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o3-t9-1998 DEED OF TRUST nQ� Page 2
<br /> Loan No 682195 (Continued) '0 1Q�,�19
<br /> March 15,2D03.
<br /> Pefsonal Property. The words "Personal Property" mean all equipment, fixtures, and olher articles of personal property now or hereaRer
<br /> owned by Trustor, and now or hereaRer altached or affixed to the Reai Property; together with all accessions, parts, and addiiions to, all
<br /> replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limiiation all insurance
<br /> proceeds and refunds of premiums)(rom any sale or other disposition of the Property.
<br /> Property, The word"Property"means collectively the Real Property and the Personal Property. :
<br /> Real Property. The words"Real Prope�ty'mean the property,interests and rights described above in the"Conveyance end Grant"section.
<br /> Related Documents. The words "Releted Dxuments" mean and include without limitetion all promissory notes, credit agreements, loan
<br /> agreements,environmentel agreements,guaraniies,secu�iiy agreements,mortgages,deeds of trust,and all other instruments,agreements and
<br /> documents,whether now or hereafter exisNng,execWed in connection with the Indebtedness.
<br /> Rents. The word"Rents"means ail present and future rents,revenues, income, issues,royalHes, profits, and other benefiis derived from the
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASKA BANK and any substitute or successor trustees.
<br /> Trusto�. The word"Trustor"means any and all persons and entities executlng this Deed of Trust,including without limitatfon all Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INC�UDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS 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. TMIS 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 Le�der all amounts secured by this Oeed
<br /> of Trust as they become due,and shall sMctly and in a timely manner perform all of Trustor's obligations under the Note,this Deed of Trust,and fhe
<br /> Reiated Documents.
<br /> POSSESSION AND MAINTENANCE OF THE 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)remafn in possession and control of the Properfy, (b)use,
<br /> operate or manage the Property,and (c)collect any Rents from the Property.
<br /> Duty to Mafntain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> Hazardous Substances. The terms"hazardous waste,""hazardous substance,""disposal,""release,"and"threatened release,"es 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 emended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorizatfon Aci of 1986, Pub. L. No.
<br /> 99-499("SARA"), the Hazardous Materials Transportation 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 Federal 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 pet�oleum by-products or any fracUon
<br /> thereot 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 threatened 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 ihere 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 o(any hazardous waste or substance on,under,about or from the Properfy by any prior owners or occupants of the Property or (ii)any
<br /> acival or threatened litigaiion 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 from the Property and (ii)any
<br /> such activity shall be conducted in compliance with all applicable federal,state, and local Iaws, regulatlons and urdlnances, 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 i�spections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with lhis
<br /> sectfon of the Deed oi Trust. Any inspections or iests made by Lender shall be for Lender's purposes only and shall not be construed to create
<br /> any responsibility or liability 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 diligence in investigating the Property for hazardous waste and hazardous substances. Trustor hereby (a)releases and
<br /> waives any(uture 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 indemnify 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 ihe Deed of Trust or as a
<br /> consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or
<br /> interest in ihe Property,whether or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trusl,
<br /> including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the Ifen of this
<br /> Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,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 porlion of ihe Prope�ty. Without limiting the generality of the foregoing,Trustor will not remove, or grant to any other parfy ihe
<br /> right to remove,any timber, minerals(including oil and gas),soil,gravel or rock products without the prior written consenl of Lender.
<br /> Removal of Improvements. Trusior shall not demolish or remove any Improvements from the Real Property wiihout the prior written consent
<br /> ot 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 times to attend to
<br /> Lender's interests and io inspect the Property for purposes of Trustor's compliance with the ierms and conditions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all laws,ordinances,and regulations, now or hereafter in
<br /> eifect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good faith any such law,
<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 Prope�ty. Trustor shall do all other acts,in addition to those acis
<br /> set forlh above fn this section,which from the character and use of the Property are reasonably necessary to protect�nd p�eserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured 6y this Deed of Trust
<br /> upon the sale or transfer, withoui 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;wheiher voluntary
<br /> or involuniary; whether by outright sale, deed, installment 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 iransfer of any beneficial interest in or to any land trust holding title io the Real
<br /> Properfy, or by any other method of conveyance of Real Property interest. If an�Trustor fs a corporation, partnership or limited liability company,
<br /> transfer also includes any change in ownership of more than twenty-five percent(2596) of ihe voting stock, partnership Interests or limited liability
<br /> company interests, 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 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 shal� pay when due (and in ali events prior to delinquenCy)atl taxes,special iaxes, assessments,charges(inciuding water
<br /> and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all ctaims for work done on or for
<br /> services rendered or material furnished to the Property. Trustor shall maintain the Prope�ty free of all liens having priority over or equal to the
<br /> interest of Lender under Ihis Deed of Trust,except for the lien of taxes gnd assessments not due,except for the existing indebtedness referred
<br /> to below,and except as otherwise provided in this Deed of Trust.
<br /> Right To Contest. Trustor may withhold payment of any tax,assessment, or claim in connection with a good faith dispute over the obligation
<br /> to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,Trustor shall within
<br /> flfteen (15)days aNer the lien arises or, if a lien is filed,within flfteen(15)days after Trustor has notice of the filing,secure the disCharge of the
<br /> lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
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