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03-26-1998 DEED OF TRUST 9���3023 Page 2
<br /> Loan No 684290 (Continued)
<br /> Personal Property. The words "Personai Property" mean all equipment, fixxtures, and other articles of personal property now or hereafter
<br /> ovLned by Trustor, and now or hereatter attached or atPoced to the Real Property; together with all accessions, parts, and additions to, all
<br /> replacements of, and alt substituHons for, any of such property; and together with ali proceeds (including without limitation all insurance
<br /> proceeds and refunds of premiums)hom any sals or other disposi8on of the Property.
<br /> Property. The word"Property'means collectively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and Grant"section.
<br /> Related Documents. The words "Related Documents" mean and include without IimitaHon all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements,guaranties,security agreements,mortgages,deeds of trust,and all other instruments,agreements and
<br /> documents,whether now or hereafter extstlng,executed in connection with the Indebtedness.
<br /> Rents. The word"Rents"means aii present and future rents,revenues,income, issues,royalties, profits,and other beneflts de�ived trom 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 entities execuHng this Deed of Trust,including without limitation all Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, iNq.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. THIS DEED OF TRUST, INCLUDiNG THE
<br /> ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN TF�RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY
<br /> AND ALL OBLIGATIONS OF TRUSTOR UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF
<br /> EVEN DATE HEREWITH. ANY EVENT OF DEFAU.T UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED
<br /> DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAI�T UNDER THIS DEED OF TRUST. THE NOTE AND THi3
<br /> DEED OF TRUST ARE GIVEN AND ACCEPTED ON THE FOLLOWING TERM3:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in thfs Deed of Trusi,Trustor shall pay to Lender all amounts secured by this Deed
<br /> ot Trust as they become due,and shall stricBy and in a timely manner perform atl of Trustor's obligations under the Note,this Deed of Trust,and the
<br /> Related Documenis.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use oi the Property shall be governed by
<br /> the following provisions:
<br /> Possesslon end 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 fhe Property,and (c)collect any Rents irom the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in lenantable condition and promptly perform all repairs,replacements,end maintenance
<br /> necessary to preserve its value.
<br /> Hazardous Substances. The terms"hazardous waste,""hazardous substance,""disposal,""release,"and"threatened release,"as used in this
<br /> Deed ot 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 Reautho�ization 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 Conservation and Fiecovery 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,peiroleum and petroleum by-products or any fraction
<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 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,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 irom 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 authorized user of the Property shall use,
<br /> generate,menufacture,store,treat,dispose of,or release any hazardous waste or substance on,under,about or from the Property and (fi)any
<br /> such activity shall be conducted in compliance with all applicable federal,state, and local laws, regulations and ordinances, Including without
<br /> limitation those laws, regulations, and ordinances described above. Trustor authorizes Lender and its agents to enter upon the Property to
<br /> make such inspections and tests, at Truslor'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 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 conta(ned 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 fuiure 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 indemnity and hold harmless Lender against any and all clafms, 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 /> consequence of any use, generatlon, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or
<br /> interest in the Property,whether or not the seme was or should have been known to Trusior. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemniry, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this
<br /> Deed of Trust and shall not be affected by Lender's acquisition of eny interest in the Property,whether by foreclosure or oiherwise.
<br /> Nuisance,Waste. Trustor shall not cause,conduci 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 1he p�ior written consent of Lender.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements f�om the Real Property without the prior written consenl
<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 may 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 /> Compilance wifh Governmental Requirements. 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 limitation, the Americans With
<br /> Disabilities Act. Trustor may contest in good faith any such law, 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 opinion,
<br /> Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate secu�ity or a surety bond, reasonably
<br /> satisfactory io Lender,to protect Lender's interesi.
<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 ihis section,which from 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 dus and payable ali sums secured by this Deed o(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 Reai 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 for deed, leasehold interest with a term greater than
<br /> three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneflcial interest fn or to any land trust holding title to the Real
<br /> Property, or by any other method of conveyance of Real Property interest. 11 any Trustor is a corporatfon,partnership or limited Uability company,
<br /> transfer also includes any change in ownership of more than lwenty-five percent (25%) of the voting stock, partnership inierests or limited ifability
<br /> company interests, as ihe case may be, of Trustor. However, thfs option 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 io 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)ali taxes,special taxes, assessmenfs, charges (including water
<br /> and sewer), fines and impositions levied against or on account of ihe Properiy, and shall pay when due all claims (or work done on or for
<br /> services rendered or material furnished to the Property. Trustor shall maintafn 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 assessrr�ents not due and except as otherwise prov(ded in this Deed
<br /> of Trust.
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