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� J <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 7, 2003, among Gordon L O'Neill and Colleen K O'Neill, Husband and <br />Wife, whose address is 1833 N Hancock, Grand Island, NE 68803; ("Trustor"); United Nebraska Bank, whose <br />address is Grand Island Office, PO Box 5018, Grand Island, NE 66802 (referred to below sometimes as <br />"Lander" and sometimes as "Beneficiary "); and United Nebraska Bank , whose address is 700 N. Webb, Grand <br />Island, NE 68802 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustar conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lander as Beneficiary, all of Trustor'. 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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall <br />County, State of Nebraska: <br />Lot Six (6), in Block Six (6), In Wiebe's Addition to the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 518 W John, Grand Island, NE 68801. The Real <br />Property tax identification number is 400138964. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security 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 (e) 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 <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Truster's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 0 ) remain in possession and control of the Property; <br />12) 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 necessary to preserve Its value. <br />Compliance With Environmental Laws. Truster represents and warrants to Lender that: (1) During the period of Truster's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; 12) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing. (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Properly <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and Ib) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Truster's expense, as Lender may deem appropriate to determine compliance of the Property <br />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 <br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based on Trustor'. due diligence in investigating the Property for Hazardous Substances. Truster <br />hereby 0 ) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and 12) agrees to indemnify and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this <br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release <br />occurring prior to Truster'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 <br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition <br />of any interest in the 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 <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rack product. <br />without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lander to 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 Lender's Interests and to inspect the Real Property for purposes of Truster's compliance with the terms and conditions of <br />T I <br />(a <br />c <br />{ <br />CI <br />ti <br />v <br />x <br />a <br />C1 <br />' <br />\ <br />A <br />o <br />o <br />rill <br />f <br />N <br />i <br />N <br />a <br />7G <br />2 <br />I <br />m <br />ti m <br />o <br />m <br />C3 <br />(J <br />T <br />CJ <br />n <br />'y <br />WHEN RECORDED MAIL TO: <br />Z <br />United Nebraska Bank <br />C <br />Grand Office <br />Pro Sot <br />sore <br />Grand Island NE 68802 <br />Grand nd I <br />FOR RECORDER'S USE ONLY <br />� J <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 7, 2003, among Gordon L O'Neill and Colleen K O'Neill, Husband and <br />Wife, whose address is 1833 N Hancock, Grand Island, NE 68803; ("Trustor"); United Nebraska Bank, whose <br />address is Grand Island Office, PO Box 5018, Grand Island, NE 66802 (referred to below sometimes as <br />"Lander" and sometimes as "Beneficiary "); and United Nebraska Bank , whose address is 700 N. Webb, Grand <br />Island, NE 68802 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustar conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lander as Beneficiary, all of Trustor'. 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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall <br />County, State of Nebraska: <br />Lot Six (6), in Block Six (6), In Wiebe's Addition to the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 518 W John, Grand Island, NE 68801. The Real <br />Property tax identification number is 400138964. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security 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 (e) 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 <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Truster's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 0 ) remain in possession and control of the Property; <br />12) 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 necessary to preserve Its value. <br />Compliance With Environmental Laws. Truster represents and warrants to Lender that: (1) During the period of Truster's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; 12) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing. (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Properly <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and Ib) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Truster's expense, as Lender may deem appropriate to determine compliance of the Property <br />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 <br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based on Trustor'. due diligence in investigating the Property for Hazardous Substances. Truster <br />hereby 0 ) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and 12) agrees to indemnify and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this <br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release <br />occurring prior to Truster'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 <br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition <br />of any interest in the 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 <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rack product. <br />without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lander to 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 Lender's Interests and to inspect the Real Property for purposes of Truster's compliance with the terms and conditions of <br />