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WHEN RECORDED MAIL TO: 200303072
<br />FIVE POINTS BANK OF HASTINGS
<br />MAIN BANK
<br />3815 OSBORNE DRIVE WEST
<br />HASTINGS NE 68981 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $74,700.56.
<br />THIS DEED OF TRUST is dated March 14, 2003, among DOUBLE S PROPERTIES, L.L.C.; A LIMITED G
<br />LIABILITY COMPANY, SCOT C DEWITT; A SINGLE PERSON and STEWART D SCHAUB; A SINGLE PERSON
<br />( "Trustor" ); FIVE POINTS BANK OF HASTINGS , whose address. is MAIN BANK, 2815 OSBORNE DRIVE
<br />WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br />and Five Points Bank of Hastings, a Division of Hometown Bank, whose address is P.0 Box 55, Hastings,
<br />NE 68902 -0055 (referred to below as '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 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, and profits relating to the real property including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real property') coated In HALL County, State OT
<br />Nebraska:
<br />THE EASTERLY ONE -THIRD (1/3) OF LOT THREE (3) IN BLOCK SIXTY -FOUR (64) IN THE ORIGINAL
<br />TOWN, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SURVEYED, PLATTED AND
<br />RECORDED
<br />The Real Property or Its address is commonly known as 313 W 3RD ST, GRAND ISLAND, NE 68801. The
<br />Real Property tax identification number is 400005301
<br />CROSS- COLLATERALRATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Trustor to Lentler, or any one or more of them, as well as all claims by Lender against Truster or 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, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Truster may be liable individually or jointly with
<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 to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<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 the 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 w they become due, and shall strictly and in a timely manner perform all of Trustees obligations under the Note, this Dead of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed
<br />by the following provisions:
<br />Possession and Use. Unfit 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 repalm, replacements, and
<br />maintenance necessary to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make
<br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) 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 (2) agrees to indemnity and hold harmless Lender against any and all claims and losses
<br />resulting from a breach of this paragraph of the Dead of Trust. This obligation to indemnify shall survive the payment of the Indebtedness
<br />and the satisfaction of this Deed of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Dead
<br />of Trust upon the sale or transfer, without Lenders prior written consent, of all or any part of the Real Properly, or any interest in the Real Property.
<br />A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for dead, leasehold interest with
<br />a term greater than three (3) years, lease-opfion contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust
<br />holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Trustor is a corporation,
<br />partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25 %) of the voting
<br />stack, partnership interests or limited liability company interests, as the case may be, of such Trustor. However, this option shall not be exercised
<br />by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the texas and liens on the Property are part of this Dead of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges ( including water
<br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims far work done on or for
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<br />WHEN RECORDED MAIL TO: 200303072
<br />FIVE POINTS BANK OF HASTINGS
<br />MAIN BANK
<br />3815 OSBORNE DRIVE WEST
<br />HASTINGS NE 68981 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $74,700.56.
<br />THIS DEED OF TRUST is dated March 14, 2003, among DOUBLE S PROPERTIES, L.L.C.; A LIMITED G
<br />LIABILITY COMPANY, SCOT C DEWITT; A SINGLE PERSON and STEWART D SCHAUB; A SINGLE PERSON
<br />( "Trustor" ); FIVE POINTS BANK OF HASTINGS , whose address. is MAIN BANK, 2815 OSBORNE DRIVE
<br />WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br />and Five Points Bank of Hastings, a Division of Hometown Bank, whose address is P.0 Box 55, Hastings,
<br />NE 68902 -0055 (referred to below as '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 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, and profits relating to the real property including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real property') coated In HALL County, State OT
<br />Nebraska:
<br />THE EASTERLY ONE -THIRD (1/3) OF LOT THREE (3) IN BLOCK SIXTY -FOUR (64) IN THE ORIGINAL
<br />TOWN, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SURVEYED, PLATTED AND
<br />RECORDED
<br />The Real Property or Its address is commonly known as 313 W 3RD ST, GRAND ISLAND, NE 68801. The
<br />Real Property tax identification number is 400005301
<br />CROSS- COLLATERALRATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Trustor to Lentler, or any one or more of them, as well as all claims by Lender against Truster or 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, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Truster may be liable individually or jointly with
<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 to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<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 the 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 w they become due, and shall strictly and in a timely manner perform all of Trustees obligations under the Note, this Dead of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed
<br />by the following provisions:
<br />Possession and Use. Unfit 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 repalm, replacements, and
<br />maintenance necessary to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make
<br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) 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 (2) agrees to indemnity and hold harmless Lender against any and all claims and losses
<br />resulting from a breach of this paragraph of the Dead of Trust. This obligation to indemnify shall survive the payment of the Indebtedness
<br />and the satisfaction of this Deed of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Dead
<br />of Trust upon the sale or transfer, without Lenders prior written consent, of all or any part of the Real Properly, or any interest in the Real Property.
<br />A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for dead, leasehold interest with
<br />a term greater than three (3) years, lease-opfion contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust
<br />holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Trustor is a corporation,
<br />partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25 %) of the voting
<br />stack, partnership interests or limited liability company interests, as the case may be, of such Trustor. However, this option shall not be exercised
<br />by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the texas and liens on the Property are part of this Dead of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges ( including water
<br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims far work done on or for
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