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WHEN RECORDED MAIL TO:
<br />Exchange Bank 200306499
<br />P.O. Box 760
<br />#14 LaBarre
<br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated May 20, 2003, among JOMIDA, INC; A NEBRASKA CORPORATION �'
<br />( "Trustor "); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to otl
<br />below sometimes as "Lender" and sometimes as "Beneficiary"); and (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 ") located in
<br />County,
<br />LOTS THREE(3) AND FOUR(4) IN BLOCK EIGHTY THREE(83), IN THE ORIGINAL TOWN, NOW CITY OF
<br />GRAND ISLAND, HALL COUNTY, NEBRASKA. LOTS NUMBERED FIFTY SIX(56) AND FIFTY SEVEN(57),
<br />IN THE SOUTHWEST QUARTER OF THE SCHOOL SECTION ADDITION TO THE CITY OF KEARNEY, AS
<br />THE SAME IS LOCATED AND LAID OUT ON SECTION THIRTY SIX(36), TOWNSHIP NINE(9) NORTH,
<br />RANGE SIXTEEN(16), WEST OF THE 6TH P.M., BUFFALO COUNTY, NEBRASKA. LOT NUMBERED FIFTY
<br />EIGHT(58), IN THE SOUTHWEST QUARTER OF THE SCHOOL SECTION ADDITION TO THE CITY OF
<br />KEARNEY, NEBRASKA, AS THE SAME IS LAID OUT ON THE SOUTHWEST(SW1 /4), OF SECTION THIRTY
<br />SIX(36), TOWNSHIP NINE(9) NORTH, OF RANGE SIXTEEN(16), WEST OF THE 6TH P.M., BUFFALO
<br />COUNTY, NEBRASKA. LOTS 9 AND 10 , BLOCK 6, PADDOCK'S ADDITION TO BEATRICE, PLATTED ON
<br />PART OF THE SOUTH HALF OF SOUTHWEST QUARTER(S1 /2SW1/4) OF SECTION TWENTY SEVEN(27),
<br />TOWNSHIP FOUR(4)NORTH, RANGE SIX(6) EAST OF THE 6TH P.M., GAGE COUNTY, NEBRASKA. A
<br />TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
<br />THIRTEEN(13), TOWNSHIP SEVEN(7) NORTH, RANGE TEN(10) WEST OF THE 6TH P.M., ADAMS
<br />COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE
<br />CENTER OF SAID SECTION , THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER 988.58 FEET
<br />TO A POINT 3.50 FEET NORTH OF THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST
<br />QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE WESTERLY AND
<br />PARALLEL TO SAID SOUTH LINE 35.0 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING
<br />WESTERLY AND PARALLEL TO SAID SOUTH LINE 150.0 FEET; THENCE NORTHERLY AND PARALLEL
<br />TO SAID EAST LINE OF SAID QUARTER 120.0 FEET; THENCE EASTERLY 150.0 FEET; THENCE
<br />SOUTHERLY 120.0 FEET TO THE POINT OF BEGINNING.. CONTAINING A CALCULATED AREA OF 0.41
<br />ACRES, MORE OR LESS, IN ADAMS COUNTY, NEBRASKA.
<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 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 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 Deed 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. 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 necessary 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 />the 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 that 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 the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the 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
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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank 200306499
<br />P.O. Box 760
<br />#14 LaBarre
<br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated May 20, 2003, among JOMIDA, INC; A NEBRASKA CORPORATION �'
<br />( "Trustor "); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to otl
<br />below sometimes as "Lender" and sometimes as "Beneficiary"); and (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 ") located in
<br />County,
<br />LOTS THREE(3) AND FOUR(4) IN BLOCK EIGHTY THREE(83), IN THE ORIGINAL TOWN, NOW CITY OF
<br />GRAND ISLAND, HALL COUNTY, NEBRASKA. LOTS NUMBERED FIFTY SIX(56) AND FIFTY SEVEN(57),
<br />IN THE SOUTHWEST QUARTER OF THE SCHOOL SECTION ADDITION TO THE CITY OF KEARNEY, AS
<br />THE SAME IS LOCATED AND LAID OUT ON SECTION THIRTY SIX(36), TOWNSHIP NINE(9) NORTH,
<br />RANGE SIXTEEN(16), WEST OF THE 6TH P.M., BUFFALO COUNTY, NEBRASKA. LOT NUMBERED FIFTY
<br />EIGHT(58), IN THE SOUTHWEST QUARTER OF THE SCHOOL SECTION ADDITION TO THE CITY OF
<br />KEARNEY, NEBRASKA, AS THE SAME IS LAID OUT ON THE SOUTHWEST(SW1 /4), OF SECTION THIRTY
<br />SIX(36), TOWNSHIP NINE(9) NORTH, OF RANGE SIXTEEN(16), WEST OF THE 6TH P.M., BUFFALO
<br />COUNTY, NEBRASKA. LOTS 9 AND 10 , BLOCK 6, PADDOCK'S ADDITION TO BEATRICE, PLATTED ON
<br />PART OF THE SOUTH HALF OF SOUTHWEST QUARTER(S1 /2SW1/4) OF SECTION TWENTY SEVEN(27),
<br />TOWNSHIP FOUR(4)NORTH, RANGE SIX(6) EAST OF THE 6TH P.M., GAGE COUNTY, NEBRASKA. A
<br />TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
<br />THIRTEEN(13), TOWNSHIP SEVEN(7) NORTH, RANGE TEN(10) WEST OF THE 6TH P.M., ADAMS
<br />COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE
<br />CENTER OF SAID SECTION , THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER 988.58 FEET
<br />TO A POINT 3.50 FEET NORTH OF THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST
<br />QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE WESTERLY AND
<br />PARALLEL TO SAID SOUTH LINE 35.0 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING
<br />WESTERLY AND PARALLEL TO SAID SOUTH LINE 150.0 FEET; THENCE NORTHERLY AND PARALLEL
<br />TO SAID EAST LINE OF SAID QUARTER 120.0 FEET; THENCE EASTERLY 150.0 FEET; THENCE
<br />SOUTHERLY 120.0 FEET TO THE POINT OF BEGINNING.. CONTAINING A CALCULATED AREA OF 0.41
<br />ACRES, MORE OR LESS, IN ADAMS COUNTY, NEBRASKA.
<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 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 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 Deed 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. 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 necessary 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 />the 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 that 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 the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the 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
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