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<br />WHEN RECORDED MAIL TO: ca 0
<br />United Nebraska Bank 2 0 0 1 0 8 3 1 93
<br />5
<br />Grand Island Office
<br />PO Box 5018
<br />Grand Island, NE 68802 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated August 10, 2001, among Gregory L Rerucha and Lisa L Rerucha, whose
<br />address is 1901 W Louise St, Grand Island, NE 68803 ( "Trustor "); United Nebraska Bank, whose address
<br />is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender"
<br />and sometimes as "Beneficiary "); and United Nebraska Bank, whose address is 700 N. Webb, Grand Island,
<br />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 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 />Parcel 1: Lot One (1) and the Easterly Twelve (12) feet of Lot Two (2), in Block Fifty Two (52), in charles
<br />Wasmer's Third Addition to the city of Grand Island, Hall County, Nebraska. Parcel 2: Fractional
<br />Lot Two (2), Fractional Block Forty (40), Morrill's Addition to the City of Grand Island, Hall County,
<br />Nebraska, and its complement, Fractional Lot Two (2), Fractional Block Forty
<br />Eight (48), of Subdivision of Block Forty Eight (48) and Forty Nine (49), of Wasmer's Third Addition to
<br />Grand Island, Hall County, Nebraska and Lot One (1), in Fractional Block Forty Eight (48), in Subdivision
<br />of Blocks Forty Eight (48) and Forty Nine (49) of Wasmer's Third Addition, Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or its address is commonly known as 1901 W. Louise and 2205 W. John, Grand Island,
<br />NE 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
<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 good condition and promptly perform all repairs, replacements, and maintenance
<br />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 />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
<br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and
<br />rh® ;aAfasflan and rocontl yang of ft lion of Ihf�- Ned of Tru? I wid Oall h6I 6o gf(66{tid by bmder's acquisition of any Interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
<br />the Rbpo -dy of any pOrtton flt the Ptopedy. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other
<br />
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