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DEED OF TRUST <br />Gregory A Payne <br />Sheri L Payne <br />5062 N 80th Road <br />Cairo, NE 68824 <br />uregory A Payne, husband and wife <br />Sheri L Payne, husband and wife <br />Cairo, NE 68824 <br />8 381 -2218 506882460 (308) 381 -2218 506882460 <br />TRUSTEE: Union Bank & Trust Company Grand Island Branch <br />2008 N Webb Road, Grand Island, NE 68803 <br />. __.. _._...,.. ,,. ­ ..,.....,. „ ,,,, p vlll.11 Udtivn 11clromarrer spectnea ana any tuture advances or future Obligations, as defined herein, <br />which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and <br />sufficiency of which are hereby acknowledged, Grantor hereby irrevocably bargains, sells, transfers, grants conveys and assigns to Trustee, his <br />successors and assigns, in trust, for Union Bank & Trust Grand Island Branch 200$ N Webb Rd PO Box <br />5166 Grand Island NE 68802 ( "Lender "), the <br />beneficiary under this Deed of Trust, with power of sale and right of entry and possession all of Grantor's present and future estate, right, title and <br />interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference, together <br />with all present and future improvements and fixtures; all tangible personal property, including, without limitation, all machinery, equipment, building <br />materials, and goods of every nature (excluding household goods) now or hereafter located on or used in connection with the real property, whether <br />or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real property, <br />whether previously or subsequently transferred to the real property from other real property or now or hereafter susceptible of transfer from this real <br />property to other real property, all leases, licenses and other agreements; all rents, issues and profits; all water, well, ditch, reservoir and mineral <br />rights and stocks pertaining to the real property (cumulatively "Property "); to have and to hold the Property and the rights hereby granted for the use <br />and benefit of Trustee, his successors and assigns, until payment in full of all Obligations secured hereby. <br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly <br />warrant, covenant, and agree with Lender and Trustee and their successors and assigns as follows: <br />1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present and future indehtednesc IiahilitiPQ nhhonr;n„o ,..a <br />ve y lga Ions to Lender pursuant to: <br />(a) this Deed of Trust and the following promissory notes and other agreements: <br />RATECh)(I I.IltI14 ACrREEMirNT RATE: �ATB NUMBBR NUMBER <br />FIXED $20,219.07 09/22/01 11/20/04 302688 kh 561585 <br />w,ioacIAL PwpUbCS uran Me Ioregomg) ; -- <br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; <br />(d) future advances, whether obligatory or optional, to the same extent as if made contemporaneously with the execution of this Deed of Trust, <br />made or extended to or on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lien of this Deed of <br />Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of <br />the line) no balance may be outstanding. At no time shall the lien of this Deed of Trust, not including sums advanced to protect the security of <br />this Deed of Trust, exceed $ 4 0 14 3 8.14 ; and <br />(e) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing. " <br />As used in this Paragraph 1, the terms Grantor and Borrower shall include and also mean any Grantor or Borrower if more than one. <br />2. REPRESENTATIONS, WARRANTIESAND COVENANTS. Grantor represents, warrants and covenants to Lender that: <br />(a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances and <br />claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by <br />reference, which Grantor agrees to pay and perform in a timely manner; <br />(b) Grantor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, those <br />relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal <br />government nor the state where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Property, <br />nor are there any governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's <br />knowledge, threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any other party has used, generated, <br />released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any <br />Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous <br />Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited <br />to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a <br />"hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any <br />amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section <br />1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those substances, materials or <br />wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability <br />Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or ordinance now or hereafter <br />in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of <br />the Property with Hazardous Materials or toxic substances; <br />(c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all <br />regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or <br />municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all <br />rights, licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions for nonconforming us s, <br />and final inspection approvals), whether temporary or permanent, which are material to the use and occuuancv of the Pronertv_ nrecently - arnri <br />i <br />�:9 <br />rn <br />n <br />n <br />2 <br />D <br />r. <br />= <br />z <br />v <br />C))i <br />° <br />c� <br />O <br />rn <br />rr <br />rn <br />C <br />a <br />fV <br />Ca `Ti <br />O <br />COD <br />/ />i� <br />CZ) <br />(I <br />CO2 <br />:C e <br />After Recor atio etum <br />Union Bank C. Tr st <br />x <br />p <br />cta <br />Grand Island Branch <br />w <br />+�' <br />2008 N Webb Rd PO Box 5166 <br />CD <br />rz <br />0 <br />Grand Island, NE 68802 <br />., <br />DEED OF TRUST <br />Gregory A Payne <br />Sheri L Payne <br />5062 N 80th Road <br />Cairo, NE 68824 <br />uregory A Payne, husband and wife <br />Sheri L Payne, husband and wife <br />Cairo, NE 68824 <br />8 381 -2218 506882460 (308) 381 -2218 506882460 <br />TRUSTEE: Union Bank & Trust Company Grand Island Branch <br />2008 N Webb Road, Grand Island, NE 68803 <br />. __.. _._...,.. ,,. ­ ..,.....,. „ ,,,, p vlll.11 Udtivn 11clromarrer spectnea ana any tuture advances or future Obligations, as defined herein, <br />which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and <br />sufficiency of which are hereby acknowledged, Grantor hereby irrevocably bargains, sells, transfers, grants conveys and assigns to Trustee, his <br />successors and assigns, in trust, for Union Bank & Trust Grand Island Branch 200$ N Webb Rd PO Box <br />5166 Grand Island NE 68802 ( "Lender "), the <br />beneficiary under this Deed of Trust, with power of sale and right of entry and possession all of Grantor's present and future estate, right, title and <br />interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference, together <br />with all present and future improvements and fixtures; all tangible personal property, including, without limitation, all machinery, equipment, building <br />materials, and goods of every nature (excluding household goods) now or hereafter located on or used in connection with the real property, whether <br />or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real property, <br />whether previously or subsequently transferred to the real property from other real property or now or hereafter susceptible of transfer from this real <br />property to other real property, all leases, licenses and other agreements; all rents, issues and profits; all water, well, ditch, reservoir and mineral <br />rights and stocks pertaining to the real property (cumulatively "Property "); to have and to hold the Property and the rights hereby granted for the use <br />and benefit of Trustee, his successors and assigns, until payment in full of all Obligations secured hereby. <br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly <br />warrant, covenant, and agree with Lender and Trustee and their successors and assigns as follows: <br />1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present and future indehtednesc IiahilitiPQ nhhonr;n„o ,..a <br />ve y lga Ions to Lender pursuant to: <br />(a) this Deed of Trust and the following promissory notes and other agreements: <br />RATECh)(I I.IltI14 ACrREEMirNT RATE: �ATB NUMBBR NUMBER <br />FIXED $20,219.07 09/22/01 11/20/04 302688 kh 561585 <br />w,ioacIAL PwpUbCS uran Me Ioregomg) ; -- <br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; <br />(d) future advances, whether obligatory or optional, to the same extent as if made contemporaneously with the execution of this Deed of Trust, <br />made or extended to or on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lien of this Deed of <br />Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of <br />the line) no balance may be outstanding. At no time shall the lien of this Deed of Trust, not including sums advanced to protect the security of <br />this Deed of Trust, exceed $ 4 0 14 3 8.14 ; and <br />(e) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing. " <br />As used in this Paragraph 1, the terms Grantor and Borrower shall include and also mean any Grantor or Borrower if more than one. <br />2. REPRESENTATIONS, WARRANTIESAND COVENANTS. Grantor represents, warrants and covenants to Lender that: <br />(a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances and <br />claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by <br />reference, which Grantor agrees to pay and perform in a timely manner; <br />(b) Grantor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, those <br />relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal <br />government nor the state where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Property, <br />nor are there any governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's <br />knowledge, threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any other party has used, generated, <br />released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any <br />Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous <br />Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited <br />to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a <br />"hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any <br />amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section <br />1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those substances, materials or <br />wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability <br />Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or ordinance now or hereafter <br />in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of <br />the Property with Hazardous Materials or toxic substances; <br />(c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all <br />regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or <br />municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all <br />rights, licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions for nonconforming us s, <br />and final inspection approvals), whether temporary or permanent, which are material to the use and occuuancv of the Pronertv_ nrecently - arnri <br />i <br />�:9 <br />