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<br />WHEN RECORDED MAIL TO:
<br />PNC Bank, National Association
<br />c/o Consumer Loon Cc, (P5- PCLC-01 -II
<br />2730 Libany Avenue
<br />_ P' b M1 PA 15222 FOR RECORDER USE ONLY
<br />G PNCBAM )Lis
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $61,000.00.
<br />THIS DEED OF TRUST is dated December 22, 2001, among CECIL B BIRCHARD, whose address Is 107
<br />COMET CT, ALDA, NE 68810 and BARBARA G BIRCHARD a /k /a BARBARA GAIL MILLER, whose address is
<br />107 COMET CT. ALDA, NE 68810; Married ( "Trustor "): PNC Bank, National Association, whose address is
<br />Consumer Loan Center, 2730 Liberty Avenue, Pittsburgh, PA 15222 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary "); and PNC Bank, National Association, whose address is 2730
<br />Liberty Avenue, Pittsburgh. PA 15222 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. Far atheists. consideration. Trustor conveys to Trustee in trust, AT POWER OF SALE, for the benefit of
<br />Lender as Beneficiary. all of Truster 'a right, title, and Interest in and to the following described real property, together with all existing or
<br />sadsequenty arected or affixed buildings, imWnv.menta and fixtures; ell easements, rights of way, and appurtenances: all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rii and all other rights, royalties, and profits relating to the real
<br />property, Including without limitation all rocerea, oil gas, geothermal and similar matters, (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />See Attached Exhibit 1, which is attached to this Deed of Trust and made a part of this Dead of Trust as if
<br />fully set forth herein.
<br />The Real Property or its address is commonly known as 107 COMET CT, ALDA, NE 68810. The Real
<br />Property tax identification number is 400172836
<br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this
<br />Dead of Trust secures a revolving line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with
<br />all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that
<br />the total outstanding balance owing at any one time, not Including finance charges on such balance at a fixed or variable rate ors m e
<br />provided In the Credit Agreement, any temporary averages, other charges, and any amounts expanded or advanced ar provided in either
<br />the indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It le the intention of
<br />'rruator and Lander that this Dead of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to
<br />the Credit Limit as provided in this Deed of Trust and any intermediate balance.
<br />'reactor presently assigns to Lender (also known as Beneficiary in this Deed of Trust all of Trustur'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 Hants.
<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 ISI PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: lei this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; for the provisions of this Deed of Trust do not conflict with, or result In a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor, (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition: and lei
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Burrower).
<br />'rRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any action' or 'anti-deficiency law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, 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 Lender all Indebtedness
<br />secured by this. Deed of Trust as it becomes do., and Borrower and Trustor shall strictly perform all their respective obligations under the
<br />Credit Agreement, this Dead of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trus or's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence em
<br />nce of an Event of Default, Trustor may U r run n possession and control of the Property:
<br />(2) use, operate or manage the Pmperty; and (3) collect the Rents from the Property
<br />Duty to Melmaln. Trustor shall maintain the Property In good 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 Its During the period of Trustor 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 eason 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, III) any use, genomb e. en ..faster., storage, treatment disposal, release or Threatened release of any
<br />Hazardous Substance on, andet about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
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<br />4,tf:5,m— . ,a U,
<br />WHEN RECORDED MAIL TO:
<br />PNC Bank, National Association
<br />c/o Consumer Loon Cc, (P5- PCLC-01 -II
<br />2730 Libany Avenue
<br />_ P' b M1 PA 15222 FOR RECORDER USE ONLY
<br />G PNCBAM )Lis
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $61,000.00.
<br />THIS DEED OF TRUST is dated December 22, 2001, among CECIL B BIRCHARD, whose address Is 107
<br />COMET CT, ALDA, NE 68810 and BARBARA G BIRCHARD a /k /a BARBARA GAIL MILLER, whose address is
<br />107 COMET CT. ALDA, NE 68810; Married ( "Trustor "): PNC Bank, National Association, whose address is
<br />Consumer Loan Center, 2730 Liberty Avenue, Pittsburgh, PA 15222 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary "); and PNC Bank, National Association, whose address is 2730
<br />Liberty Avenue, Pittsburgh. PA 15222 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. Far atheists. consideration. Trustor conveys to Trustee in trust, AT POWER OF SALE, for the benefit of
<br />Lender as Beneficiary. all of Truster 'a right, title, and Interest in and to the following described real property, together with all existing or
<br />sadsequenty arected or affixed buildings, imWnv.menta and fixtures; ell easements, rights of way, and appurtenances: all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rii and all other rights, royalties, and profits relating to the real
<br />property, Including without limitation all rocerea, oil gas, geothermal and similar matters, (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />See Attached Exhibit 1, which is attached to this Deed of Trust and made a part of this Dead of Trust as if
<br />fully set forth herein.
<br />The Real Property or its address is commonly known as 107 COMET CT, ALDA, NE 68810. The Real
<br />Property tax identification number is 400172836
<br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this
<br />Dead of Trust secures a revolving line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with
<br />all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that
<br />the total outstanding balance owing at any one time, not Including finance charges on such balance at a fixed or variable rate ors m e
<br />provided In the Credit Agreement, any temporary averages, other charges, and any amounts expanded or advanced ar provided in either
<br />the indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It le the intention of
<br />'rruator and Lander that this Dead of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to
<br />the Credit Limit as provided in this Deed of Trust and any intermediate balance.
<br />'reactor presently assigns to Lender (also known as Beneficiary in this Deed of Trust all of Trustur'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 Hants.
<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 ISI PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: lei this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; for the provisions of this Deed of Trust do not conflict with, or result In a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor, (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition: and lei
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Burrower).
<br />'rRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any action' or 'anti-deficiency law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, 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 Lender all Indebtedness
<br />secured by this. Deed of Trust as it becomes do., and Borrower and Trustor shall strictly perform all their respective obligations under the
<br />Credit Agreement, this Dead of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trus or's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence em
<br />nce of an Event of Default, Trustor may U r run n possession and control of the Property:
<br />(2) use, operate or manage the Pmperty; and (3) collect the Rents from the Property
<br />Duty to Melmaln. Trustor shall maintain the Property In good 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 Its During the period of Trustor 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 eason 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, III) any use, genomb e. en ..faster., storage, treatment disposal, release or Threatened release of any
<br />Hazardous Substance on, andet about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
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