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03-26-1998 DEED OF TRUST 9Q_ 1�3a1►•� Page 2
<br /> Loan No 684084 (Continued) C7
<br /> 'cosigners to Lender,together with all renewals,extensions,modifications,refinencings,and substitutions for the Note. The maturity date of thfs
<br /> Deed of Trust is March 26,2002.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other a�t(cles of personal property now or hereafter
<br /> owned by Trustor, and now or hereaRer attached or a(fixed to the Real Property; together with all accessfons, parts, and additions to, all
<br /> replacements of, and all substitutions for, any of such property; and together with all prxeeds (including without Iimitation 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 Properly.
<br /> Real Property. The words"Reai Property"mean the property,interests and rights described above in the"Conveyance and Grant"secNon.
<br /> Related Documenis. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> ag�eements,environmental agreements,guaranties,security agreements, mortgages,deeds of trust,and all other instrumenis,agreements and
<br /> documents,whether now or hereaffer existing,executed in connectlon with the Indebtedness.
<br /> Rents. The word"Ren1s"means all present and future rents,revenues, income, issues,royalties, profits,and other benefits derived irom the
<br /> Property.
<br /> Trustee. The word"Trustee"means UNITED NEBRASKA BANK and any substltute or successor trustees.
<br /> Trustor. The word"Trustor"means any and all persons and entitfes executing this Deed of Trust,including without limitation all Trustors nemed
<br /> above.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURiTY INTEREST IN THE RENTS AND PERSONAL
<br /> PROPERTV, 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 thfs Deed of Trust,Trustor shall pay io Lender all amounts secured by this Deed
<br /> of Trust as they become due,and shall stricdy and in a Nmely manner periorm all of Trustor's obligattons under the Note,this Deed of Trust,and the
<br /> Related 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)remain in possession and control of the Property, (b) use,
<br /> operate or manage the Property,and (c)collect any Rents from ihe Property.
<br /> Duty to Maintaln. Trustor shall maintafn the Property in tenantable condition and promptly perform all repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> Hazardous Subsfences. The ierms"hazardous waste,""hazardous substance,""disposel,""release,"and"fhreatened release,"as used In this
<br /> Deed of Trust, shall have the same meanings as set fonh in the Comprehensive Environmental Response, Compensation,and Liebility Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Fieauthorization Act of 1986, Pub. L. No.
<br /> 99-499("SARA'�, the Hazardous Materials Transportation Act,49 U.S.C. Section 1801,et seq.,the Resource Conservatfon and Recovery Act,
<br /> 42 U.S.C. Section 6901,et seq., or other applicable state or Federal laws,rules, or regutations adopted pursuant to any of the foregoing. The
<br /> terms"hazardous waste"and"hazardous substance"shall also Include,without flmitation,petroleum and petroleum by-products or any fraction
<br /> thereoi and asbestos. Truslor rep�esents 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 there has been,except as previously
<br /> disclosed to and acknowledged by Lender in writing, (i)any use,generation, manufaciure,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 f�om the Properiy and (fi)any
<br /> such activity shall be conducted in compliance wiih all appflcable federal,state, and local laws, regulations and ordinances, including without
<br /> limitation those laws, regulatfons, 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 lests 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 herefn 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 tuture claims against Lender for indemnity or contribution in the event Trustor becomes liable tor cleanup or other costs under any
<br /> such laws, and (b) agrees to indemnify and hold harmless Lender against any and all clalms, losses, liabilities, damages, penalties, and
<br /> expenses which Lender may directly or indirectly sustain or suffer resulting (rom a breach of this section of the 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 the Property,whether or not the same was or should have been known to Trustor. The provisfons of this section o(the Deed of Trust,
<br /> including the obligation to indemnify, shall survive ihe payment of the Indebtedness and ihe setisfaciion and reconveyance of ihe Ifen of this
<br /> Deed of Trust and shall not be affected by Lender's acquisition of any interest tn the Properfy,whether by foreclosure o�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,Trustor w(II not remove,or grant to any other party the
<br /> right 10 remove,any timber,minerals(including oil and gas),soil,gravel or rxk products without ihe prior written consent ot Lender.
<br /> Removal ot Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior wriRen 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 Righ! to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to
<br /> Lender's inieresis and to inspect the Property for purposes of Trustor's compliance with the terms and condiiions of this Deed of Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances,and regulations, now or hereaffer in
<br /> effect, of all governmenial suthorities applicable to the use or occupancy of the P�operty, including without limitaiion, the Americans With
<br /> Disabilities Act. Trustor may contest in good faith any such Iaw, ordinance, or regulation and withhold compliance during any proceeding,
<br /> including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinlon,
<br /> Lender's interests in ihe Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably
<br /> satistactory io 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 secNon,which(rom the character 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,declare immediately due and payable all sums secured by lhis Deed of Trust
<br /> upon the sele or transfer, without the Lender's prior written consenf, of all or any pa►t 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 voluntary
<br /> or involuntary;whether by outright sale,deed,installment sale contract,Iand contract,contract(or dsed, 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 ot conveyance of Real Property interest. If any Trustor fs a corporation,partnership or Iimited liability company,
<br /> transfer also includes any change in ownership of more than lwenty-five percent (25%) of the voting stock, partnership interests or limited liability
<br /> company interests, as the case may be, of Trustor. However, this option 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 texes and liens on the Property are a pa�t of this Deed of Trust.
<br /> Payment. Trustor shall pay when due (and in all events prior to delinquency)all taxes, speciai taxes, 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 worlc done on or for
<br /> services rendered or materiai 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 assessmenis not due and except as otherwise provided in this Deeci
<br /> of Trust.
<br /> Right To Contest. Trustor may wiihhold payment ot any iax,assessment, or clalm in conneciion with a good faifh dispute over the obligation
<br /> to pay,so long as Lender's inierest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment.Trustor shall wtthjn
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