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200006833 n M (1 �v M T C CA cn n n 2 D M (A C7 2 0 TItUST C=) W 't 7 r x.. t. v N C_ n 0 (7) Cn O —4 c M ja L'_3 r :a CD N 0 C=) 0 C::) rn CID W THIS DEED OF TRUST, is made as of the 1 st day of August, 2000, by and among Marvin L. Kubert and Evonne L. Kubert, husband and wife, ( "Trustor "), whether one or more, whose mailing address is 306 West 10' Street, Wood River, Nebraska 68883; Michael J. McQuillan, a memer of the Nebraska State Bar Association ( "Trustee "), whose mailing address is P. O. Box 478, Ogallala, Nebraska 69153; and William D. Fairbanks, ( "Beneficiary"), whether one or more, whose (nailing address is 10600 Polo Plate, Cheyenne, Wyoming 82009. FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, the real property, located in the County of Hall, State of Nebraska, described below: A tract of land comprising a part of the Southwest Quarter (SW' /4) of Section Fourteen (14), Township Ten (10) North, Range Twelve (12) West of the 6th P. M., Hall County, Nebraska, and more particularly described as follows: Beginning at the Southeast corner of said Southwest Quarter (SW' /4); thence Westerly along and upon the South line of said Southwest Quarter (SW' /4), a distance of 1,834.5 feet; thence deflecting right 90 °00'00" and running northerly, a distance of 410.0 feet; thence deflecting right 90 °00'00" and running easterly, parallel with the south line of said Southwest Quarter (SW' /4), a distance of 514.5 feet; thence deflecting right 90 °00'00" and running southerly, a distance of 154 feet; thence deflecting left 90 000'00" and running easterly, parallel with the south line of said Southwest Quarter (SW' /4), a distance of 1,320.24 feet to a point on the east line of said Southwest Quarter (SW' /4); thence southerly, along and upon the east line of said Southwest Quarter (SW' /4), a distance of 256 feet to the point of beginning and containing 12.601 acres, more or less, of which 1.390 acres, more or less, is presently occupied by public road right of way. TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property (collectively the "rents "), all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title and interest of Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the Property owned or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in the Property, all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto, all water rights, all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right -of -way of any street or highway adjoining the Property, and any and all alleys and strips and tracts of land adjacent to or used in connection with the Property, any and all buildings and improvements now or hereafter erected thereon, including, but not limited to, the fixtures, attachments, appliances, equipment, machinery, and other articles attached to such buildings and improvements (the "Improvements "), and all the right, title, interest or other claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Trust Estate, including without limitation any awards resulting from a change of grade of streets and awards for severance damages. The entire estate, property and interest hereby conveyed to Trustee may hereafter be referred to as the "Trust Estate ". This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby is hereafter referred to collectively as the "Loan Instruments ". FOR THE PURPOSE OF SECURING: a. Payment of indebtedness in the initial amount of $45,000.00 with interest thereon, as provided by that certain Promissory Note of even date herewith (the "Note ") with a maturity date or final installment payment date of August 1, 2007, executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is hereby made a part hereof, and any and all modifications, extensions and renewals thereof, and b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the same rate as provided by the Loan Instruments. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. Payment of Obligation. To make any and all payments, including installment payments, of principal and interest, according to the terms of the Note, and including all charges, fees and other sums as provided in the Loan Instruments. 2. Maintenance and Compliance with Laws. To keep the Trust Estate in good condition and repair; not to remove, demolish or substantially alter (except such alterations as may be required by laws, ordinances or regulations) any of the Improvements; to promptly restore in a good and workmanlike manner any Improvement which may be damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, to comply with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part thereof or requiring any alterations or improvements; not to commit or permit any waste or deterioration of the Trust Estate, not to commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation, and to pay and promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Trust Estate or any part thereof. 3. Required Insurance. To provide, maintain and keep in force at all times fire and extended coverage insurance against loss or damage to the Improvements. Such insurance policies shall contain a loss payee clause in favor of the Beneficiary and shall not be cancelable or terminated without fourteen (14) days prior written notice to Beneficiary. Evidence of such insurance shall be provided by Trustor upon request in an amount not less than the unpaid balance due under the loan instruments. After the occurrence of any casualty to the Trust Estate or any part thereof, Trustor shall give prompt written notice thereof to Beneficiary. In the event of any damage or destruction of the Improvements, Beneficiary shall have the option in its sole discretion of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Beneficiary may determine, or (ii) to restoration of the Improvements or (iii) to Trustor. 4. Taxes and Impositions. To pay and to provide Beneficiary paid receipts of, at least 10 days prior to delinquency, all real property taxes and assessments, general and special, and all other taxes and assessments of any kind or nature whatsoever, which are assessed or imposed upon the Trust Estate, or become due and payable, and which create, may create or appear to create a lien upon the Trust Estate, or any part thereof, (all of which taxes, assessments and other governmental and non - governmental charges of like nature are hereinafter referred to as "Impositions "). m C CD CD r-+ Z 0 lS� S