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<br /> 02-03-2000 DEED OF TRUST Page 2
<br /> Loan No 766296 2 0 0 0 O 101 fi (Continued)
<br /> OF ONE HUNDRED (100.0) FEET TO THE MOST SOUTHERLY CORNER OF LOT ONE (1) COMMERCIAL
<br /> INDUSTRIAL PARK SECOND SUBDIVISION, WHICH IS ALSO A POINT ON THE NORTHEASTERLY SIDE
<br /> OF LOT TWELVE (12) COMMERCIAL PARK SUBDIVISION; THENCE DEFLECTING LEFT 90°00' AND
<br /> RUNNING SOUTHEASTERLY ALONG AND UPON THE NORTHEASTERLY LINE OF SAID LOT TWELVE
<br /> (12), A DISTANCE OF ONE HUNDRED SEVENTY-THREE AND SEVEN TENTHS (173.7) FEET TO THE
<br /> SOUTHEASTERLY CORNER OF SAID LOT TWELVE (12) WHICH IS ALSO A POINT ON THE
<br /> NORTHWESTERLY RIGHT-OF-WAY LINE OF OLD HIGHWAY NO. 30; RUNNING THENCE
<br /> NORTHEASTERLY ALONG AND UPON SAID RIGHT-OF-WAY LINE OF OLD HIGHWAY NO. 30, BEING
<br /> ON A CIRCULAR CURVE OF 2,824.93 RFEET RADIUS, A DISTANCE OF ONE HUNDRED (100.0) FEET
<br /> TO THE POINT OF BEGINNING AND CONTAINING 0.40 ACRES, MORE OR LESS
<br /> The Real Property or its address is commonly known as 2716 W OLD HIGHWAY 30, GRAND ISLAND, NE
<br /> 68803.
<br /> Trustor presently assigns to Lender;(also known as Beneficiary in this Deed of Trust)all of Trustor's right, title,and interest in and to all present and
<br /> future leases of the Property and all Rents from the Property. In addition,Trustor grants Lender a Uniform Commercial Code security i��terest in the
<br /> Rents and the Personal Property defined below.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of
<br /> Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in
<br /> lawful money of the United States of America.
<br /> Borrower. The word"Borrower" means each and every person or entity signing the Note, including without limitation DENNIS G VANOSDALL
<br /> and ELECTRICAL CONTRACTORS,WC.
<br /> Guarantor. The word "Guarantor" means and includes without limitation any and all guarantors, sureties, and accommodation parties in
<br /> connection with the Indebtedness.
<br /> Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real Property.
<br /> Indebtedness. The word"Indebtedness"means all principal and interest payable under the Note and any amounts expended or advanced by
<br /> Lender to discharge obligations of Trustor or expenses incurred by Trustee or Lender to enforce obligations of Trustor under this Deed of Trust,
<br /> together with interest on such amounts as provided in this Deed of Trust. In addition to the Note, the word "Indebtedness" includes all
<br /> obligations, debts and liabilities, plus interest thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender
<br /> against Borrower, or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the
<br /> Note,whether voluntary or otherwise,whether due or not due,absolute or contingent,liquidated or unliquidated and whether Borrower may be
<br /> liable individually or jointly with others,whether obligated as guarantor or otherwise,and whether recovery upon such Indebtedness may be or
<br /> hereafter may become barred by any statute of limitations, and whether such Indebtedness may be or hereafter may become otherwise
<br /> unenforceable. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts
<br /> Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future advances (excluding
<br /> interest) exceed in tne aggregate $ioo,000.00. The lien of this Deed of Trust shall not exceed at any one time
<br /> $100,000.00.
<br /> Note. The word "Note" means the Note dated February 3,2000, in the principal amount of $23,605.74 from Borrower and any
<br /> co—borrowers to Lender,together with all renewals,extensions,modifications,refinancings,and substitutions for the Note.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br /> replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation 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 Property.
<br /> Real Property. The words"Real Property"mean the property,interests and rights described above in the"Conveyance and GranY'section.
<br /> Related Documents. The words "Related Documents" mean and include without limitation 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 existing,executed in connection with the Indebtedness.
<br /> Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
<br /> Property.
<br /> Trustor. The word'Trustor"means any and all persons and entities executing this Deed of Trust,including without limitation all Trustors named
<br /> above. Any Trustor who signs this Deed of Trust, but does not sign the Note, is signing this Deed of Trust only to grant and convey that
<br /> Trustor's interest in the Real Property and to grant a security interest in Trustor's interest in the Rents and Personal Property to Lender and is not
<br /> personally liable under the Note except as otherwise provided by contract or law.
<br /> THIS DEED OF TRUST, INCLUDING 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 IS GIVEN AND ACCEPTED
<br /> ON THE FOLLOWING TERMS:
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any"one action"or"anti—deficiency"law, or any other law which
<br /> may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for
<br /> deficiency,before or after Lender's commencement or completion of any foreclosure action,either judicially or by exercise of a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br /> this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of
<br /> Trust,and the Related Documents.
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