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<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
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