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Ai `1 C) S n v n c (J Gr 2 1 h l' x n s `M1M17j 'J v � tJ 0 3 CJ N z O WHEN RECORDED MAIL TO: 200302070 United stand Nebraska Bank Grand Island Offca PO Box 5018 G tl brand, NE 88802 FOR RECORDER'S USE ONLY DEED OF TRUST -5�;� THIS DEED OF TRUST is dated February 20, 2003, among SIDNEY W SMITH and TAMI S SMITH; HUSBAND AND WIFE ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office. PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (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 Tomenn's right, title, 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 rightsl; and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HOWARD County, State of Nebraskan See EXHIBIT "A ", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as LOUP RIVER ROAD, DANNEBROG, NE 68831. Truster presently assigns to Lender false known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest In and to all present and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender o 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 (B) 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: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Truster shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and In a timely manner perform all of Trustor'a obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster's possession and use of the Property shall he governed by the following provisions: Possession and Use. Until The occurrence of an Event of Default, Truster may 111 remain in possession and control of the Property; (2) use, operate or manage the Property: and (3) collect the Rents from the Property. Duty to Maintain. Truster shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Truster represents and warrants to Lender that: (1) During the period of Trustor'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 on under, about or from the Property; (2) Truster has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws. @) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (a) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Truster nor any tenant, contractor, agent or other authorized user of the Properly shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance aa, under, about or from the Property: and Ibl any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Truster's expense, as Lender may deem appropriate to determine compliance of the Property 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 construed to create any respordeArllty or liability on the part at Lender to Trustor or to any other person. The representations and warranties contained herein are based on Truster's due diligence in investigating the Property for Hazardous Substances. Trustor heeby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable tar cleanup or other costs under any such laws: and (2) agrees to Indemnify and hold harmless Lender against any and all claims, leases, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this action of the Deed of Trust or as a r, sequence of any use, generation, manufacture storage, disposal, release or threatened release occurring prior to Truster's ownership or Interest In the Property, whether or not the same was or should have been known to Truster. The provisions of this section of the Deed of Trust including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Truster shall not CaUser Conduct or pormlt any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limping the generality of the foregoing, Truster will not remove, or grant to any other party the right to remove, any timber, minerals including oil and goal, coal, clay, sauna, sell, gravel or rock products without Lender 'a prior written current Removal of Improvements. Truster shall net demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lentler to replace such Improvements with Improvements of at least equal value. Lender 'a Right to Enter. Lender and Ler dcr's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's 'minerals and to inspect the Heal Property for purposes of Truster's compliance with the terms and conditions of this Deed of Trust. ca 2 ti N oo r c.t O r n N cr �c O 'e� N ti turd C N z O WHEN RECORDED MAIL TO: 200302070 United stand Nebraska Bank Grand Island Offca PO Box 5018 G tl brand, NE 88802 FOR RECORDER'S USE ONLY DEED OF TRUST -5�;� THIS DEED OF TRUST is dated February 20, 2003, among SIDNEY W SMITH and TAMI S SMITH; HUSBAND AND WIFE ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office. PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (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 Tomenn's right, title, 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 rightsl; and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HOWARD County, State of Nebraskan See EXHIBIT "A ", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as LOUP RIVER ROAD, DANNEBROG, NE 68831. Truster presently assigns to Lender false known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest In and to all present and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender o 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 (B) 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: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Truster shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and In a timely manner perform all of Trustor'a obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster's possession and use of the Property shall he governed by the following provisions: Possession and Use. Until The occurrence of an Event of Default, Truster may 111 remain in possession and control of the Property; (2) use, operate or manage the Property: and (3) collect the Rents from the Property. Duty to Maintain. Truster shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Truster represents and warrants to Lender that: (1) During the period of Trustor'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 on under, about or from the Property; (2) Truster has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws. @) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (a) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Truster nor any tenant, contractor, agent or other authorized user of the Properly shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance aa, under, about or from the Property: and Ibl any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Truster's expense, as Lender may deem appropriate to determine compliance of the Property 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 construed to create any respordeArllty or liability on the part at Lender to Trustor or to any other person. The representations and warranties contained herein are based on Truster's due diligence in investigating the Property for Hazardous Substances. Trustor heeby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable tar cleanup or other costs under any such laws: and (2) agrees to Indemnify and hold harmless Lender against any and all claims, leases, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this action of the Deed of Trust or as a r, sequence of any use, generation, manufacture storage, disposal, release or threatened release occurring prior to Truster's ownership or Interest In the Property, whether or not the same was or should have been known to Truster. The provisions of this section of the Deed of Trust including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Truster shall not CaUser Conduct or pormlt any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limping the generality of the foregoing, Truster will not remove, or grant to any other party the right to remove, any timber, minerals including oil and goal, coal, clay, sauna, sell, gravel or rock products without Lender 'a prior written current Removal of Improvements. Truster shall net demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lentler to replace such Improvements with Improvements of at least equal value. Lender 'a Right to Enter. Lender and Ler dcr's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's 'minerals and to inspect the Heal Property for purposes of Truster's compliance with the terms and conditions of this Deed of Trust.