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WHEN RECORDED MAIL TO: O O^ a7 O O ,1 Y 3 Y
<br />United Nebraska Bank
<br />Grand Island Office
<br />PO Box 5018
<br />Grand Island, NE 08802 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated January 9, 2003, among Kevin Ray Miller, whose address is 304 Carey St,
<br />Grand Island, NE 68803 -4519 ( "Truster "); United Nebraska Bank, whose address is Grand Island Office, PO
<br />Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred
<br />to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the bensfh of
<br />Lender as Beneficiary, all of Trustor'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 />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall
<br />County, State of Nebraska:
<br />Parcel 1: The Westerly 1/2 of the Easterly 1/2 in Black Fourteen (14), in Windolph's Addition to the City of
<br />Grand Island, Hall County, Nebraska. Parcel 2: The East 30 feet of Lot Seven (7) and the West 19
<br />feet of Lot Eight (8), BuenaVista Subdivision, City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 1209 W. Anna St. & 332 E. Dodge St., Grand Island,
<br />NE 68801. The Real Property tax identification number is 4001400403 & 400026740
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Truster shall pay to Lender all amounts secured by
<br />this Dead of Trust as they become due, and shall strictly and In a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession and use of the Property shall be
<br />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 />0 use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Truster represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Truster has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and Ch Except as previously disclosed to and
<br />acknowledged by Lender In writing. (a) neither Truster nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and loczl laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Truster or to any other person. The representations and
<br />warranties contained herein are based on Truster's due diligence in investigating the Property for Hazardous Substances. Truster
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />liabillties, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this
<br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Truster.
<br />The provisions of this section of the Deed of Trust, Including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition
<br />of any interest In the Property, whether by foreclosure or otherwise.
<br />Nuisance. Waste. Trustor shall not cause, conduct or permit any n commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (Including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Tractor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
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<br />WHEN RECORDED MAIL TO: O O^ a7 O O ,1 Y 3 Y
<br />United Nebraska Bank
<br />Grand Island Office
<br />PO Box 5018
<br />Grand Island, NE 08802 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated January 9, 2003, among Kevin Ray Miller, whose address is 304 Carey St,
<br />Grand Island, NE 68803 -4519 ( "Truster "); United Nebraska Bank, whose address is Grand Island Office, PO
<br />Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred
<br />to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the bensfh of
<br />Lender as Beneficiary, all of Trustor'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 />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall
<br />County, State of Nebraska:
<br />Parcel 1: The Westerly 1/2 of the Easterly 1/2 in Black Fourteen (14), in Windolph's Addition to the City of
<br />Grand Island, Hall County, Nebraska. Parcel 2: The East 30 feet of Lot Seven (7) and the West 19
<br />feet of Lot Eight (8), BuenaVista Subdivision, City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 1209 W. Anna St. & 332 E. Dodge St., Grand Island,
<br />NE 68801. The Real Property tax identification number is 4001400403 & 400026740
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Truster shall pay to Lender all amounts secured by
<br />this Dead of Trust as they become due, and shall strictly and In a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession and use of the Property shall be
<br />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 />0 use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Truster represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Truster has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and Ch Except as previously disclosed to and
<br />acknowledged by Lender In writing. (a) neither Truster nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and loczl laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Truster or to any other person. The representations and
<br />warranties contained herein are based on Truster's due diligence in investigating the Property for Hazardous Substances. Truster
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />liabillties, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this
<br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Truster.
<br />The provisions of this section of the Deed of Trust, Including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition
<br />of any interest In the Property, whether by foreclosure or otherwise.
<br />Nuisance. Waste. Trustor shall not cause, conduct or permit any n commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (Including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Tractor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
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