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WHEN RECORDED ED MAIL TO:
<br />Untied Nebraska Beat
<br />Grand Island
<br />50'a Office
<br />PO Box isle
<br />Grand Island NE 66802 FOR RECORDER'S USE run v
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated December 28, 2002, among REYNOLDS & 21SKA INC; A NEBRASKA
<br />CORPORATION. ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 6018,
<br />Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br />United Nebraska Bank , whose address Is 700 N. Webb, Grand Island, NE 68802 (referred to below as
<br />"Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee In trust, WITH POWER OF SALE, for the herein Of
<br />Lender a' Beneficiary, all of Truster'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 rights and
<br />ditch rights (including stock In utilities with ditch or Irrigation rights); and all Other rights royalties endyro6ts raising to the real property Including
<br />without limitation all minarets, oil, gas, geothermal and similar matters, (the "Real broper(y ")located In HALL County, State OT
<br />Nebraska:
<br />FRACTIONAL LOTS 7 AND 8 AND THE SOUTH 6 FEET OF LOT 9 AND THE NORTH 10 FEET OF THE
<br />SOUTH 16 FEET OF LOT 9, ALL IN FRACTIONAL BLOCK 6, ALL IN PLEASANT HILL ADDITION TO THE
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 806 EAST 9TH, GRAND ISLAND, NE 68801.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed Of Trust) all of Trustor's night, 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 IS) 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 Dead of Trust, Trustor shall pay to Lender all amounts secured by this
<br />Deed of Trust as they became tlue, and shall strictly and in a timely manner perform all of Trustor's 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 Properly 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 tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustees ownership of
<br />the Property, there has bean no use, generation, manufacture, storage, treatment, disposal, release Or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in wolfing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance On, under, about or
<br />from the Property by any poor owners or Occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authanued user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, stale, and local laws, regulations and Ordinances, including without limitation all Environmental Laws. Truster authorims Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustees expense, as Lander may deem appropriate to
<br />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
<br />purposes only and shall not be construed to create any responsibility or liability on the pad of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution In the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
<br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, Including the obligation to indemnify, shall survive the payment of the Indebtedness and
<br />the satisfaction and reconveyance, of the lien of this Dead of Trust and shall not be affected by Lenders acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
<br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scone, soil, gravel or rock products without Lender's poor
<br />written consi 1.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Properly without Lender's prior written
<br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lenders interests and to inspect the Real Property for purposes of Truster's compliance with the terms and conditions of this Deed
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<br />WHEN RECORDED ED MAIL TO:
<br />Untied Nebraska Beat
<br />Grand Island
<br />50'a Office
<br />PO Box isle
<br />Grand Island NE 66802 FOR RECORDER'S USE run v
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated December 28, 2002, among REYNOLDS & 21SKA INC; A NEBRASKA
<br />CORPORATION. ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 6018,
<br />Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br />United Nebraska Bank , whose address Is 700 N. Webb, Grand Island, NE 68802 (referred to below as
<br />"Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee In trust, WITH POWER OF SALE, for the herein Of
<br />Lender a' Beneficiary, all of Truster'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 rights and
<br />ditch rights (including stock In utilities with ditch or Irrigation rights); and all Other rights royalties endyro6ts raising to the real property Including
<br />without limitation all minarets, oil, gas, geothermal and similar matters, (the "Real broper(y ")located In HALL County, State OT
<br />Nebraska:
<br />FRACTIONAL LOTS 7 AND 8 AND THE SOUTH 6 FEET OF LOT 9 AND THE NORTH 10 FEET OF THE
<br />SOUTH 16 FEET OF LOT 9, ALL IN FRACTIONAL BLOCK 6, ALL IN PLEASANT HILL ADDITION TO THE
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 806 EAST 9TH, GRAND ISLAND, NE 68801.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed Of Trust) all of Trustor's night, 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 IS) 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 Dead of Trust, Trustor shall pay to Lender all amounts secured by this
<br />Deed of Trust as they became tlue, and shall strictly and in a timely manner perform all of Trustor's 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 Properly 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 tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustees ownership of
<br />the Property, there has bean no use, generation, manufacture, storage, treatment, disposal, release Or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in wolfing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance On, under, about or
<br />from the Property by any poor owners or Occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authanued user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, stale, and local laws, regulations and Ordinances, including without limitation all Environmental Laws. Truster authorims Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustees expense, as Lander may deem appropriate to
<br />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
<br />purposes only and shall not be construed to create any responsibility or liability on the pad of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution In the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
<br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, Including the obligation to indemnify, shall survive the payment of the Indebtedness and
<br />the satisfaction and reconveyance, of the lien of this Dead of Trust and shall not be affected by Lenders acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
<br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scone, soil, gravel or rock products without Lender's poor
<br />written consi 1.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Properly without Lender's prior written
<br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lenders interests and to inspect the Real Property for purposes of Truster's compliance with the terms and conditions of this Deed
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