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12-23-1999 DEED OF TRUST Page 2
<br /> Loan No 1064120 (Continued) g 9 1 �216 3
<br /> to the amounts specified in the Note,all future amounts Lender in its discretion may loan to Trustor,t ether with all Interest thereon;however
<br /> in no e�rent shaA such future advances (excluding Int�est) exceed in the aggregate Z10,OOO.00. � lien of this Deed of Trus�
<br /> shall not exceed at any one tlme �100,000.00.
<br /> Lender. The wwd"Lendei'"means UNITED NEBRASKA BANK,its successors and essigns.
<br /> Note. The word"Note"means the Note dated December 23,t�ss,in the prinCipal amount of�90,OOO,p�iram Trustor to Lender,
<br /> together with ell renewals,extensions,modifications,refinancings,and substitutior�for the Note.
<br /> Peraond Property. The words "Personal Property" mean ail equipment, fixtures, and other a�ticles of personal property now or hsreafbar
<br /> owned by Trustor, and now or hereafter attached or affixed to the Real Property; together wfth all accessfons, paris, and additlona to, aN
<br /> replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation oll insurance
<br /> proc�eds and refunds of premiums)from any sale or other disposidon of the Property.
<br /> Property. The word"Properly"means collecHvely the Reai Property and the Personal Property.
<br /> Red Property. The wwds"Real Property"mean the property,Interests and rights described above in the"Conveyance and GranC'sectlon.
<br /> Rslated Documants. The words "Related Documents" mean and include without Nmitation all promissory notes, credit apreements, loan
<br /> agreemenis,environmentai agreemenis,guaranda5,security agreements,mortgages,deeds of trust,and aN other instruments,agreements and
<br /> documents,whether now or hereafter e�dsHng,executed in connection wlth the Indebtedness.
<br /> Rents. The word"Renis"means all present and future rents, revenues,income, issues,royelties, proflts,and other benefits derived trom the
<br /> Proparty.
<br /> Trustee. The word"Trustes"means UNITED NEBRASKA BANK and any substitute or successor trustees.
<br /> Trustor. The word"Trustor"means any and all perso�s and entities executing this Deed of Trust,including without IimitaHon all Trustors nemed
<br /> above.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN TFIE RENTS AND PERSONAL
<br /> PROPERTY,IS GIVEN TO SECURE (1)PAYMENT OF TF�INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
<br /> TRUSTOR UNDER THE NOTE, THE RElATED DOCUMENTS, AND TNIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE
<br /> ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECUiE ANY
<br /> AND ALL OBLIGATIONS OF TRUSTOR UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF
<br /> EYEN DATE HEREWITH. ANY EVENT OF DEFAILT UNDER TF� CONSTRUCTION LOAN AGREEMENT, OR ANY OF TtE RELATED
<br /> DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFALLT lM1DER THIS DEED OF TRUST. THE NOTE AND THIS
<br /> DEED OF TRU3T ARE GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMMICE. Except as othe�wise provided in this Deed of Trust,Trustor shall pay to Lender all amounts secured by this Daed
<br /> of Tnisf aa they become dw,and shaN strictly and in a tlmely manner perform eN of Trustor's oblipatlons under the Note,this Deed of Trust,and tha
<br /> Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shaN be qpverned by
<br /> the fdlowinq provisfons:
<br /> Possesslon and Uae. UntG the occurrer�e of an Event of Default,Trustor may (a)remain in possession and control of ttw PropKty, (b)use,
<br /> operate or manage the Property,and (c)collect any Renis from the Property.
<br /> Duty to Mdntain. Trustor shall maintain the Properly in tenantable condidon and promptly perform all repaks,replacert�ents,and maintenanoa
<br /> necessary to preserve its value.
<br /> F�aZardoua Substances. The terms"hazardous waste""hazardous substance,""disposal,""release,^and"threatened release"as uaed In this
<br /> Deed of Trust, shall have the same meenings as set forth in the Comprehensive Environmental Response, Compensafion, and Liabdiy Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthori7aHon Act of 1986, Pub. L. No.
