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7O ^ <br />r <br />V1 (A <br />a <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 24, 2000, among RUDOLF F PLATE, JEANNICE R PLATE, and TIM C <br />PLATE; HUSBAND AND WIFE AND AN UNMARRIED INDIVIDUAL ("Trustor "); United Nebraska Bank, whose <br />address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"); and United Nebraska Bank, whose address is 700 N. Webb, <br />Grand Island, NE 68802 (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 aff ved 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 Oroperty ") located in HALL County, Mate of <br />Nebraska: <br />LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10), <br />ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14), FIFTEEN (15), SIXTEEN (16), SEVENTEEN <br />(17), EIGHTEEN (18), NINETEEN (19), TWENTY (20), AND TWENTY ONE (21), IN WESTWOOD PARK FIFTH <br />SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Property or its address Is commonly known as ELMWOOD DRIVE AND FLEETWOOD ROAD, <br />GRAND ISLAND, NE 68803. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus Interest thereon, of <br />Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower .or any one or more of them, whether now <br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, <br />direct or indirect, absolute or contingent, liquidated or unliquidated and whether Borrower may be liable individually or jointly with others, whether <br />obligood as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts .may be or hereafter may become <br />barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified In the Indebtedness definition, and wMmd limitation, <br />this Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Borrower so long as Borrower <br />complies with all the terms of the Note. <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 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other Instrument binding upon Trustor and <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />o --a <br />n <br />r <br />'2--9 <br />N <br />`�.�. <br />CAD <br />M. <br />co <br />C.0 <br />O <br />>' ev <br />O <br />to <br />-�7 <br />�> <br />r <br />N <br />can <br />O <br />N <br />W <br />C J <br />..... <br />.�-r <br />Cn <br />, <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 24, 2000, among RUDOLF F PLATE, JEANNICE R PLATE, and TIM C <br />PLATE; HUSBAND AND WIFE AND AN UNMARRIED INDIVIDUAL ("Trustor "); United Nebraska Bank, whose <br />address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"); and United Nebraska Bank, whose address is 700 N. Webb, <br />Grand Island, NE 68802 (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 aff ved 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 Oroperty ") located in HALL County, Mate of <br />Nebraska: <br />LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10), <br />ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14), FIFTEEN (15), SIXTEEN (16), SEVENTEEN <br />(17), EIGHTEEN (18), NINETEEN (19), TWENTY (20), AND TWENTY ONE (21), IN WESTWOOD PARK FIFTH <br />SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Property or its address Is commonly known as ELMWOOD DRIVE AND FLEETWOOD ROAD, <br />GRAND ISLAND, NE 68803. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus Interest thereon, of <br />Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower .or any one or more of them, whether now <br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, <br />direct or indirect, absolute or contingent, liquidated or unliquidated and whether Borrower may be liable individually or jointly with others, whether <br />obligood as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts .may be or hereafter may become <br />barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified In the Indebtedness definition, and wMmd limitation, <br />this Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Borrower so long as Borrower <br />complies with all the terms of the Note. <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 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other Instrument binding upon Trustor and <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />