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<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 1" day of November, 2004 by and among the Trustor, Thomas A.
<br />Emerton and Seanne L. Emerton, husband and wife, whose mailing address for purposes of this Deed of Trust is PO
<br />Box 40 Cairo, Nebraska 68824 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney
<br />at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE
<br />68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION
<br />OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br />Bluestein Properties, L.L.C. (herein "Borrower ", whether one or more), and the trust herein created, the receipt of
<br />which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and
<br />conditions hereinafter set forth, legally described as follows:
<br />A tract of land located in the Southwest Quarter (SW 1/4) of Section Thirty (30) Township Twelve
<br />(12) North, Range Eleven (11) West of the 6`h Principal Meridian, Hall County, Nebraska, more
<br />particularly described as follows:
<br />Beginning at the Southeast Corner of the SWIA of Said Section 30; Thence Northerly along the
<br />East line of said SWIA on an assumed bearing of N 00 000'00" E a distance of 1648.59 feet;
<br />thence Westerly bearing N 89'54'17" W a distance of 313.07 feet; thence Southerly bearing S 001
<br />06'06" W a distance of 1154.37 feet; thence Westerly bearing N 89 °24'57" W a distance of
<br />404.04 feet; thence Southwesterly bearing S 30°31'53" W a distance of 262.30 feet; thence
<br />Southerly bearing S 2'06'14" W a distance of 269.66 feet to appoint on the South line of said
<br />SWIA; thence Easterly along the South line of SWIA bearing S 89 °46'15" a distance of 862.30
<br />feet to the point of beginning; said tract containing 17.69 acres more or less, the Southerly 33 feet
<br />of which being Hall County Road Right -Of -Way.
<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
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being
<br />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 Deed of
<br />Trust Note dated November 1, 2004, having a maturity date of November 10, 2024, in the original principal amount
<br />of Five Hundred Fifty Thousand and 00 /100 Dollars ($550,000.00), and any and all modifications, extensions and
<br />renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more
<br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the
<br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants
<br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower
<br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by
<br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the
<br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and
<br />assignments of leases and rents, shall be referred to herein 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
<br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the
<br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject.
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