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DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $50,000.00.
<br />THIS DEED OF TRUST is dated February 17, 2003, among CHAD W VIETH and TIFFANY K VIETH; HUSBAND
<br />AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand
<br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five
<br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as
<br />"Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real properly, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In HALL County, State of
<br />Nebraska:
<br />LOT EIGHT (8), BLOCK ONE (1), BRENTWOOD SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND,
<br />HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 3113 BRENTWOOD DR, GRAND ISLAND, NE
<br />68801 -7220.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, ail future
<br />amounts Lender in its discretion may loan to Truster, together with all interest thereon; however, in no event shall such future advances (excluding
<br />interest) exceed in the aggregate 850,000.00.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustar's right, title, and interest in and to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Code security
<br />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, Trustor shall pay to Lender all amounts secured by this
<br />Deed of Trust as they become due, and shell strictly and in a timely manner perform all of Trusters obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession and use of the Property shall be governed
<br />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: (2)
<br />use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truster shall maintain the Property in goad condition and promptly perform all repairs, replacements, and maintenance
<br />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 of
<br />the Properly, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Haeardous
<br />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,
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<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
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<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $50,000.00.
<br />THIS DEED OF TRUST is dated February 17, 2003, among CHAD W VIETH and TIFFANY K VIETH; HUSBAND
<br />AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand
<br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five
<br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as
<br />"Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real properly, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In HALL County, State of
<br />Nebraska:
<br />LOT EIGHT (8), BLOCK ONE (1), BRENTWOOD SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND,
<br />HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 3113 BRENTWOOD DR, GRAND ISLAND, NE
<br />68801 -7220.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, ail future
<br />amounts Lender in its discretion may loan to Truster, together with all interest thereon; however, in no event shall such future advances (excluding
<br />interest) exceed in the aggregate 850,000.00.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustar's right, title, and interest in and to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Code security
<br />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, Trustor shall pay to Lender all amounts secured by this
<br />Deed of Trust as they become due, and shell strictly and in a timely manner perform all of Trusters obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession and use of the Property shall be governed
<br />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: (2)
<br />use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truster shall maintain the Property in goad condition and promptly perform all repairs, replacements, and maintenance
<br />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 of
<br />the Properly, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Haeardous
<br />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,
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