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If <br />2100001745. <br />n n <br />= D <br />M CA <br />/Iv^^l <br />vl <br />M <br />rn <br />O <br />n Cn <br />i <br />M <br />r) <br />A <br />(n <br />1 <br />C <br />2100001745. <br />n n <br />= D <br />M CA <br />/Iv^^l <br />vl <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 22, 2000, among MID -NEBR SPEEDWAY, INC.; A NEBRASKA <br />CORPORATION ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, <br />Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />United Nebraska Bank, whose address is 700 N. Webb, Grand Island, NE 68803 (referred to below as <br />"Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights royalties, and rofits relating to the real property includin <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real property ") located in HALL County, Mate of <br />Nebraska: <br />THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW1 /4SW1/4) IN SECTION THIRTY -FOUR <br />(34), TOWNSHIP TEN (10) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., HALL COUNTY, <br />NEBRASKA; EXCEPTING AND CERTAIN TRACT THEREFROM AS SHOWN IN WARRANTY DEED IN <br />BOOK 75, PAGE 403 IN THE REGISTER OF DEEDS OFFICE ALSO EXCEPTING AND CERTAIN TRACT <br />THEREFROM AS SHOWN IN CORPORATION WARRANTY DEED AS DOCUMENT 81- 000812 IN THE <br />REGISTER OF DEEDS OFFICE. <br />The Real Property or its address is commonly known as 9551 SOUTH LOCUST, DONIPHAN, NE 68832. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, tifie, and interest in and to all present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />interest in the Personal Property and Rents. <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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />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 <br />Deed 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, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />ALAk <br />P <br />.0N <br />G <br />O <br />n Cn <br />O <br />O --i <br />rn <br />1 <br />\( <br />O <br />p <br />_M <br />C <br />y <br />r71 <br />�� <br />o <br />r n <br />I—A <br />cn <br />D <br />� <br />Cz <br />.. �. <br />cl <br />1--+ <br />Cl) <br />._ <br />Cn <br />o <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 22, 2000, among MID -NEBR SPEEDWAY, INC.; A NEBRASKA <br />CORPORATION ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, <br />Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />United Nebraska Bank, whose address is 700 N. Webb, Grand Island, NE 68803 (referred to below as <br />"Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights royalties, and rofits relating to the real property includin <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real property ") located in HALL County, Mate of <br />Nebraska: <br />THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW1 /4SW1/4) IN SECTION THIRTY -FOUR <br />(34), TOWNSHIP TEN (10) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., HALL COUNTY, <br />NEBRASKA; EXCEPTING AND CERTAIN TRACT THEREFROM AS SHOWN IN WARRANTY DEED IN <br />BOOK 75, PAGE 403 IN THE REGISTER OF DEEDS OFFICE ALSO EXCEPTING AND CERTAIN TRACT <br />THEREFROM AS SHOWN IN CORPORATION WARRANTY DEED AS DOCUMENT 81- 000812 IN THE <br />REGISTER OF DEEDS OFFICE. <br />The Real Property or its address is commonly known as 9551 SOUTH LOCUST, DONIPHAN, NE 68832. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, tifie, and interest in and to all present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />interest in the Personal Property and Rents. <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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />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 <br />Deed 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, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />ALAk <br />P <br />.0N <br />G <br />