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<br />WHEN RECORDED MAIL TO 2 Q O' O 2 ppppaa�� LD 0 0 C
<br />Geneva State Bank
<br />P.O. Box 313
<br />es' G 8Vest
<br />Geneve. NE,_ 6 381 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST L
<br />G
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $1,100,000.00. "-S-
<br />THIS DEED OF TRUST is dated March 7, 2003, among W. B. P. Partnership, whose address is P O Boxes
<br />540434, Omaha, NE 68154 -0434; a Nebraska Partnership ( "Trustor" ); Geneva State Bank, whose address is
<br />P.O. Box 313, 896 G Street, Geneve, NE 68361 (referred to below sometimes as "Lender" and sometimes
<br />as "Beneficiary "); and GENEVA STATE BANK, whose address is P.O. Box 313, Geneva, NE 68361 (referred
<br />to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor movers 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 property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and futures; 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, ro allies, and profits relating to the reael roperty, including
<br />without limitation an minerals, oil, gas, geothermal and similar matters, (the "Heal Property " / located In Hall County, State of
<br />Nebraska:
<br />See attached Exhibit "A"
<br />The Real Property or its address is commonly known as Webb Road, Grand Island, NE. The Real Property
<br />tax Identification number is 400149834
<br />CROSS- COLLATERALI2:ATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilites, plus interest thereon, of
<br />Truster to Lender, or any one or more of them, as well as all claims by Lender against Truster of any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, director
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unllquldated whether Trustor may i liable indiviuua;ry o, jviuty w
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, and whether the obligation W repay such amounts may be or hereafter may became otherwise
<br />unenforceable.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust Secures, In addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future advances (exclrxling
<br />interest) exceed in the aggregate S1,10M000.00.
<br />Trustor 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
<br />and future leases of Me Property and all Rents from the Property. In addition, Trustor 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, Tmstor shall pay M Lender all amounts secured by this
<br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Dead of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Tonsil possesslon 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, Trustor 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. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance nee:essu ry to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of
<br />Me Property, there has been 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 Mat there has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, (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 prior 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 authorized user of Me Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from Me Property; and (b) any such activity shall be conducted In compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />Its agents to enter upon Me Property to make such inspections and tests, at Trustor's expense, as Lender may deem approprate to
<br />determine compliance of the Property with this section of the Deed of Trust. My 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 part of Lender to Trustor or to any all 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 Me event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnity 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 Me Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Dead of Trust, including the obligation to indemnity, shall survive Me payment of the Indebtedness and
<br />the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lenders acquisition of any interest in Me
<br />
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