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<br />DEED OF TRUST 200400570
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<br />This DEED OF TRUST, is made as of the 20th day of January, 2004, by and among David N.
<br />Ogden and Julie A. Ogden, husband and wife ( "Trustor "), whose mailing address is 15802 West
<br />Old Military Road, Wood River, Nebraska 68883; Damon T. Bahensky, a member of the Nebraska
<br />State Bar Association ( "Trustee "), whose mailing address is P.O. Box 1600, Kearney, Nebraska
<br />68848 -1600; and Codner JT4, a Nebraska Partnership ( "Beneficiary "), whose mailing address is
<br />c/o Steven E. Codner, 609 Lawn Avenue, P.O. Box 86, Gibbon, Nebraska 68840.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to
<br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and
<br />subject to the terms and conditions of this Deed of Trust, the real property, described as
<br />follows (the "Trust Estate "):
<br />The West Half of the Northwest Quarter (W;INW4) of Section Fourteen (14), Township
<br />Ten (10) North, Range Twelve (12) West of the 6u' P.M., Hall County, Nebraska.
<br />TOGETHER WITH all rents, easements, appurtenances, hereditaments, interest in adjoining
<br />roads, streets and alleys, improvements and buildings of any kind situated thereon, and all
<br />personal property that may be, or hereafter become, an integral part of such buildings and
<br />improvements, all crops raised thereon and all water rights.
<br />The Property and the entire estate and interest conveyed to the Trustee are referred
<br />to collectively as the "Trust Estate ".
<br />I. FOR THE PURPOSE OF SECURING:
<br />A. Payment of indebtedness in the total principal amount of $176,400.00, with interest
<br />thereon, as evidenced by that certain promissory note of even date (the "Note ") with a
<br />maturity date of January 20, 2014, executed by Trustor, which has been delivered and is
<br />payable to the order of Beneficiary, and which by this reference is hereby made a part
<br />hereof, and any and all modifications, extensions and renewals thereof, and
<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with
<br />interest thereon at the rate of ten percent (10.0 %) per annum.
<br />This Deed of Trust, the Note, and any other instrument given to evidence or further
<br />secure the payment and performance of any obligation secured hereby are referred to
<br />collectively as the "Loan Instruments ".
<br />II. TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />A. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the
<br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as
<br />provided in the Loan Instruments.
<br />B. TAXES. Trustor shall pay each installment of all taxes and special assessments of
<br />every kind, now or hereafter levied against the Trust Estate or any part thereof, before
<br />delinquency, without notice or demand, and shall supply Beneficiary with a copy of the
<br />receipt of payment upon written request by the Beneficiary.
<br />C. REPAIRS. Trustor shall promptly repair, maintain and replace the Trust Estate or
<br />any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not
<br />deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate.
<br />D. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or
<br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary
<br />or Trustee, and shall pay all costs and expenses, including cost of evidence of title and
<br />attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear.
<br />Should Trustor fail to make any payment or to do any act as and in the manner provided in any
<br />of the Loan Instruments, Beneficiary and /or Trustee, each in its own discretion, without
<br />obligation so to do and without notice to or demand upon Trustor and without releasing
<br />Trustor from any obligation, may make or do the same in such manner and to such extent as
<br />either may deem necessary to protect the security hereof. Trustor shall, immediately upon
<br />demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in
<br />connection with the exercise by Beneficiary of the foregoing rights, including without
<br />limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees.
<br />Any such costs, and expenses not paid within ten (10) days of written demand shall draw
<br />interest at the default rate provided in the Note.
<br />E. CONDEMNATION. The proceeds of any award or claim for damages, direct or
<br />consequential, in connection with any condemnation or other taking of the Trust Estate, or
<br />part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be
<br />paid to Beneficiary.
<br />In the event of a total taking of the Trust Estate, the proceeds shall be applied to
<br />the sums secured by this Deed of Trust, with the excess, if any, paid to Trustor. In the
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