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<br />WHEN RECORDED MAIL TO: f ~'
<br />HOME STATE BANK `o N --j
<br />MAIN OFFICE
<br />P.O. BOX 429'w ~'
<br />218 MAIN ST
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<br />LOUISVILLE, NE 68037 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST D
<br />THIS DEED OF TRUST is dated February 27, 2001, among WHITEFRONT LODGE, A Nebraska Limited
<br />Liability Company, whose address is 12605 Fairview Court, Springfield, NE 68059; ( "Trustor "); HOME STATE
<br />BANK, whose address is MAIN OFFICE, P.O. BOX 429, 218 MAIN ST., LOUISVILLE, NE 68037 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary "); and William R. Reinsch, whose address is
<br />545 Main Street, Plattsmouth, NE 68048 (referred to below as "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 profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, State of
<br />Nebraska:
<br />THAT PART OF LOTS 1 AND 2, IN SECTION 22, TOWNSHIP 9 NORTH, RANGE 12 WEST OF THE 6TH
<br />P.M., LYING SOUTH OF INTERSTATE 80, HALL COUNTY, NEBRASKA
<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
<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 Rerus.
<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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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. Real Property and collect the Rents.
<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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make
<br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses
<br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness
<br />and the satisfaction of this Deed of Trust.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special 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 work done on or for
<br />services rendered or material 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 assessments not due and except as otherwise provided in this
<br />Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
<br />a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure and maintain comprehensive
<br />general liability insurance in such coverage amounts as Lender may request with
<br />Trustee. The word "Trustee" means William R. Reinsch, whose address is 545 Main Street, Plattsmouth, NE 68048 and any substitute or
<br />successor trustees. and Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain
<br />such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require.
<br />Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of
<br />insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10)
<br />days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will
<br />not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an area
<br />designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and
<br />maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood
<br />hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy
<br />limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of
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<br />HOME STATE BANK `o N --j
<br />MAIN OFFICE
<br />P.O. BOX 429'w ~'
<br />218 MAIN ST
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<br />LOUISVILLE, NE 68037 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST D
<br />THIS DEED OF TRUST is dated February 27, 2001, among WHITEFRONT LODGE, A Nebraska Limited
<br />Liability Company, whose address is 12605 Fairview Court, Springfield, NE 68059; ( "Trustor "); HOME STATE
<br />BANK, whose address is MAIN OFFICE, P.O. BOX 429, 218 MAIN ST., LOUISVILLE, NE 68037 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary "); and William R. Reinsch, whose address is
<br />545 Main Street, Plattsmouth, NE 68048 (referred to below as "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 profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, State of
<br />Nebraska:
<br />THAT PART OF LOTS 1 AND 2, IN SECTION 22, TOWNSHIP 9 NORTH, RANGE 12 WEST OF THE 6TH
<br />P.M., LYING SOUTH OF INTERSTATE 80, HALL COUNTY, NEBRASKA
<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
<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 Rerus.
<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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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. Real Property and collect the Rents.
<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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make
<br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses
<br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness
<br />and the satisfaction of this Deed of Trust.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special 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 work done on or for
<br />services rendered or material 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 assessments not due and except as otherwise provided in this
<br />Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
<br />a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure and maintain comprehensive
<br />general liability insurance in such coverage amounts as Lender may request with
<br />Trustee. The word "Trustee" means William R. Reinsch, whose address is 545 Main Street, Plattsmouth, NE 68048 and any substitute or
<br />successor trustees. and Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain
<br />such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require.
<br />Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of
<br />insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10)
<br />days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will
<br />not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an area
<br />designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and
<br />maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood
<br />hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy
<br />limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of
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