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12-13-1999 DEED OF TRUST 9 9 1117 5 7 Pa9e 2
<br /> Loan No 1055698 (Continued)
<br /> togeth� with interest on such amounts as provided in this Deed of Trust. In addition to the Note, the word "Indebtedness" indudea eM
<br /> obligations, debts and liabilities, plus interest thereon, of Borrower to Lender, or any one or more of them, as well as all clafms by Lender
<br /> against Borrower, or any one or more of them,whether now e�dsting or hereafter arisinp, whether related or urKelated to the purpose of the
<br /> Note,whether voluntary or otheiwise,whether due or not due,absolute or continyent,Nquidated or unNquidated and whether Borrower may be
<br /> liable individually or jantly with others,whether obligated as puarantor or otherwise,and whether recovery upon such Indebtedness may be or
<br /> hereafter may become baned by any statute of limitations, and whetF�er such Indebtedness may be or hereafter may become otherwfse
<br /> unenforceable. (Initial Here )
<br /> Lender. The word"Lender"means UNITED NEBRASKA BANK,its successors and assigns.
<br /> Note. The word "Note" means the Note dated December 73, 1g�, in the principal amount of 531,500.00 irom Borrower to
<br /> Lender, together with all renewals, extensions, modificaHons, refinancings, and substituHons for the Note. The maturity date of this Deed of
<br /> Trust is June 13,2000.
<br /> Pertond Property. The words "Personal Property' mean aA equipment, flxtures, and other arifcles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or affoced to the Real Property; topether with aN aocessions, parts, and additlons to, aN
<br /> replacements of, and aB subsHtuHons for, any of such property; and togetFier with aA proceeds (includfnp wNhout Hmitatlon ell insurance
<br /> proceeds and refun�of premiums)irom any sale or other disposiNon of the Properiy.
<br /> Property. The word"Property"mean.s cdlectiv�y the Real Properly and the Personal Property.
<br /> Real Property. The words'Real Property"mean the properiy,interesis and righis described above in the"Conveyance and Grant"sectlon.
<br /> Related Documents. The words "Fieleted Documents" mean and inciude without Nmitation aN promissory notes, credit a�reements, loan
<br /> agreements,environmental agreements,guaranties,security a�reements,mortgages,desds of trust,and all otF�er instrumen�,a�reemenls and
<br /> documenis,whether now or hereafter existinp,executed in connection with the Indebtedness.
<br /> Rents. The word"Rents"means all present and future rents,revenues,income, fssues,royalties, protfiis, and other benefits derived irom fhe
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute or s�sor trustees.
<br /> Trustor. The word"Trustor'means any and aN persons and entities executlng this Deed of Trust,including without Nmifatlon aN Trustors named
<br /> above. My Trustor who signs this Deed of Trust, but does not sign the Note, is signirq this Deed of Trust only to grant and convey that
<br /> Trustor's inter�t in the Real Property and to qrant a security interest in Trustor's interest in the Rents and Personal Property to Lender and is not
<br /> personaily Nable under the Note except as othe►wise 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 /> PR�ERTY, IS GIVEN TO SECURE (1)PAYMENT OF TF�E INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGiATIONS OF
<br /> TRUSTOR UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br /> ON TFIE FOLLOWING TERMS:
<br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustw warrants 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 con8ict with,or result in a default under any agreement or other instrumeM bindinp upon Trustor and do not
<br /> resuft in a vidation of any law,requlation,court decree or order appHcable to Trustor; (d)Trustor has established adequate means of obtainin�irom
<br /> Borrower on a continulny basis information about Borrower's financial condition; and (e) Lender has made no representatlon to Trustor about
<br /> Borrow�(indudin�without limitation the a�ediiworthiness of Borrower).
<br /> TRUSTOR'S WAIVER3. Trustor waives aN rights or defenses arising by reason of any"one action"or"anti-deficiency'law,or any other law which
<br /> may preveM Lender trom bringing any action ageir�t Tr�tor,induding a daim for deficiency to the extent Lender is otherwise entitled to a daim far
<br /> deticiency,before or after Lender's commencement or compleUon of any faeclosure action,either judiciely or by exercise M a power d sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Borrower shaA pay to Lender aH Indebtedness secured by
<br /> this Deed of Trust es it becomes due,and Borrower and Trustor shall stricNy perform all their respecHve oblipelbns 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 possession and use ot the Property shaN be
<br /> governed by the following provisions:
<br /> Posseselon and Use. Until the oocurrence of an Event of DefauN,Trustor may (a)remain in possession and contrd of the Property, (b)use,
<br /> operate or manage the Property,and (c)coNect any Renis irom the Properiy.
<br /> Duty to Mdntaln. Trustor shaN m�ir►hiin the Property in tenentable condition and promptly perform ail repairs,replecements,and maintenance
<br /> necessary to preserve fis value.
