|
�2-27-1999 DEED OF TRUST Page 2
<br /> Loan No 1064690 (Continued) 9 9 112 2 5 0
<br /> together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. The matu�ity date of this Deed of Trust is
<br /> January 1,2003.
<br /> Personal Property. The words "Personal Prope�ty" mean all equipme�t, fixtures, and other aficles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or affoced to the Real Property; together with ali acxessions, parts, and additlo� to, eN
<br /> replacements of, and all substitutions for, any of such property; and together with all prxeeds (including without Iimitaiion all insuranoe
<br /> proceeds and refunds of premiums)from any sale or oth�disposition of the Property.
<br /> Property. The word"Property"means collecdvely the Real Property and the Personal Property.
<br /> Real Properly. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and Grant"sectlon.
<br /> Related DoCUments. The words "Related Documents" mean and include without limitatlon all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements,guaranties,security agreemenis,mortgages,deeds of trust,and ail other instrume�ts,egreements and
<br /> dxuments,whether now or hereafter existing,executed in eo�necHon with the Indebtedness.
<br /> Rents. The word"Ren1s"means all present and future rents,revenu�, income, issues, royalties, profits,and other beneflts 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 enHties executlng this Deed of Trust,including without limitatlon all Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTB AND PERSONAL
<br /> PROPERTY, 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 Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agreas that Trustor's possession and use of the Properiy shall be governed by
<br /> the following provisions:
<br /> Possession and Use. Unql the occurrence of an Event of Default,Trustor may (a)remain in possession and control of the Property, (b)use,
<br /> operate w manage the Properly,and (c)collect any Rents from the Property.
<br /> Duty to Maintaln. Trustor shall maintain ihe Property in tenantable condition and promptly perform ali repairs,replacements,and malntenence
<br /> necessary to preserve its value.
<br /> Hazardous Substances. The terms"hazardous waste,""hazardous substance,""disposal,""release,"and"threatened release,"as used in thls
<br /> Deed of Trust,shall have the same meanings as set forth in the Comprehensive Environmental Response,Compensatlon,and Liabflity Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthorizatlon Act of 1986, Pub. L. No.
<br /> 99-499("SARA'�,the Hazardous Mate�ials TransportaUon Act,49 U.S.C. Sectlon 1801,et seq.,the Resource Conservetlon and Recovery Act,
<br /> 42 U.S.C.Section 6901,et seq.,or other applicable state or Federai iaws,rules,or regulaBons adopted pursuent to any of the forepoing. The
<br /> terms"hazardous waste"and"hazardous substance"shail also include,without IimitaHon,petroleum and petroleum by-products or any fractlon
<br /> thereof and asbestos. Trustor represenis and warrants to I.ender that: (a)During the period of Trustor's ownership of the Properiy,there has
<br /> been no use,generatlon,manufacture,storage,treatment,disposal,release or threatened release of any hazardous waste or substance by any
<br /> person on,under,about or irom the Properiy; (b)Trustor has no knowledge of,or reason to believe that there has been,e�ccept as previously
<br /> disclosed to and acknowledged by Lender in writing, (i)any use,generation,manufacture,sto�age,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 relaHng to such matters; and (c) Except as previously disclosed to and
<br /> acknowledged by Lender in w�iting, (i) neither Trustor nor any tenant, contractor, agent or other authorized use� of the Property shail use,
<br /> generate,manufacture,store,treat,dispose of,or release any hazardous waste or substance on,under,about or from the Proparty and (il)any
<br /> such activity shall be conducted in compliance with all applicable federal,state, and local Iaws, regulations and ordinances, including without
<br /> limitation those laws, regulations, and ordinances described above. Trustor suthorizes Lender and its agents to enter upon the Properiy to
<br /> make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property wNh this
<br /> section of the Deed of Trust. Any inspections or tesis made by Lender shall be for Lender's purposes only and shall not be construed to cxeate
<br /> any responsibility or liability on the part of Lender to Trusto�or to any other person. The representations and warranties contained herein are
<br /> based on Trusto�'s due diligence in investigating the Property for hazardous waste and hazardous substarx�s. Trustor hereby (a)releases and
<br /> waives any future claims against Lender for indemniy ar contribution in the event Trustor becomes liable for cleanup or other costs under any
<br /> such laws, and (b) agrees to indemnify and hold harmless Lender against any and all claims, fosses, liabilities, damages, penaldes, and
<br /> expenses which Lender may directly or indirecHy sustain or suffer resulfing from a breach of this secGon of the D�d of Trust or as a
<br /> consequence of any use,generation, manufacture,storage, disposal,release or threatened release of a hazardous waste or substar�e 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 saNsfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lenders acquisition of any
<br /> inter�t in the Property,whether by foreclosure or otherwise.
<br /> Nuisance,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,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 Rlght to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable tlmes to attend to
<br /> Lender's interests and to inspect the Property for purposes 9f Trustor's compliance with the terms and conditions of this Desd of Trust.
<br /> Compliance wlth Govemmentd Requlrements. Trustor shall promptly comply with all laws,ordinances,and regulations, now or hereafter in
<br /> effect, of all governmental authorities applicable to the use or occupancy of the Property, including without Iimita8on, the Americans With
<br /> Disabilities Act. Trustor may contest in good faith any such Iaw, ordinance, or regulation and withhold complian� during any proc:eeding,
<br /> including appropriate appeals, so long as Trustor has notifred Lender in writing prior to doing so and so long as, in Lender's sole opinion,
<br /> Lender's interesis in the Property are not Jeopardized. Lender may require Trustor to post adequate secu�ity or a surety bond, reasonabiy
<br /> satisfactory to Lender,to protect Lender's interest.
<br /> Duiy 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 from the character and use of the Property ar�reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at its option,declare immediately duA and payable aIP 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,title or interest therein;whether legal,beneficial or equitable;whether vduntary
<br /> or involuntary;whether by ouMght sale, deed,installment sale conNact,Iand contract,contract for deed,leasehold int�est with a term greater than
<br /> three (3) years, lease-option contract, or by sale, assignment, or transf� 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 ilabiliry company,
<br /> trensfer also includes any change in ownership of more than twent�five percent(2596)of the voting stock, partnership interests or Umited liability
<br /> company interests,as the case may be,of Trustor. However, this option shail not be exercised by Lender if such exercise is prohibited by federal
<br /> law or by Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust.
<br /> Payment. Trustor shall pay when due(and in all events prior to delinquency)aA taxes, special taxes,assessments,charges(includinp water
<br /> and sewer), flnes and impositions levied against or on account of the Property, and shalt pay when due all cla(ms for work done on or for
<br /> services rendered or material furnished to the Property. Trustor shail maintain the Property free of all liens having prfority over or equal to the
<br /> interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due and except as othervvise provided in this Deed
<br /> of Trust.
<br /> Riqht To Contest. Trustor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the oblipation
<br /> to pay,so long as Lender's interest in the Prope�ty is not jeopardized. If a lien arises or is filed as a result of nonpayment,Trustor shaR within
<br />
|