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��-10-1999 DEED OF TRUST Page 2
<br /> Loan No 1041052 (Continued)
<br /> Lender. The word"Lender"means UNITED NEBRASKA BANK,its successors and assigns.
<br /> Note. The word"Note"means the Note dated November 10,19�,in the principal amount of s15,091.00 from Trustor to Lender,
<br /> together wfth all renewals,extensions,modifications,refinancings,and substitutions for the Note. The maturity date of this Deed of Trust is May
<br /> 16,2000.
<br /> Personal Property. The words "Personal Property" mean all 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 acxessions, parts, and additions to, all
<br /> replacements of, and all substitutions for, any of such property; and together with all proc�eds (including without limitation all insurance �
<br /> proceeds and refunds of premiums)from any sale or other disposition of the Property.
<br /> Property. The word"Property"means collectively the Real Property and the Personal Property. �"�
<br /> Real Properly. The words"Real Property"mean the property,interesis and rights described above in the"Conveyance and Grant"section. ~
<br /> F�►
<br /> Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreemenis, loan �
<br /> agreements,environmental agreements,guaranties,security agreemenis,mortgages,deeds of trust,and all other instruments,agreements and Q
<br /> documents,whether now or hereafter e�dsting,executed in connection with the Indebtedness.
<br /> Rents. The word "Rents"means all present and future rents,revenues, income, issues,royalties, profits, and other benefits derived from the `�
<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 euecuting this Deed of Trust,including without limitation all Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE HENTS AND PERSONAL
<br /> PROPEHTY, IS GIVEN TO SECURE (1)PAYMENT OF THE INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
<br /> TRUSTOR UNDER THE NOTE,THE 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 shall pay to Lender all amounts secured by this Deed
<br /> of Trust as they become due,and shall strictly and in a timely manner perform all of Trustor's obligations under the Note,this Deed of Trust,and the
<br /> Related Documenis.
<br /> POSSESSION AND MAINTENANCE OF TFIE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by
<br /> 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 from the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and prompBy perform all repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> Flazardous Substances. The terms"hazardous waste,""hezardous substance,""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-d99("SARA'�, the Hazardous Materials TransportaHon 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 Federai laws,rules,or regulations adopted pursuant to any of the foregoing. The
<br /> terms"hazardous waste"and"hazardous substance"shall also include,without limitation,petroleum and petroleum by-products or any iraction
<br /> thereof and asbestos. Trustor represents and warrants to Lender that: (a)During the period of Trustor's ownership of the Property,there has
<br /> been no use,generation,manufacture,storage,treatment,disposal,release or thr�tened release of any hazardous waste or substance by any
<br /> person on,under,about or from the Property; (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,generation,manufacture,storage,treatment,disposal,release,or threatened
<br /> release of any hazardous waste or substance on,under,about or from the Property by any prior owners or occupants of the Property or (ii)any
<br /> actual or threatened litigation 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 writing, (i) neither Trustor nor any tenant, contractor, agent or other suthorized user of the Property shall use,
<br /> generate,manufacture,store,treat,dispose of,or release any hazardous waste or substance on,under,about or irom the Property and (ii)any
<br /> such activity shall be conducted in compliance with all applicable federal,state,and local laws, regulaHons and ordinances, including without
<br /> limitation those Iaws, regulations, and ordinances described above. Trustor authorizes Lender and its agents to enter upon the Property 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 shall be for Lender's purposes oniy and shall not be construed to create
<br /> any responsibility or tiability on the part of Lender to Trustor or to any other pe►son. The representations and warranties contained herein are
<br /> based on Trustor's due diligence in investlgating the Property for hezardous 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 indemni(y and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and
<br /> expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
<br /> consequenca of any use,generation, manufacture,storage,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, including the obligation to indemniry, shall survive the payment of the
<br /> Indebtedness and the safisfaction 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 Property,whether by foreclosure or otherwise.
<br /> Nuisance,Waste. Trustor shall not cause,conduct or pe�mit 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 limiting the generality of the foregoing,Trustor will not remove,or grant to any other party the
<br /> right to remove,any timber,minerals(including oil and gas),soil,gravel or rock products without the prior written consent of Lender.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior 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 /> replace such Improvements with Improvements of at least equal value.
<br /> Lender's Right to Enter. Lender and its agents and representatives mey enter upon the Real Property at all reasonable times 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 /> Compllance with Govemmental Requirements. Trustor shall promptly comply with all Iaws, ordinances,and regulations, now or hereafter in
<br /> effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good faith any such Iaw,
<br /> ordinance,or regulation and withhold compliance during any proceeding,including appropriate appeals,so long as Trustor has notified Lender
<br /> in writing prior to doing so and so long as,in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts,in addition to those acts
<br /> set forth above in this section,which irom the character and use of the Property are reasonably necsssary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at its option,declare immediately due and payable all sums secured by this 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 /> "sale or transfer"means the conveyance of Real Property or any right,tide or interest therein;whether legal,beneficial or equitable;whether voluntary
<br /> or involuntary;whether by outright sale,deed,instaliment sale contract,land contract,contract for deed,leasehold interest 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 holding title to the Real
<br /> Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation,partnership or limited liability company,
<br /> transfer also includes any change in ownership of more than iwenty-five percsnt(25%)of the voting stock, partnership interesis or limited liability
<br /> company interesis,as the case may be, of Trustor. However,this opHon shall not be exercised by Lender if such exercise is prohibited by federal
<br /> law or by Nebraska Iaw.
<br /> TAXES AND LIENS. The following provisions relating to the texes and liens on the Property are a part of this Deed of Trust.
<br /> Peyment. Trustor shall pay when due (and in all events prior to delinquency)all taxes,special texes, assessments,charges(including water
<br /> and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for
<br /> services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the
<br /> interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due,except for the existing indebtedness referred
<br /> to below,and except as otherwise provided in this Deed of Trust.
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