<br /> Wazardous Substances. The terms"Iwserdous weste""hazardous substance""disposal""release"and"threatened rele4se,"as used in thfa
<br /> Deed of Trust,shaN heve the same meanings as set forth in the Comprehensive Environmental Response,Compensatlon,and LiabiNty Act of
<br /> 1980, as amended, 42 U.S.C. SecHon 9601, et seq. ("CERCLA'�, the Superfund Amendments and ReouthorizaUon Act of 1986, Pub. L No.
<br /> 99-499("SARA'�,the Hazardous Maierials Transportadon Act,49 U.S.C. Sectlon 1801,et seq.,the Resourca Conservadon and Recovery Act,
<br /> 42 U.S.C.Secdon 6901,et seq.,or other applicable state or Federal laws,rules, or repulaHons adopted pursuant fo any of the forepdrp. The
<br /> terms"hozardous waste"and"hezardous substance"shaH also include,without Nmitetion,petroleum and petroleum by-produci�or any Iractlon
<br /> thereof and asbest�. Trustor represents and warrants to Lender that: (a)During the period of Trustor's ownership of the Property,there has
<br /> been no use,generaHon,manufacture,storage,treatment,disposal,release or threatened release of any hazardous waste or substance by any
<br /> person on,under,about or irom the Property; (b)Trustor has no knowledge of,or reason to believe that there has been,except as previously
<br /> disclosed to and ecknowledged by Lender in writing, (i)any use,generation,manufacture,storage,treatment,disposal,release, or threatened
<br /> release of any hazardous waste or substance on,undeir,about or irom the Properiy by any prior owners or occupanis of the Property or (li)arry
<br /> actual or threatened litigation w claims of any kind by any person relaUng to such ers; q� )�# as previously d�dosed to and
<br /> acknowledged by Lender in writing, (i) neither Trustor nor any tenant, contractor,�or�3t��i�t��.user of the Property shaN use,
<br /> yenerate,manufacture,store,treat,dispose of,a release any hezardous waste or substarxe on,under,about or irom the Property and (ii)arry
<br /> such activity shaA be conducted in compiiance wNh eN applicable federal,state, and local laws,regulatlons and ordinanoes, indudiny witFwut
<br /> NmitaHon those laws, repuletions, and ordine� described above. Trustor authorines Lender and its apents to enter upon the Property to
<br /> make such inspecBons and tests, at Trustor's expense, as Lender may deem eppropriate to determine complience of the Property with this
<br /> secHon of the Deed of Trust. Any inspectlons or tests made by Lender stwN be for i.ender's purposes only and shaN not be construed to create
<br /> any respo�ibGfiy or liabiliiy on the part of Lender to Trustor or to any other person. The representaBw�s and wananHes contained herein are
<br /> based on Trustor's due diligence in investigaHng the Property for heza�dous waste and hazardous substances. Trustor hereby (a)releases and
<br /> waives any future clairr�against Lender for indemnity or contribution in the eveM Trustor becomes Ifable for deanup or other costs under any
<br /> such laws, and (b) aqrees to indemniy and hold harmless Lender agai�t eny and aA claima, losses, Ifabilities, damages, penaltiet, and �
<br /> experues which Lender may directly or indirectly sustain or suffer resul4ng hom a breach of this section of the Deed of Trust or as a �
<br /> consequence of any use,generation, manufacture,storege, disposal,release or threatened release of a hazardous waste or substance on the
<br /> properties. The provisions of this section of the Deed of Trust, induding the obligation to indemnNy, shaN suMve the payment of the
<br /> Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shaii not be effected by Lender's acquisidon of any
<br /> interest in the Properiy,whether by foreclosure or otherwise.
<br /> Nuisance,Waste. Trustor shall not cause,conduct or permit any nuisance nor comml#,permit,or suffer any strippiny of or waste on or to the
<br /> Propeity or any portion of the Properiy. Without limiting the generality of the foregang,Trustor will not remove,or grant to any olher party the
<br /> right to remove,any dmber,minerals(including oil and pas),sal,pravel or rock products without the prior w�itten consent of Lender.
<br /> Removd of Improvements. Trustor shaN not demdish or remove any Improvements from the Real PropeAy wRhout the p�ior written consent
<br /> of Lender. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br /> replece such Improvemenis with Improvements of at least equal value.
<br /> Lender's Ri�ht to Enter. Lender and its agenls and representativa5 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 conditions of this Deed of Trust.
<br /> Complience with Govemmental Requirements. Trustor shall promptly comply with all laws,ordinences,and repuladons,now a hereait�er In
<br /> effect, of all governmental authoritles applicabie to the use or occupancy of the Property, including withoW Rmitatlon, the Americans With
<br /> Disabilitles Act. Trustor mey contest in good faith any such lew, ordinance, or regulation and withhdd compliance durinp any procee�ng,
<br /> induding eppropriate appeals, so long as Trusta has notified Lender in writing prior to doing so and so lorp as, in Lender's sole oplr�on,
<br /> Lender's int�ests in the Prope�iy are not jeopardized. Lender may require Trustor to post adequate security or a surely bond, reasonebly
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