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<br />f t T" a of OCTOBER 2004 b and among the Trustor, THIS DEED OF TRUST, is made as o he 13 day O y g C7�
<br />HERITAGE DISPOSAL AND STORAGE, L.L.C. , whose mailing address is 3119 BRENTWOOD BLVD,
<br />GRAND ISLAND, NE 68801 (herein " Trustor", whether one or more), the Trustee, FIRST STATE BANK, whose
<br />mailing address is 119 C STREET, P O BOX 639, SHELTON, NE 68876 (herein "Trustee "), and the Beneficiary,
<br />FIRST STATE BANK, whose mailing address is 119 C STREET, P O BOX 639, SHELTON, NE 68876 (herein "Lender").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br />HERITAGE DISPOSAL AND STORAGE, L.L.C. (herein "Borrower," whether one or more) and the trust herein
<br />created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns
<br />to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to the terms
<br />and conditions hereinafter set forth, the real property described as follows:
<br />A tract of land comprising a part of the Northwest Quarter (NWI /4) and a part of the Northeast Quarter (NEI /4) of Section
<br />Twenty -Four (24), Township Eleven (11) North, Range Eleven (11) West of the 6th P.M., Hall County, Nebraska, and more
<br />particularly described as follows: Beginning at a point on the north line of said Northwest Quarter (NW1 /4), said point being
<br />Two Thousand Sixteen and Forty Two Hundredths (2,016.42) feet east of the Northwest corner of said Northwest Quarter
<br />(NWI /4); thence running easterly, along and upon the north line of said Northwest Quarter (NW1 14), a distance of Six Hundred
<br />Thirty Four and Nine Hundredths (634.09) feet to the northwest corner of said Northeast Quarter (NEI /4); thence deflecting left
<br />00 00' 50" and running easterly, along and upon the north line of said Northeast Quarter (NEI /4), a distance of Two Thousand
<br />Four Hundred Twelve and Forty Six Hundredths (2,412.46) feet; thence deflecting right 89 32' 10" and running southerly, a
<br />distance of One Thousand Nine Hundred Fifty Two and Eighty Five Hundredths (1,952.85) feet; thence deflecting right 90 03'
<br />00" and running westerly, a distance of Three Thousand Fifty Two and Fifteen Hundredths (3,052.15) feet; thence deflecting
<br />right 90° 06' 35" and running northerly, a distance of One Thousand Nine Hundred Seventy Five and Seven Hundredths
<br />(1,975.07) feet to the point of beginning
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof,
<br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and
<br />cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of
<br />which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed
<br />of Trust and all of the foregoing being referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit
<br />agreement dated OCTOBER 13, 2004 , having a maturity date of JANUARY 11, 2005 , in the original principal amount of
<br />$ 391,491.10 and any and all modifications, extensions, and renewals thereof or thereto and any and all future advances and
<br />readvances to Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements
<br />(herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all
<br />covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any
<br />of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or
<br />otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection
<br />therewith, including without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein
<br />as the "Loan Instruments ".
<br />Trustor covenants and agrees with Lender as follows:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien
<br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to
<br />Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or
<br />other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the
<br />Property now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ",
<br />and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional
<br />named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and
<br />compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness
<br />secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or
<br />(iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured
<br />hereby before such payment ever took place. Any applications of proceeds to indebtedness shall not extend or postpone the due date
<br />of any payments under the Note, or cure any default thereunder or hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient
<br />sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against
<br />the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance
<br />required by Lender.
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