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<br /> 12-03-1999 9 9 1116 91 DEED O n eausT pa9e 2
<br /> Loan No 1050921
<br /> owned by Trustor, and now or hereafter attached or a(foced to the Real Property; together with all accessions, parts, and addidons to, all
<br /> �lacements of, and all substituHons for, any of such property; and together with all proceeds (including without limitatlon aN insurance
<br /> proc�eds and refunds of premiums)irom any sale or other disposition of the Property.
<br /> Property. The word"Property'means Cdlectively the Reel Property and the Personel Property.
<br /> Red Propery. The words"Real Property'mean the property,interests and rights described above in the"Conveyance and Grant"sectlon.
<br /> RNated Documents. The words "Related Docurtwnts' mean and include without Rmitatlon aq promissory notes, credit apreements, loan
<br /> apreements,environmental agreements,fluarantles,security agreements,mort�ages,deeds of trust,and aN other instruments,apreaments and
<br /> dxuments,whether now or hereafter�dsting,executed in cpnnection with the Indebtedness.
<br /> Renb. The word Tients"means aM present and future rents,rsvenues, incoms, issuas,royaHies,prolita,and othar ber�eAFs de�ived irom th�
<br /> Property.
<br /> TnutN. The word"Trusfee"means UNITED f�BRASICA BANMC and any substltuie or sucoessor�tu�.
<br /> Trustor. The word"Trustor"means any and aN persons and entides execudng this Deed of Trust,including without limitatlon all Trustors nomed
<br /> above. "
<br /> THI8 DEED OF TRUST, INq.UDING TFE ASSIGNMENT OF RENTS AND TFIE SECURITY INTEREST IN TFIE RENTS AND PERSONAL
<br /> PROPERTY,18 GIVEN TO SECURE (1)PAYMENT OF THE INDEBTEDNES3 AND (2)PERFORMANCE OF ANY AND ALL OB�IGATIONS OF
<br /> TRUSTOR UNDER TFiE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br /> ON THE FOLLOWING TERMS:
<br /> PAYMENT AI�fD PERFORMAI�FCE. Except a3 otherwise prov�d in th�D�ed of Trust,Trdstor shoN p�y b i.wrtlYf iN ��--- �q
<br /> ot Tnist as they become due,and shall stricdy and fn a tlmely manrnr p�rMrm ap of Trustors obNpaMons undar ths Nc�19,this Deed of Trust,and fM
<br /> Related Dxuments.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor ayrees that Trustor's possession and use of the Properiy shall be govemed by
<br /> the foNowinp provisions:
<br /> Posse8sion and Use. Until the accurrence of an Event of Default,Trustor may (a)remain in possession end contrd of the Property, (b)use,
<br /> operate or manaye the Property,and (c)coNect any Rents from the Properly.
<br /> Duty to Mdntdn. Trustor shall maintain the Property in tenantable condifion and promptly perform all repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> Fiazardous Substances. The terms"hazardous waste,""hazardous subsfance,""disposal,""release,"and"threatened releflse,"es used fn this
<br /> Deed of Trust,shall have the same meanings as set forth in the Comprehensive Environmental Response,Compensadon, end LiabiNty Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthorizallon Act of 1986, Pub. L. No.
<br /> 99-499("SARA'�,the Hazardous Materials Transporfation 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 appliceble state or Fed�al laws,n�les,cr repuladons adopted pursuant to any of the fcXepoin�. The
<br /> terms"hazardous waste"and"hazardous substance"sheN also indude,without HmHaHon,peholeum and petroleum by-producis or any fracdon
<br /> thereof and asbestos. Trustor represents and warrants to Lender that: (a)Durinp the period of Trustor's ow►nership of the Property,tNere has
<br /> been no use,yeneration,manufacture,stora�e,treatment,disposal,release or threatened release of any hazardous waste or substance by any
<br /> person on,under,about or trom the Properly; (b)Trustor has no knowledpe of,or resson to believe thot there has been,e�ccept as praviou�ly
<br /> disdosed to and adcnowiedged by Lender in wriHng, (i)any use,generatlon,manufacture,siora�e,trestment,disposal,release,or threatened
<br /> release ot any hezardous waste or substance on,under,about or from the Property by any prior owners or occupants of the Properiy or (N)any
<br /> actual or threatened IiHgation or daims of any kind by any person reladnp to such matters; and (c)Except as prevbusly disclosed to and
<br /> adcnowledped by Lender in writinp, (i) neitt�r Trusior nor any tenant, contractor,agent or other authorized user of the Property shaN use,
<br /> penerate,manufacture,store,heat,dispose of,or releos�any hs�zardous waste or substance on,under,about or(rom the Properfy and (ii)am
<br /> such acUvity shall be conducted in compNance with aN aPPlicable iederal,state,and local laws, repula�ons and ordra►�s�Mdudinp witfwut
<br /> 1n�ta�on those lews, reGuladons� and ordiner�dsecxibed above. Trustor euthorizes Lendar and Na�snts to sr�isc upon�Propsrty to
<br /> mdce such Insps�Uons snd tesis, at Tn�stor's expense, as Lender may deem appropriate to determine compNa►x�s of!hs Propsrty wqh thit
<br /> section of the Deed of Trust. Any inspections or te�a rt�de bqte�ttlK�iF'bir'b►Lsnder's purposes only and shall not be consb'ued to a�eais
<br /> any responsibility or IiabiAty 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 diRgence in invesqgating the Property for hazardous waste and hazardous substances. Trustor hereby (a)releases and
<br /> wafves any tuture daims against Lender for indemnity or contribution in the event Trustor becomes liable for cieanup or other casts under any
<br /> such laws, and (b) agrees to indemnify and hold harmless Lender aysinst any and aN daims, losses, Nab�, damaqes, perultfes, and
<br /> expenses which Lend� may direcUy or indirecdy sustaln or sutfer resulting irom a br�Ch of this secdon of the Deed of Trust or as a
<br /> congequence of any use,generation, manufacture,storage.disposal,release or threntened release of a hazardous waste or substance on the
<br /> properties. The provisions of this secpon of the Deed of Trust, includirq the obltpaHon to indemnify, shaN survive the payment � the
<br /> Indebtedness and the sadsfaction and reconveyance�the Nen of this Deed of Trust and sheN not be affected by Lender's acqWsiUon o(arry
<br /> interest in the Property,whether by foredosure or otherwise.
