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'S i •l: ;i • .•pil;�ti t • ACKNOWLEDGEMENT OF DEED OF TRUST TRUSTOR READ THIS BEFORE SIGNING: .9477 107053 Trustor understands that the document that Trustor Is about to execute Is a Deed of Trust and not a mortgage and that the power of sale provided for in the Deed of Trust provides substantially different rights and obligations to Trustor than a mortgage In the event of a default or breach of obligation under the Deed of Trust, Including, but not limited to, the Lender's right to have the Property sold by the Trusts without any judicial proceeding. Trustor represents and warrants that this acknowledgement was executed by Trustor before the execution of the Deed of Trust. Buc r cuing a St • r In A Nebraska Corporation wr -- • - - - BYt ( ormsn 13uak. Trustor president)"�� Trustor DEED OF TRUST WITH FUTURE ADVANCES THIS DEED OF TRUST, is made as of the 7th day of December 119-22— by and among the Trustor, Buck is MOVinQ & Storage. Inc. n Nebraska Corporation whose mailing address is P a Rnx 1207 r araUa jai A A, HIP ARIFIn2_11f er7ein "Trustor;' whether one or more), the Trustee, Five Points Hank A Nebraska Banking Corporation whose mailing address Is P o Bnx 1507, Granr1 Island, 2ff 6813 2 -1507 (herein "Trustee'), and the Beneficiary, E43m v-`- - ....> ras-ka Banving_1:erpatra►tionn . whose mailing address is p O Box 1507 Grand Island. NE 68802 -1507 (herein "Lender'). FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Bunk i 9 Mgviny & storage r Inc, . a Nebraska Corporation (herein "Borrower ", whether one or more) 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 Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows: The real property set forth on "Exhibit A" attached hereto and trade a part hereof by reference. Together with all buildings, Improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurte- nances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal property that is attached to the improvements so ae to constitute a fixture, including, but not limited to, heating and cooling equipment and together with the homestead or marital interests. If any, which interests are hereby released and waived; all of which, Including replacements and additions thereto, Is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being referred to herein as the "Property ". This Deed of Trust shell secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement dated n-Acamher 7;_ 129D having a maturity date of _-December 7. 2000 in the original principal amount of $ 178,058.41 ____ , and any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower (or any of them If more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lander to protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, Indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other doeuents that secure the Note or otherwise executed In connection therewith, including without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". Trustor covenants and agrees with Lender as follows: 1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. 2. Title. Trustor is the owner of the Property, has !rte right and authority to convey the Property and warrants that the lien created hereby Is a first and prior lien on the Properyy, except for liens and encur"Crances set forth by Trustor in writing and delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of i rust does not violate any contract or Wher obligation to which Trustor Is subject. 3. Taxes, Assessments. To pay before delinquency all taxes. strecial assessments and all other charges against the Property now or hereafter levied. 4 Insurance. To keep the Property insured against damage ny Ive. hazards included within the term 'extended coverage ". and such other hazards as Lender may require, in amounts and with companies accooiabie to Lender, naming Lender as an additional named insured. with loss payable to the Lender. In case of loss under such policies, tie Lender is authorized to adjust. collect and compromise. all claims thereunder and shall have the eptfon of applying all or part of the insurance prcceeds (i) to any indebtedness secured hereby and in such order as Lender may determine. fill to the Truslor to be used for the repair or restoration of the Property or (Ili) for any olner purpose or object satisfactory to Lender without affecting tree lien of this Deed of 7r;,s': %ir the full amount secured hereby before such payment ever took place. Any applicnimr of pmceeos to indebtedness shall no. extend or postpone the due date of _any payments under the Note. or cure any defa,. -: thereunder or hereunder 6. rsarew. Upon writte" demand by i.enaer. Truster seal po) t6 i- erder. m suui rlannrr da Lofici r may ur5iyi:uie, Suiob,Q6". sums to enable Lender to pay as they become due one or m c •e cf I-,- f , o r/• rig: (i) all taxes, assessrrer•ts and other charges against the Property. (II) the premiums on the prc,Lerry insurance required ra'•e "der. and (m) the premiums, on any mortgage insurance required by Lender. 6. Maintenance, Repairs and Compliance with Laws. Trustor snail keep the Property In good condition and repair; shall promptly repair, or replace any improvement which may be damaged or destroyed. shall not commit or permit any waste or deterioration of the Property; shall not remove, demolish or substantially alter any of tar Improvements on the Property, shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law. ordinance or regulation; and shall pay and promptly discharge at Trustor's cost and expense all (tens, encumbrances and charges levied. Imposed or assessed against the Property or any part thereof. 7. Eminent Domsln. Lender Is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter "Proceeds") in connection with condemnation or other taking of the Property or part thereof, or for conveyance .n lieu of condemna- tion. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also be entitled to make any compromise or settlement In connection with such taking or damage In t�elelvert Iny portion of NW3"?INonW-co nio.wi"..io M 0 IM hmono e«r to Conunonv i,u" raw s..uip wsomw,a+ orico o N.a.... x 4 Al i 4 J. ):1, �clra ]<�r,�fi �•'. ,tit li`,''..