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WHEN RECORDED MAIL TO: 200302004 FIVE POINTS BANK OF HASTINGS 322 N ST JOSEPH HASTINGS. NE owl FOR RECORDER'S USE ONLY DEED OF TRUST c MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $3,540.50. \S THIS DEED OF TRUST is dated February 12, 2003, among RICHARD A RAIL and RHONDA S RAIL, C, HUSBAND AND WIFE ( "Trustor "); FIVE POINTS BANK OF HASTINGS, whose address is 322 N ST JOSEPH, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank of Hastings, whose address is P.O Box 55, Hastings, NE 68902 -0055 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, tithe, and interest in and to the following described real property, together with all existing or subsequently erected or affixed 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 other rights, royalties, and profits relating to the realproperty, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of Nebraska: LOT 12, AMICK ACRES, PART OF THE W 1/2 SW 1/4 OF SECTION 2, TOWNSHIP 9 NORTH, RANGE 10, WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF The Real Property or its address is commonly known as 120 AMICK AVE, DONIPHAN, NE 68832. Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present and future leases of the Property and all Rents from Me Property. In addition, Truster grants to Lender a Uniform Commercial Code security interest in the Personal Preachy 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 (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Trustor shall pay to Lender all amounts secured by this Dead of Trust as they become due, and shall strictly and in a timely manner perform all of Trustee's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Theater agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Propeny; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Truster represents and warrants that the Property never has been, and never will be so long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Dead of Trust. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable for cleanup or other costs under any such laws, and (2) agrees W indemnity and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are pad of this Deed of Trust: Payment. Truster shall pay when due (and in all events prior to delinquency) all taxes.. special taxes, assessments, charges (including water and sewer), fines antl impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Properly. Truster shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Dead of Trust. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pan of this Deed of Trust. Maintenance of Insurance. Truster shall procure antl maintain policies of fire insurance wRh standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Truster, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Theater agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, than Lender may do so. If any action or proceeding is commenced that would materially affect n A v C' v, "1 —4 W ss S N L N WHEN RECORDED MAIL TO: 200302004 FIVE POINTS BANK OF HASTINGS 322 N ST JOSEPH HASTINGS. NE owl FOR RECORDER'S USE ONLY DEED OF TRUST c MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $3,540.50. \S THIS DEED OF TRUST is dated February 12, 2003, among RICHARD A RAIL and RHONDA S RAIL, C, HUSBAND AND WIFE ( "Trustor "); FIVE POINTS BANK OF HASTINGS, whose address is 322 N ST JOSEPH, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank of Hastings, whose address is P.O Box 55, Hastings, NE 68902 -0055 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, tithe, and interest in and to the following described real property, together with all existing or subsequently erected or affixed 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 other rights, royalties, and profits relating to the realproperty, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of Nebraska: LOT 12, AMICK ACRES, PART OF THE W 1/2 SW 1/4 OF SECTION 2, TOWNSHIP 9 NORTH, RANGE 10, WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF The Real Property or its address is commonly known as 120 AMICK AVE, DONIPHAN, NE 68832. Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present and future leases of the Property and all Rents from Me Property. In addition, Truster grants to Lender a Uniform Commercial Code security interest in the Personal Preachy 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 (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Trustor shall pay to Lender all amounts secured by this Dead of Trust as they become due, and shall strictly and in a timely manner perform all of Trustee's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Theater agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Propeny; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Truster represents and warrants that the Property never has been, and never will be so long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Dead of Trust. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable for cleanup or other costs under any such laws, and (2) agrees W indemnity and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are pad of this Deed of Trust: Payment. Truster shall pay when due (and in all events prior to delinquency) all taxes.. special taxes, assessments, charges (including water and sewer), fines antl impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Properly. Truster shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Dead of Trust. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pan of this Deed of Trust. Maintenance of Insurance. Truster shall procure antl maintain policies of fire insurance wRh standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Truster, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Theater agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, than Lender may do so. If any action or proceeding is commenced that would materially affect