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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />West Branch
<br />2009 N. Dlers Ave.
<br />G d l l d NE 68803 FOP RECORDER'S USE ONLY
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<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated April 9, 2004, among TERRY WALTER ENTERPRISES, INC ( "Trustor "); Five
<br />Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose address Is P.O Box
<br />1507, Grand Island, NE 68802 -1507 (referred to below as "Trustee ")_
<br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lander as Beneficiary, all of Truster 'a right, title, and interest in and to the following described real property, together with ell 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 rightel; and all other rights. royalties, and profits relating to the real
<br />similar matters, (the "Real Property ") located in HALL
<br />property, including without limitation ell minerals, oil, gas, geothermal and
<br />County, State of Nebraska:
<br />Lot Thirty -Nine (39), in Country Meadows Subdivision, in the City of Grand Island, Hell County. Nebraska.
<br />The Real Property or its address is commonly known as 4103 PRAIRIE RIDGE LN, GRAND ISLAND, NE
<br />68803.
<br />Truster presently erosions to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to ell
<br />present and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lander 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 Dead of Trust, Treanor shall pay to Lender all amounts secured by
<br />this 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
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occunance of an Event of Default, Truster may (1) remain in possession and control of the Property;
<br />(2) use, operate or menage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shell maintain the Property in tenantable Condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Complisnn With Environmental Laws. Truster represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />12) Truator has no knowledge of, or reason to believe
<br />Hazardous Substance by any person on, under, about or from the Property;
<br />as disclosed to and acknowledged by Lander in writing, (a) any breach or violation of any
<br />that there has been, except previously
<br />Environmental Laws, to) 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 (31 Except as previously disclosed to and
<br />acknowledged by Lender In writing, tai neither Truster nor any tenant, contractor, agent or ether authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, untler, about or from the Property;
<br />be Conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />and (b) any such activity shall
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
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