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WHEN RECORDED MAIL TO: CORNERSTONE BANK N.A. Main Bank Facility 529 Lincoln Avenue P.O. Box 69 V k NE 6846') FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated September 17, 2004, among Byron A. Wheeler and Patricia M. Wheeler; Husband and Wife ( "Trustor "); CORNERSTONE BANK N.A., whose address is Main Bank Facility, 529 Lincoln Avenue. P.O. Box 69, York, NE 68467 (referred to below sometimes as "Lender' and sometimes as "Beneficiary "); and CORNERSTONE BANK N.A., whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee In trust. WITH POWER OF SALE, for the benefit of Lender as Beneficiar, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or iii buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights ( including stock In utilities with ditch or irrigation rights); and all ether rights, royalties, and profits relating to the real property, including without limitation an minerals, oil, gas, geothermal and similar matter., (the "Real Property "I located in Hall County, State of Nebraska: Lot Two (2), Wal -Mart Subdivision, containing .79 acre, more or less, in the City of Grand Island, Hall County, Nebraska, except for the following; beginning at the Southwest corner of Lot 2, Wal -Mart Subdivision, said point also being the intersection of the East line of Diers Avenue and the North line of 13th Street; thence northerly on the East line of Diers Avenue for a distance of 25 feet; thence southeasterly on a line for a distance of 35.4 feet to a point on the South line of said Lot 2, Wal -Mart Subdivision; thence westerly on the South line of said Lot 2, Wal -Mart Subdivision for a distance of 25 feet to the point of beginning, containing 312.5 square feat, more or lass. The Real Property or Its address is commonly known as 1309 Diers Ave., Grand Island, NE 68803. CROSS- COLLATERALIZATION. In addition to the Nutt, this Deed of Trust secures all obligations, debts and liabilities, plus Interest 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, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, dire" or indirect, determined or emle Rimened, absolute or contingent, liquidated or unliquidated whether Borrower or Truster may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation pony or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness Including, without limitation, a revolving line of credit. which obligates Lender to make advances to Borrower se long as Borrower complies with all the terms of the Note. Truster presently assigns to Lender (also known as Beneficiary in this Deed of Tmstl all of Trustor 'a right. title, and interest in and to all present and future leases of the Prepare and ell Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND 161 PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrants that is) this Dead of Trust Is executed at Borrower's request and not at the request of Lender; (bl Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; ic) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Truster, (d) Truster has established adequate means of obtaining from Borrower an a continuing basis information about Borrower's financial condition; and (al Lender has made no representation to Trustor about Borrower )including without limitation the creditworthiness of Borrower). TRUSTOR'6 WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action' or "anti- deficiency" law, or any other law which may preverr Lender from bringing any action against Truster. including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of one PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor 'a possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession antl control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor, shall maintain the Property in tenantable condition and promptly perform all repairs, raplacemeers, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Turner represents and warrants to Lender that (1) During the period of Irustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person an, under, about or from the Property; (21 Trustor has no knowledge of, or reason to believe That there has bean, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, to) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any FO Fill n S ob c In 2 s in n N o n o 3 CO n S N vao Qo Q z "' "200409740 ° WHEN RECORDED MAIL TO: CORNERSTONE BANK N.A. Main Bank Facility 529 Lincoln Avenue P.O. Box 69 V k NE 6846') FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated September 17, 2004, among Byron A. Wheeler and Patricia M. Wheeler; Husband and Wife ( "Trustor "); CORNERSTONE BANK N.A., whose address is Main Bank Facility, 529 Lincoln Avenue. P.O. Box 69, York, NE 68467 (referred to below sometimes as "Lender' and sometimes as "Beneficiary "); and CORNERSTONE BANK N.A., whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee In trust. WITH POWER OF SALE, for the benefit of Lender as Beneficiar, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or iii buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights ( including stock In utilities with ditch or irrigation rights); and all ether rights, royalties, and profits relating to the real property, including without limitation an minerals, oil, gas, geothermal and similar matter., (the "Real Property "I located in Hall County, State of Nebraska: Lot Two (2), Wal -Mart Subdivision, containing .79 acre, more or less, in the City of Grand Island, Hall County, Nebraska, except for the following; beginning at the Southwest corner of Lot 2, Wal -Mart Subdivision, said point also being the intersection of the East line of Diers Avenue and the North line of 13th Street; thence northerly on the East line of Diers Avenue for a distance of 25 feet; thence southeasterly on a line for a distance of 35.4 feet to a point on the South line of said Lot 2, Wal -Mart Subdivision; thence westerly on the South line of said Lot 2, Wal -Mart Subdivision for a distance of 25 feet to the point of beginning, containing 312.5 square feat, more or lass. The Real Property or Its address is commonly known as 1309 Diers Ave., Grand Island, NE 68803. CROSS- COLLATERALIZATION. In addition to the Nutt, this Deed of Trust secures all obligations, debts and liabilities, plus Interest 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, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, dire" or indirect, determined or emle Rimened, absolute or contingent, liquidated or unliquidated whether Borrower or Truster may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation pony or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness Including, without limitation, a revolving line of credit. which obligates Lender to make advances to Borrower se long as Borrower complies with all the terms of the Note. Truster presently assigns to Lender (also known as Beneficiary in this Deed of Tmstl all of Trustor 'a right. title, and interest in and to all present and future leases of the Prepare and ell Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND 161 PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrants that is) this Dead of Trust Is executed at Borrower's request and not at the request of Lender; (bl Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; ic) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Truster, (d) Truster has established adequate means of obtaining from Borrower an a continuing basis information about Borrower's financial condition; and (al Lender has made no representation to Trustor about Borrower )including without limitation the creditworthiness of Borrower). TRUSTOR'6 WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action' or "anti- deficiency" law, or any other law which may preverr Lender from bringing any action against Truster. including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of one PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor 'a possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession antl control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor, shall maintain the Property in tenantable condition and promptly perform all repairs, raplacemeers, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Turner represents and warrants to Lender that (1) During the period of Irustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person an, under, about or from the Property; (21 Trustor has no knowledge of, or reason to believe That there has bean, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, to) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any