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m <br />/� -mit re <br />Y• 2 n L7 �" A, 9 m o O. <br />rn do N n o <br />T 1 T z <br />n do t zl o <br />CD <br />N r S CD <br />`.j c1l v ay <br />N Q <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank 200303447 <br />Grand Island Office <br />PO Box 5018 <br />G rand Island. NE 68802 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 21, 2003, among Reynolds & Ziska, Inc., a Nebraska Corporation, <br />whose address is 239 S Lakeside, Grand Island, NE 68801; ( "TLUMOr "); United Nebraska Bank, whose (i <br />address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as <br />"Lender" 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, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as 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 <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 Four (4), in South Grand Island, an Addition to the City of Grand Island, Hell County, <br />Nebraska <br />The Real Property or its address is commonly known as 715 S Pine, Grand Island, NE 68801. The Real <br />Property tax identification number is 400093723. <br />Truster presently assigns to Lander (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 Hants from the Property. In addition, Truster 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 (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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrants that: le) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Truster has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Dead of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Truster and do not result in a violation of any law, regulation, court decree or order applicable to Truster; (d) Truster has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Truster about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti - deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Truster, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lander all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the <br />Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Truster's possession and use of <br />the Property shall be governed 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; <br />(2) use, operate or manage the Property; and Of 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. Truster represents and warrants to Lender that: (11 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; (2) Truster 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, ft) 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 Truster nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, stare, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and (b) 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. Truster authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Truster's expanse, 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 Truster or to any other person. The representations and <br />warranties contained herein are based on Truster's due diligence in investigating the Property for Hazardous Substances. Truster <br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable for <br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expanses 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 Truster. <br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the <br />