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DEED OF TRUST
<br />THIS DEED OF TRUST is dated December 2, 2003, among Steven W. Ryon and Kimberly S. Ryan, Husband
<br />and Wife as Joint Tenants, whose address is 3132 Briarwood Blvd, Grand Island, NE 68801 ( "Trustor" l;
<br />Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below
<br />sometimes as "Lender' and sometimes as "Beneficiary "); and Exchange Bank, whose address is P.O. Box 760,
<br />Gibbon, NE 68840 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. Far valuable ... aid eration, Truster conveys to Trustee In trust. WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Theater'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
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits elating to the real
<br />property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the Real Property') located In Hell
<br />County, State of Nebraska:
<br />Brentwood Subdivision, Lot 20 Block 2
<br />The Real Property or its address is commonly known as 3132 Briarwood Blvd, Grand Island, NE 68801.
<br />CROSS- COLLATERALI2ATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Truster to Lender, or any one or more of them, as well as all claims by Lender against Truster or any one or more of them,
<br />whether now existing or hereafter arising, whether related or related to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or incept, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Truster
<br />may be liable Individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />suchcry upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the ublgffiiou to repay
<br />amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel
<br />under Truth In Lending In .ctiun with any additional loans, extensions of credit and other liabilities or obligations of Thaler to Lender,
<br />than this Deed of Trust shall not secant additional loans of ohligations unless and until such notice is given.
<br />Truster presently assigns to Lender lulso known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and Interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Theater grants to Lender a Uniform Commercial
<br />Code security 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, Truster shall pay to Lender all amounts secured by
<br />this Dead of Trust as they become due, and phall strictly and In a timely manner perform all of Trustor's obligations untler the Note, this
<br />Deed of Trust, and the Related Documents,
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Theater agrees that Tructoi s possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 11) remain In possession and control of the Property;
<br />121 use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truster shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve Its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Tmstoi s ownership
<br />of the Property, there has been n e, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any persnn on, under, about or from the Property; 12) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing. Ial any breach or violation of any
<br />Environmental Laws, Ihl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior Owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Theater nor any tenant, contractor, agent o r other authorized user of the Property
<br />shall use, generate, manufacture, store, treat dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and do) any such activity shall be conducted In compliance will' all applicable federal, state, and local laws, regulations and
<br />old ancre, frosibith, without limitation all Environmental Laws. Theater authorizes Lender and its agents to enter upon (he Property
<br />to make such inspections and tests, at Trustors expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust Any inspections or tests made by Lender shall be for Lender's purposes only and shall nut be
<br />construed to cleat. any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating (ho Property for Hazardous Substances. Truster
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustee becomes liable for
<br />cleanup or other costs under any such laws; and 12) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and .xpenses which Lander may directly or Indirectly sustain or suffer moulting from a breach of this
<br />section of the Deed of Trust or as sequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trus'ter'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 Dead of Trust, including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyawl, of the lien of this Deed of Trust and shall not be affected by Lender's acquisition
<br />of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance. Waste. Treader shall not cause, conduct or permit any nuisance our mlp permit, or suffer any stripping of or aste on
<br />or to the Property or any portion of the Property. Without limiting the generalily of the foregoing, Truster will not remove, or grant to
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<br />WHEN RECORDED MAIL TO:
<br />200400052
<br />Exchange flank
<br />P.O. So. 760
<br />414 LaBarre
<br />"".a NE 68840
<br />FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated December 2, 2003, among Steven W. Ryon and Kimberly S. Ryan, Husband
<br />and Wife as Joint Tenants, whose address is 3132 Briarwood Blvd, Grand Island, NE 68801 ( "Trustor" l;
<br />Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below
<br />sometimes as "Lender' and sometimes as "Beneficiary "); and Exchange Bank, whose address is P.O. Box 760,
<br />Gibbon, NE 68840 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. Far valuable ... aid eration, Truster conveys to Trustee In trust. WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Theater'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
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits elating to the real
<br />property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the Real Property') located In Hell
<br />County, State of Nebraska:
<br />Brentwood Subdivision, Lot 20 Block 2
<br />The Real Property or its address is commonly known as 3132 Briarwood Blvd, Grand Island, NE 68801.
<br />CROSS- COLLATERALI2ATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Truster to Lender, or any one or more of them, as well as all claims by Lender against Truster or any one or more of them,
<br />whether now existing or hereafter arising, whether related or related to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or incept, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Truster
<br />may be liable Individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />suchcry upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the ublgffiiou to repay
<br />amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel
<br />under Truth In Lending In .ctiun with any additional loans, extensions of credit and other liabilities or obligations of Thaler to Lender,
<br />than this Deed of Trust shall not secant additional loans of ohligations unless and until such notice is given.
<br />Truster presently assigns to Lender lulso known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and Interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Theater grants to Lender a Uniform Commercial
<br />Code security 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, Truster shall pay to Lender all amounts secured by
<br />this Dead of Trust as they become due, and phall strictly and In a timely manner perform all of Trustor's obligations untler the Note, this
<br />Deed of Trust, and the Related Documents,
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Theater agrees that Tructoi s possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 11) remain In possession and control of the Property;
<br />121 use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truster shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve Its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Tmstoi s ownership
<br />of the Property, there has been n e, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any persnn on, under, about or from the Property; 12) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing. Ial any breach or violation of any
<br />Environmental Laws, Ihl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior Owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Theater nor any tenant, contractor, agent o r other authorized user of the Property
<br />shall use, generate, manufacture, store, treat dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and do) any such activity shall be conducted In compliance will' all applicable federal, state, and local laws, regulations and
<br />old ancre, frosibith, without limitation all Environmental Laws. Theater authorizes Lender and its agents to enter upon (he Property
<br />to make such inspections and tests, at Trustors expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust Any inspections or tests made by Lender shall be for Lender's purposes only and shall nut be
<br />construed to cleat. any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating (ho Property for Hazardous Substances. Truster
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustee becomes liable for
<br />cleanup or other costs under any such laws; and 12) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and .xpenses which Lander may directly or Indirectly sustain or suffer moulting from a breach of this
<br />section of the Deed of Trust or as sequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trus'ter'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 Dead of Trust, including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyawl, of the lien of this Deed of Trust and shall not be affected by Lender's acquisition
<br />of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance. Waste. Treader shall not cause, conduct or permit any nuisance our mlp permit, or suffer any stripping of or aste on
<br />or to the Property or any portion of the Property. Without limiting the generalily of the foregoing, Truster will not remove, or grant to
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