�1. '. N �y / 1 I 'S i •l: ;i • .•pil;�ti t • ACKNOWLEDGEMENT OF DEED OF TRUST TRUSTOR READ THIS BEFORE SIGNING: .9477 107053 Trustor understands that the document that Trustor Is about to execute Is a Deed of Trust and not a mortgage and that the power of sale provided for in the Deed of Trust provides substantially different rights and obligations to Trustor than a mortgage In the event of a default or breach of obligation under the Deed of Trust, Including, but not limited to, the Lender's right to have the Property sold by the Trusts without any judicial proceeding. Trustor represents and warrants that this acknowledgement was executed by Trustor before the execution of the Deed of Trust. Buc r cuing a St • r In A Nebraska Corporation wr -- • - - - BYt ( ormsn 13uak. Trustor president)"�� Trustor DEED OF TRUST WITH FUTURE ADVANCES THIS DEED OF TRUST, is made as of the 7th day of December 119-22— by and among the Trustor, Buck is MOVinQ & Storage. Inc. n Nebraska Corporation whose mailing address is P a Rnx 1207 r araUa jai A A, HIP ARIFIn2_11f er7ein "Trustor;' whether one or more), the Trustee, Five Points Hank A Nebraska Banking Corporation whose mailing address Is P o Bnx 1507, Granr1 Island, 2ff 6813 2 -1507 (herein "Trustee'), and the Beneficiary, E43m v-`- - ....> ras-ka Banving_1:erpatra►tionn . whose mailing address is p O Box 1507 Grand Island. NE 68802 -1507 (herein "Lender'). FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Bunk i 9 Mgviny & storage r Inc, . a Nebraska Corporation (herein "Borrower ", whether one or more) 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 Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows: The real property set forth on "Exhibit A" attached hereto and trade a part hereof by reference. Together with all buildings, Improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurte- nances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal property that is attached to the improvements so ae to constitute a fixture, including, but not limited to, heating and cooling equipment and together with the homestead or marital interests. If any, which interests are hereby released and waived; all of which, Including replacements and additions thereto, Is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being referred to herein as the "Property ". This Deed of Trust shell secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement dated n-Acamher 7;_ 129D having a maturity date of _-December 7. 2000 in the original principal amount of $ 178,058.41 ____ , and any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower (or any of them If more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lander to protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, Indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other doeuents that secure the Note or otherwise executed In connection therewith, including without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". Trustor covenants and agrees with Lender as follows: 1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. 2. Title. Trustor is the owner of the Property, has !rte right and authority to convey the Property and warrants that the lien created hereby Is a first and prior lien on the Properyy, except for liens and encur"Crances set forth by Trustor in writing and delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of i rust does not violate any contract or Wher obligation to which Trustor Is subject. 3. Taxes, Assessments. To pay before delinquency all taxes. strecial assessments and all other charges against the Property now or hereafter levied. 4 Insurance. To keep the Property insured against damage ny Ive. hazards included within the term 'extended coverage ". and such other hazards as Lender may require, in amounts and with companies accooiabie to Lender, naming Lender as an additional named insured. with loss payable to the Lender. In case of loss under such policies, tie Lender is authorized to adjust. collect and compromise. all claims thereunder and shall have the eptfon of applying all or part of the insurance prcceeds (i) to any indebtedness secured hereby and in such order as Lender may determine. fill to the Truslor to be used for the repair or restoration of the Property or (Ili) for any olner purpose or object satisfactory to Lender without affecting tree lien of this Deed of 7r;,s': %ir the full amount secured hereby before such payment ever took place. Any applicnimr of pmceeos to indebtedness shall no. extend or postpone the due date of _any payments under the Note. or cure any defa,. -: thereunder or hereunder 6. rsarew. Upon writte" demand by i.enaer. Truster seal po) t6 i- erder. m suui rlannrr da Lofici r may ur5iyi:uie, Suiob,Q6". sums to enable Lender to pay as they become due one or m c •e cf I-,- f , o r/• rig: (i) all taxes, assessrrer•ts and other charges against the Property. (II) the premiums on the prc,Lerry insurance required ra'•e "der. and (m) the premiums, on any mortgage insurance required by Lender. 6. Maintenance, Repairs and Compliance with Laws. Trustor snail keep the Property In good condition and repair; shall promptly repair, or replace any improvement which may be damaged or destroyed. shall not commit or permit any waste or deterioration of the Property; shall not remove, demolish or substantially alter any of tar Improvements on the Property, shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law. ordinance or regulation; and shall pay and promptly discharge at Trustor's cost and expense all (tens, encumbrances and charges levied. Imposed or assessed against the Property or any part thereof. 7. Eminent Domsln. Lender Is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter "Proceeds") in connection with condemnation or other taking of the Property or part thereof, or for conveyance .n lieu of condemna- tion. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also be entitled to make any compromise or settlement In connection with such taking or damage In t�elelvert Iny portion of NW3"?INonW-co nio.wi"..io M 0 IM hmono e«r to Conunonv i,u" raw s..uip wsomw,a+ orico o N.a.... x 4 Al i 4 J. ):1, �clra ]<�r,�fi �•'. ,tit li`,''..�1. '. i;-X + / 1