C. Secdon 1801,et seq.,the Resou�ConsavaHon and Recovery Act,
<br /> 42 U.S.C.Section 6901,et seq., or other applicable state or Federel laws,rules,or requlatlons adopted pursuent to any of the forepanp. The
<br /> terms"hazardous waste"and"hazsrdous substance"shall also indude,without limitation,petroleum and petroleum by--producls or any tractlon
<br /> thereof and asbestos. Trustor represents and warrants to Lender that: (a)During the period of Trustor's ownersh�of the Property,tt�e has
<br /> been no use,generation,manufacture,storage,treatment,disposal,release or threatened release of any hazardous waste or substance by any
<br /> person on,under,about or lrom the Property; (b)Trustor has no knowledge of,or reason to believe that there has been,sxcept as previously
<br /> disciosed to and acknowledged by Lender in writing, (i)any use,generation,manufacture,stwAge,treatment,disposal,release,or threstened
<br /> release of any hazardous waste or substar�on,under,aboW or from the Property by any prior owners or occupants of the Property or (�)any
<br /> ectual or threatened IiHgation or daims of any kind by any person relaHrp to such matters; and (c)Except as'previously diac;losed to and
<br /> ecknowiedged by Lender in writing, (i) neither Trustor nor any tenant, confiractor, agent or other aWhorized user of the Properiy shaN use,
<br /> �enerate,manufacture,store,treat,dispase of,or release any hazardous waste or substance on,under,about or irom the Properiy and (q)any
<br /> such activityy shaq be conducted in compliance with sA appNcable federsl,state,and local laws, regulations and ordinances, indudirq without
<br /> NmitaHon those laws, reguladons, and ordina� described above. Trustor authorizes Lender and its agents to anter upon the Property to
<br /> make such inspecdons and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with this
<br /> secNon of the Deed of Trust. Any inspecHons or tesis rr►ade by Lender sheN be for Lender's pu►poses only and shaN not be con�irued to create
<br /> any responsibNity or liebility on the parf of Lender to Trustor or to any other person. The representatio�s and wamnties contalned herein are
<br /> based on Trustor's due diligence in investigating the Property for hazardous waste and hazardous substanoes. Tn�stor hereby (a)releases and
<br /> waives any future daims against Lender for indemnity or contribuiion in the event Trustor becomes liable for deanup or other costs under any
<br /> such laws, and (b) agrees to indemniy and hdd harmless Lender against any and all deims, losses, Nabilities, damaqes, penalties, and
<br /> expensas which Lender may directly or indirectly sustain or suffer resWting from a breach of this secHon of the Deed � Trust or as a
<br /> consequence of any�e,fleneration, manufacture,storaye,disposal,release or threaiened release of a hazardous wasie or substance on the
<br /> properties. The provisions of this secUon of the Deed of Trust, induding the obA�adon to indemnify, shaN survive the paymant of the
<br /> Indebtedness and the satlsfacdon and reconveyance of the Nen of this Deed of Trust and shaN not be affected by Lender's acquisitlon of any
<br /> in�t in the Property,whether by foreclosure or otherwise.
<br /> Nulsance,Waste. Trustor shaA not cause,conduct or permit any nuisance na�commit,permit,or suifer any sMppiny of or waste on or to the
<br /> Property or any portion of the Properiy. Without Nmiting the generaHty of the foregang,Trustor wiN not remove,or grant to any other pariy the
<br /> right to remove,any Hmb�,minerals(indudinp oil and qas),sdl,yravel or rodc products without the prior written consent of Lender.
<br /> Removd of Improvementa. Trustor shaR not demolish or remove any Improvements from the Real Properiy without the prior written co�uent
<br /> of Lender. As a condition to the removal of any Improvemenis, Lender may require Trustor to make arrangements saiisfactory to Lander to
<br /> replace such Improvements with Improvements of at least equal value.
<br /> Lender'a Rl�ht to Enter. Lender and iis agents and representadves may enter upon the Real Property at aN reasonable tlmes to attend to
<br /> Lender's interests and to inspect the Property for purposes of Trustor's compliance with the terms and condidons of this Deed of Trust
<br /> Compliance with Govemmental Requirementa Trustor shaN promptly comply with aR laws, ordinances,and repulations,now or hereaffer In
<br /> effect, of aA governmental authorities applicable to the use or occupancy of the Property, including without NmitaHon, the Ame�icans With
<br /> DisebNities Act. Trustor may contest in good faith any such lavv, ordinance, or repulatlon and withhdd compliance during any proceedirq,
<br /> induding appropriate appeals, so long as Trustor has notifled Lender in writing prior to dang so and so lony as, in Lender's sole opinion,
<br /> Lender's interests in the Property are not jeopardi�ed. Lender may require Trustor to post adequate security or s surety bond, reasonebly
<br /> satlsfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon nor leave unettended the Property. Trustor shaA do all other acis,in addiNon to those acis
<br /> set forth above in this secUon,which from the character and use of the Property are reasonably necessary to protect and presenre the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at iis opHon,declare immedfetely due and payable aN sums secured by this Deed of Trust
<br /> upon the sale or transfer,without the Lender's prior written consent, of aN or any part of fhe Real Property,or any interest in the Reai Property. A
<br /> "sale or transfer'means the conveyance of Real Propwiy tlr any rigF�,tiMb or iAterest therein;whether legal,beneAdel or equitable;whether vduntary
<br /> or invduntary;whether by ouhiyht sale,deed,instaRAient sale cont�act,N�nd Contract,conMect for deed,leasehold interest with a term greater than
<br /> three(3)years, leese-option contract, or by sale, assignment, or transfrr of�$ny benelfoial interest in or to any land trust holdirp title fo the Red
<br /> Property, or by any other method of conveyance of R�I Property i�tereist. I�any Trus#or is a corporation,partnership or Nmited IiabUity company, ,
<br /> transfer also includes any change in ownership of rtwre t�an iwenty-hve percent{2596J of the voting stock, partnership interests or limited NabiHty
<br /> company int�ests,as the case may be, of Trustor. How$ver,tnis option shaN not be socercised by Lender if such exercise is prohibited by Federal
<br /> law or by Nebraska Iaw. � t � �
<br /> TAXES AND LIENS. The following provisions relating to ttie taxes aAd Nens on the Proparty are a part of this Deed of Trust.
<br /> Payment. Trustor shall pay when due (and in aN ev�nts prior to delinqtiencx)aN�exes, special taxes, essessments,charges(inciuding water
<br /> ond www), An� tnd impo�ition� I�viod pp�insf w on Accouflt of,ttw Prop�rty, qnd �h4n pQy wtwn duo oll claima for waic dono on or for
<br /> services rendered or material furnished to the Property. T,rustor shall maintaiA the"Property free of all Ifens having priority over or equai to the
<br /> interest of Lender under this Deed of Trust,except forrthe I`�n d taxes an�asgessments not due and except as otherwise provided in this Deed
<br /> of Trust. • �
<br /> Rlyht To Contest. Trustor may withhdd payment of any'taic,�ssessment,or daim in connection with a good faith dlspute over the obNgatlon
<br /> to pay,so long as Lender's interest in the Property is not jeoperdi�ed. If a Nen arfses or is�led as a result oi nonpayment,Trustor shaN witF�n
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