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This Deed of Trust, made this day of May 2004, by and between Mitchell Price & Kerry Price, whet er one or more, hereinafter called the " Trustor," whose mailing address is 708 Cottonwood, Wood River, Nebraska 68883, and Edward W. Hasenjager, attorney, hereinafter called the "Trustee," whose mailing address is 319 South 17th Street, Suite 728, Omaha, Nebraska 68102, and Robert V. Herink, Trustee of Herink Ranch Family Trust dated January 22, 2003, its successors and assigns, hereinafter called the "Beneficiary," whose mailing address is 9524 Spencer Street, Omaha, Nebraska 68134. WITNESSETH: WHEREAS, under even date herewith, Trustor executed and delivered to Beneficiary a Promissory Note payable to Beneficiary in the principal sum of Forty One Thousand and 00/100 ($41,000.00), which Note will be referred to herein as the "Note" or the "Note Secured Hereby;" NOW, THEREFORE, for the purpose of securing payment of the Note, according to its terms and any extension or renewals thereof, and for the purpose of securing performance by Trustor of the agreements herein contained, Trustor irrevocably grants and transfers to Trustee, in trust, with POWER OF SALE, all of the following described real estate situated in Douglas County, Nebraska, hereinafter called the "Described Premises:" Lot 2, Except the East 7 Feet deeded to the State of Nebraska in Deed recorded in Book 118 Page 593 in the Register of Deeds Office, Hall County, Nebraska, and all of Lot 4, Fosters Subdivision, in Hall County, as Surveyed, Platted and Recorded in Hall County, Nebraska. together with all buildings, fixtures and improvements upon the Described Premises, whether now or hereafter existing, all rights -of -way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in connection with the described premises, or any part thereof (subject, however, to be the right, power and authority of Trustor to collect and apply such rents, issues, profits and income as they become due and payable, so long as no default exists hereunder) and all proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims including, without limitation, proceeds of insurance and condemnation awards, all of which collectively is hereinafter referred to as the "Trust Property." IT IS AGREED, without affecting the generality of any of the foregoing provisions, that all heating, cooling, air conditioning and plumbing appliances and equipment now or hereafter erected upon the described premises, shall be deemed fixtures and a part of the realty, and are a portion of the Trust Property. TO HAVE AND TO HOLD the Trust Property upon and subject to the trusts and agreements hereinafter set forth: 1. Trustor agrees to punctually pay the principal of, and interest on, the Note on the dates and at the place and in the manner provided therein and to punctually perform all agreements, conditions and provisions of any other security instrument given in connection with this transaction. 2. Trustor, at its expense, will maintain and preserve the lien of this Deed of Trust as a first and paramount lien upon the Trust Property, will cause this Deed of Trust, and each amendment or supplement thereto, to be filed and recorded as a page 1 of 4 pages // % M r) () -mn = D c Z n = may. = o --a o . "' ((C�pp �D CD C]. T T CD L7 m fT i7 D :3 CO �, r *> W D Cl`t n DEED OF TRUST N C �. O o This Deed of Trust, made this day of May 2004, by and between Mitchell Price & Kerry Price, whet er one or more, hereinafter called the " Trustor," whose mailing address is 708 Cottonwood, Wood River, Nebraska 68883, and Edward W. Hasenjager, attorney, hereinafter called the "Trustee," whose mailing address is 319 South 17th Street, Suite 728, Omaha, Nebraska 68102, and Robert V. Herink, Trustee of Herink Ranch Family Trust dated January 22, 2003, its successors and assigns, hereinafter called the "Beneficiary," whose mailing address is 9524 Spencer Street, Omaha, Nebraska 68134. WITNESSETH: WHEREAS, under even date herewith, Trustor executed and delivered to Beneficiary a Promissory Note payable to Beneficiary in the principal sum of Forty One Thousand and 00/100 ($41,000.00), which Note will be referred to herein as the "Note" or the "Note Secured Hereby;" NOW, THEREFORE, for the purpose of securing payment of the Note, according to its terms and any extension or renewals thereof, and for the purpose of securing performance by Trustor of the agreements herein contained, Trustor irrevocably grants and transfers to Trustee, in trust, with POWER OF SALE, all of the following described real estate situated in Douglas County, Nebraska, hereinafter called the "Described Premises:" Lot 2, Except the East 7 Feet deeded to the State of Nebraska in Deed recorded in Book 118 Page 593 in the Register of Deeds Office, Hall County, Nebraska, and all of Lot 4, Fosters Subdivision, in Hall County, as Surveyed, Platted and Recorded in Hall County, Nebraska. together with all buildings, fixtures and improvements upon the Described Premises, whether now or hereafter existing, all rights -of -way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in connection with the described premises, or any part thereof (subject, however, to be the right, power and authority of Trustor to collect and apply such rents, issues, profits and income as they become due and payable, so long as no default exists hereunder) and all proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims including, without limitation, proceeds of insurance and condemnation awards, all of which collectively is hereinafter referred to as the "Trust Property." IT IS AGREED, without affecting the generality of any of the foregoing provisions, that all heating, cooling, air conditioning and plumbing appliances and equipment now or hereafter erected upon the described premises, shall be deemed fixtures and a part of the realty, and are a portion of the Trust Property. TO HAVE AND TO HOLD the Trust Property upon and subject to the trusts and agreements hereinafter set forth: 1. Trustor agrees to punctually pay the principal of, and interest on, the Note on the dates and at the place and in the manner provided therein and to punctually perform all agreements, conditions and provisions of any other security instrument given in connection with this transaction. 2. Trustor, at its expense, will maintain and preserve the lien of this Deed of Trust as a first and paramount lien upon the Trust Property, will cause this Deed of Trust, and each amendment or supplement thereto, to be filed and recorded as a page 1 of 4 pages // %