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THIS DEED OF TRUST is dated July 30, 2004, among RICHARD A. FREDRICKS, not personally but as Trustee CAN <br />on behalf of RICHARD A. FREDRICKS REVOCABLE LIVING TRUST DATED APRIL 26, 2001, AS AMENDED; <br />and CLAUDIA G. FREDRICKS, not personally but as Trustee on behalf of CLAUDIA G. FREDRICKS REVOCABLE <br />LIVING TRUST DATED APRIL 26, 2001, AS AMENDED ( "Truster "); FIRST NATIONAL BANK NORTH PLATTE, <br />whose address is NORTH PLATTE OFFICE, 201 N DEWEY , PO BOX 10, NORTH PLATTE, NE 69103 -0010 <br />(referred to below sometimes as "Lander" and sometimes as "Beneficiary"); and First National Bank North <br />Platte, whose address is 201 North Dewey, P.O. Box 10, North Platte, NE 69103 (referred to below as <br />"Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trader conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Land., as Benefleary, all of Traitor'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 relating to the real <br />limitation property, including without all minerals, oil, gas, geothermal and similar matters, (tile "Real Property) located in HALL <br />County, State of Nebraska: <br />THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY ONE (211, TOWNSHIP ELEVEN (11) NORTH, <br />RANGE TEN (101 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, EXCEPTING A TRACT OF LAND <br />MORE PARTICULARLY DESCRIBED IN JOINT TENANCY WARRANTY DEED RECORDED AS DOCUMENT <br />NO. 200204324 AND EXCEPTING A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN PLAT OF <br />GREENWOOD ACRES SUBDIVISION RECORDED AS DOCUMENT NO. 97- 109748. <br />01111 <br />THE WEST HALF OF THE NORTHWEST QUARTER (W1/2NW1/4) OF SECTION TWENTY ONE 121), <br />TOWNSHIP ELEVEN 111) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, <br />EXCEPTING A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED IN <br />BOOK 85, PAGE 9. <br />The Real Property or its address is commonly known as RURAL ROUTE, GRAND ISLAND, NE 68801. <br />CROSS- COLLATERAUZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, <br />whether now xisting or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise. <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquldated whether Borrower <br />or Truster may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. Specifically, without limitation, this Dead of Trust secures, in addition to the amounts specified in the Nate, all <br />future amounts Lender in its discretion may loan to Borrower, together with all interest thereon. <br />Tractor presently assigns to Lender (sle. known as Beneficiary in this Deed of Trust) all of Trastor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Properly. In addition, Tmstor 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrants that: lal this Dead of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Truster has the full power, right and authority to enter into this Deed of Trust and to hypothecate the <br />Property; to) the provisions of this Deed of Trust do not conflict with, or result In a default under any agreement or other instrument <br />binding upon Truster and do not result in a violation of any law, regulation, court decree or order applicable to Truetor; Idl Truster has <br />established adequate moans of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any "one action' or "anti - deficiency' law, or any other <br />law which may prevent Lander from bringing any action against Trustot including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lander all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the <br />Note, this Deed of Trust and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Trustoris possession and use of <br />the Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property: <br />n <br />n <br />IT <br />C <br />m <br />to <br />CZ)f�D <br />N <br />() <br />to <br />p\ <br />Z <br />m <br />M <br />� <br />o d <br />o� <br />Wo <br />o T <br />o <br />mo <br />3 <br />r A <br />r v <br />N <br />ti <br />o <br />r-F <br />S <br />WHEN RECORDED MAIL TO: <br />N <br />Z <br />FIRST NATIONAL BANK NORTH PLATTE <br />O <br />NORTH PLATTE OFFICE <br />201 N DEWEY <br />PO BOX 10 <br />0 0010 <br />FOR <br />RECORDER'S USE ONLV�- <br />DEED OF <br />TRUST <br />THIS DEED OF TRUST is dated July 30, 2004, among RICHARD A. FREDRICKS, not personally but as Trustee CAN <br />on behalf of RICHARD A. FREDRICKS REVOCABLE LIVING TRUST DATED APRIL 26, 2001, AS AMENDED; <br />and CLAUDIA G. FREDRICKS, not personally but as Trustee on behalf of CLAUDIA G. FREDRICKS REVOCABLE <br />LIVING TRUST DATED APRIL 26, 2001, AS AMENDED ( "Truster "); FIRST NATIONAL BANK NORTH PLATTE, <br />whose address is NORTH PLATTE OFFICE, 201 N DEWEY , PO BOX 10, NORTH PLATTE, NE 69103 -0010 <br />(referred to below sometimes as "Lander" and sometimes as "Beneficiary"); and First National Bank North <br />Platte, whose address is 201 North Dewey, P.O. Box 10, North Platte, NE 69103 (referred to below as <br />"Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trader conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Land., as Benefleary, all of Traitor'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 relating to the real <br />limitation property, including without all minerals, oil, gas, geothermal and similar matters, (tile "Real Property) located in HALL <br />County, State of Nebraska: <br />THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY ONE (211, TOWNSHIP ELEVEN (11) NORTH, <br />RANGE TEN (101 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, EXCEPTING A TRACT OF LAND <br />MORE PARTICULARLY DESCRIBED IN JOINT TENANCY WARRANTY DEED RECORDED AS DOCUMENT <br />NO. 200204324 AND EXCEPTING A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN PLAT OF <br />GREENWOOD ACRES SUBDIVISION RECORDED AS DOCUMENT NO. 97- 109748. <br />01111 <br />THE WEST HALF OF THE NORTHWEST QUARTER (W1/2NW1/4) OF SECTION TWENTY ONE 121), <br />TOWNSHIP ELEVEN 111) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, <br />EXCEPTING A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED IN <br />BOOK 85, PAGE 9. <br />The Real Property or its address is commonly known as RURAL ROUTE, GRAND ISLAND, NE 68801. <br />CROSS- COLLATERAUZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, <br />whether now xisting or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise. <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquldated whether Borrower <br />or Truster may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. Specifically, without limitation, this Dead of Trust secures, in addition to the amounts specified in the Nate, all <br />future amounts Lender in its discretion may loan to Borrower, together with all interest thereon. <br />Tractor presently assigns to Lender (sle. known as Beneficiary in this Deed of Trust) all of Trastor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Properly. In addition, Tmstor 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrants that: lal this Dead of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Truster has the full power, right and authority to enter into this Deed of Trust and to hypothecate the <br />Property; to) the provisions of this Deed of Trust do not conflict with, or result In a default under any agreement or other instrument <br />binding upon Truster and do not result in a violation of any law, regulation, court decree or order applicable to Truetor; Idl Truster has <br />established adequate moans of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any "one action' or "anti - deficiency' law, or any other <br />law which may prevent Lander from bringing any action against Trustot including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lander all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the <br />Note, this Deed of Trust and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Trustoris possession and use of <br />the Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property: <br />