<br /> 99-499("SARA'�,the Hezardous Materials Transportation Act,49 U.S.C. Section 1801,et seq.,the Resource Conservation and Recov�y Act,
<br /> 42 U.S.C.Section 6901,et seq.,or other appiicebie state or Federai Iaws,rules,or regulations adopted pursuant.to any of tha forepoinp. The
<br /> terms"hazardous waste"and"hazardous substance"shaN also indude,without limitation,petroleum and peholeum by-producis or any t�actlon
<br /> thereof and asbestos. Trustor represents and wanants to Lender that: (a)Durirq the period of Trustor's ownership of the Property,there has
<br /> bsen no use,generation,manufacture,stwage,treatment,disposal,release or threatened release of any hezardous waste or substance by any
<br /> person on,under,about w 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,generaHon,manufacture,storage,treatment,disposal,release,or threatened
<br /> release of any hazardous waste or substance on,under,about or irom the Property by any prior owners or occupants of the Property or (N)an
<br /> actual or threatened litigation or claims of any kind by any p�son relating to such matters; and (c) Except as previously dfsdosed to snd
<br /> adcnowledged by Lender in writing, (i) neither Trustor nor any tenant, contractor, agent or oth�authorized user of the Property shaN use,
<br /> generate,manufacture,store,treat,dispose of,or release any hazardous waste or substance on,under,about or trom the Property and (N)any
<br /> such activiiy shall be conducted in compliance with all applicable federal,state,and local laws, reyulatlons and ordina�,indudirp wkhout
<br /> limitadon those laws, regulations, and ordina� described ebove. Trustor authorizes Lender and its aflents to enter upon the Property to
<br /> make such inspections and tesis, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with tMc
<br /> section of the Deed of Trust. Any inspections or tesis made by Lender shall be for Lender's purposes onty and shaN not be cor�strued to cxeats
<br /> any responsibiliiy or liebilily on the part of Lender to Trustor or to any other per�on. The representallons and warranties contained horeln an
<br /> based on Trustor's due diligence in investigating the Propedy for hazardous waste and hazardous substar�ces. Trustor hereby (a)releases and
<br /> wai�res any future dalms against Lender(or indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any
<br /> such laws, and (b) agrees to indemnity and hold harmless lender egainst any and ail claims, losses, liabilities, damages, penalHes, and
<br /> e�enses which Lender may directly or indirecUy sustain or suffer resulting from a bre4 h of this secqop di the Deed oi Trust or as a
<br /> consequer�e of any use,generation,manufacture,storage,disposal,release or thraatened��lease df�halarGol�k waste or substance on ttw
<br /> properties. The provisions of this section of the Deed of Trust, including the obligadon to indemnify, shell survive the payment ot the
<br /> Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acqulsitlon of any
<br /> interest in the Propeity,whether by foreclosure or otherwise.
<br /> Nulsance,Waste. Trustor shall 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 limiting the generality of the foregoing,T�ustor will not remove,or grant to any other perty the
<br /> right to remove,any Umber,minerals(including oil and gas),sai,gravel or rock producis without the prior written consent of Lender.
<br /> Removd of Improvements. Trustor shall not demolish or remove any Improvements firom the Real Property without the prior written consent
<br /> of Lender. As a conditlon to the removal of any Im.provements, Lender may require Trustor to make arrangements saUsfactory to Lender fo
<br /> replace such improvements with Improvemsnts of at least equal value.
<br /> Lender's Rlpht to Enter. Lender and its agenfs and representatives 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 t�ms and conditions of this Deed of Trust.
<br /> Compliance with Govemmenial Requirements. Trustor shall promptly comply with all Iaws, ordinar�es,and requlations, now or hereafter in
<br /> effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Ame�icans With
<br /> Disabilldes Act. Trustor may contest in good faith any such Iaw, ordinance, or r�gulation and withhold compliance durinq any prooaedh�g,
<br /> including appropriate appeals, so long as Trustor has notified Lender in writing prior to dang so and so long as, In Lender's sole opinion,
<br /> Lender's interests in the Properly are not jeopardized. Lender may require Trustor to p�t adequate securiiy or a surety bond, reasonebly
<br /> 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 ail other acts,in addidon to those acts
<br /> set forth above in this section,which from the charact�and use of the Property are reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at its option,declere immediately due and payabie all sums secured by this Deed oi Truugtt
<br /> upon the sale or iransfer,without the Lender's prior written consent, of aH or any part of the Real Prope►ty,or any interest in the Real Properly. A
<br /> ^sele or transfer'tneans the conveyance of Reat Property or any right,dde or interest therein;whether legai,beneficial or equitable;whether vduntery
<br /> or invduntary;whether by ouhight sale,deed,installment sa�contract,land conhact,contract for deed,leesehdd interest with a term yreater than
<br /> three (3)years, lease-opHon contract, or by sale, assignment, or transf� of any beneficial interest in or to any land trust hdding t�le to the f�esl
<br /> Property, or by any oth�method of conveyance of Real Property interest. If any Trustor is a corporatlon,pa�tnership or limited Nabpity company,
<br /> transfer also indudes any chenge in ownership of more than twenty-five percent(25%)of the votlng stock, partnershlp interests or limlted MebilHy
<br /> company interests, es the case may be, of Trustor. However, this option shali not be exercised by Lender ff such exercise is prohibited by federal
<br /> law or by Nebraska law.
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