<br /> Nuieance,Waste. Trustor shall not cause,conduct or perrrut any nuisance nor commit,permit,or suffe�r any shipping of or waste on or to the
<br /> Property or any portion of the Property. Without HmNing the qeneraNty of the foregang,Trustor wiH not remove,or�rrant to any other party the
<br /> ripht to remove,any tlmber,min�als(induding oil and gas),soil,gravel or rodc products without the prior written consent of Lender.
<br /> Removd ot Improvements. Trustor shail not demolish or remove any Improvements irom the Real Property without the p►ior written conseM
<br /> of Lender. As a condiifon to the removal of any ImproVements, Lender rnay require Trustor to make arranqemenis satisfactory to Lender to
<br /> replece such Improvements with Improvemenis of at least equal value.
<br /> lender's Riqht to Enter. Lender and Rs agenis and representatives may enter upon the Real Property et aq reasonabie tlmes fo aiNnd to
<br /> Lender's interests and to inspect the Property for purposes of Trustor's compNance with the terms and conditions of this Deed of Trust.
<br /> Compliance with GovemmenW Requirementa. Trustor shall promptly comply with eN lews,ordinances,and repuladons, now or hereorier k�
<br /> effect, of ell povernmentel authorities applicable to the uss or occupency of the Property. Trustor may contest in good fakh any auch law,
<br /> ordinance,or regulaHon and withhdd compNance during any proceeding,induding eppropriate appeals,so long as Trustor hes notNfed Lender
<br /> in wriUnp prior to doing so and so bng as,in Lender's sole opinion,Lender's interests in the Property are not jeopardired. Lendar may requiro
<br /> Trustor to post adequate security or a surety bond,reasonably saHsfactory to Lender,to protect Lendei's interest.
<br /> ouy ro�rotect. Trustor agrees neither to ebandon nor leave unetten�d the Property. Trustor shaq do all other acts,in addidon to those acis
<br /> , set:krth above M thfs section,which from the character and use of the Properly sre reasonably nec�essery to protect and praserw the Propa�ty.
<br /> DUE ON SALE-C6NSENT BY LENDER. Lender may,at Hs opHon;declare immediately d�and payable all sums secured by tMs Deed of Trust
<br /> upon the sale or transfer,without the Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A
<br /> "sele�trans(ee"mesns ths conveyence of Real Property or any rigM,tHfe or inisrest thsrein;whether kpal.benstic(sl or equHabk;whetF�er vduntary
<br /> or invduntary;whether by ouMght sale,dsed,installment sale contract,land coMract,contract for deed,leasehold fn�t with a tiermm greatar than
<br /> three(3)�aeus, tease-optlon contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust hddirp tltle to the Real
<br /> Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporatlon,pertnershtp or Nmfted liability company,
<br /> transfer also includes any change in ownership of more then tweniy-(ive percent(25%)of the voting stock, pa►tnership interesls or NmiNd NabNity
<br /> company interests,as the case may be,of Trustor. However,this option shaN not be exercised by Lender if such exercise is prohibited by federal
<br /> law or by Nebraska law..
<br /> TAXES AND LIEN�. The lollowing provisions relating to the taxes and Nens on the Properiy are a part of this Deed of Trust.
<br /> Payment. Trustor shaN pay when due(a�d fn all evenie prior to delinquency)ail�xa�,special taxag,assessments,Charges(includirp water
<br /> and sewer), flnes and impositlons levied against a on account of the Property, and shaN pay when due all daims for work done on or for
<br /> services rendered or material furnished to the Property. Trustor shall maintain the Prope�ty free of aN liens having priority ov�or equal to the
<br /> int�est of Lender under this Deed of Trust,except for the lien of taxes and assessments not due,except for the exisHng indebtedness referred
<br /> to below,and except as otherwise provided in this Deed of Trust.
<br /> Rl�t To Contest. Trustor may withhold payment of any tax,assessment,or claim in connectlon with a pood tafth d(spute ove�the oblipadon
<br /> to pay,so long as Lender's interest In the Property�not jeopardined. If a Ilen arises or is flled as a resuft of nonpayment,Trustor shall within
<br /> (iftfteen(15)days after the lien arises or,ff a lien is flled,within fifteen(15)deys after Trustor has nodce of the}Niny,secure the discharge d the
<br /> lien, pr H requested by Lender, deposit wkh Lender cash or a sWiiccient corporate surety bond or other secu�ity satlsfactory to Lender in an
<br /> amouM sufficient to discherge the lien plus any costs and attorneys'fees or other charges that could aaxue as a resuit ot a foredoswe or sele
<br /> under the lien. In any contest,Trustor shaN defend itself and Lender and shaN satisly eny adverse judgment before enMrcement a�aainst the
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