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WHEN RECORDED MAIL TO: 2, 0 0 2 0 1 9 fJ ,f'7
<br />United Nebraska Bank
<br />Grand Island Office
<br />PO ad, 6015
<br />tl I 1 tl NE 88902 FOR RECORDER'S USE O(N\LY` ,
<br />CONSTRUCTION DEED OF TRUST VJ
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT\
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT _
<br />THIS DEED OF TRUST Is dated February 15, 2002, among ROBERT W GIESENHAGEN; A SINGLE PERSON
<br />( "Trustor "); United Nebraska Bank, whose address Is Grand Island Office, PO Box 5018, Grand Island, NE
<br />68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and United Nebraska
<br />Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truslor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Benefidery, 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 axioms; all easements, fights of way, and appurtenances; ell water, water rights and
<br />ditch rights (including ion 1 stock in utilities, with
<br />geothermal land similar matters, other 4ol lllert and Ieosted In HALL County Including f
<br />without limitation ell minerals, oil, gas, ( Pe Y )
<br />Nebraska:
<br />LOT FIVE (5) IN FRANCIS COURT SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />The Real Property or its address is commonly known as 1314 W CHARLES N5, GRAND ISLAND, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Dead of Trust secures, In addition to the amounts specified In the Note, all future
<br />amounts Lender in its discretion may loan to Truster, together with all Interest thereon; however, in no event shell such future advances (excluding
<br />interest) exceed in the aggregate $25,000.00.
<br />Trustor presently assigns to Lender (also known as Baneforany in this Deed of Trust) all of Truster'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, Truster 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 (S) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF MUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Truster 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 Truster's obligations under the Note, this Dead of Total,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trusters possession and use of theProperty shall be governed by
<br />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 Properly; and (3) collect the Rants from the Property.
<br />Duty 10 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. Truster represents and warrants to Lender that (I) During the period of Truster's ownership of
<br />the Property, there has been no use generation, manufacture, storage, treatment, dlaposal, 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 Envkonansdal Laws, (b) any
<br />use, generation, manufacture, slovage, treatment, disposal, release of 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, dispos0 of or release any
<br />Hazardous Substance on, under, about or from the Properly; and (b) any such activily shall be conducted In compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, Including without Ilmtiation all Environmental Laws. Truster authorizes Lender and
<br />its agents to enter upon the Property to make such Inspections and tests, at Trustor's expense, as Lender may doom appropriate to
<br />determine compliance of the Properly with this when of the Deed of Trust. Any inspections or tests made by Lender shelf be for Lender's
<br />purposes only and shall not be construed to create any responsibility Or liability on the pad of Lander to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence In investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contributed In the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and an
<br />claims, losses, liabilities, damages, penallies, and expenses which Lender may directly or indirectly suslaln or suffer resulting from a breach
<br />of this section of the Deetl of Trust or as a consequence of any use, generation. manufacture, storage, disposal, release or threatened
<br />release occurring prior to Truster's ownership or interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and
<br />the satisfaction and reconveryence of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any uisance nor commit, permit, or suffer any stripping of or waste on or to the
<br />Property or any portion Of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party
<br />the right to remove, any Umber, minerals (including cil and gas), coal, clay, scoria, soli, gravel or rook products without Lender's prior written
<br />consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
<br />consent. A5 a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
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<br />WHEN RECORDED MAIL TO: 2, 0 0 2 0 1 9 fJ ,f'7
<br />United Nebraska Bank
<br />Grand Island Office
<br />PO ad, 6015
<br />tl I 1 tl NE 88902 FOR RECORDER'S USE O(N\LY` ,
<br />CONSTRUCTION DEED OF TRUST VJ
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT\
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT _
<br />THIS DEED OF TRUST Is dated February 15, 2002, among ROBERT W GIESENHAGEN; A SINGLE PERSON
<br />( "Trustor "); United Nebraska Bank, whose address Is Grand Island Office, PO Box 5018, Grand Island, NE
<br />68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and United Nebraska
<br />Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truslor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Benefidery, 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 axioms; all easements, fights of way, and appurtenances; ell water, water rights and
<br />ditch rights (including ion 1 stock in utilities, with
<br />geothermal land similar matters, other 4ol lllert and Ieosted In HALL County Including f
<br />without limitation ell minerals, oil, gas, ( Pe Y )
<br />Nebraska:
<br />LOT FIVE (5) IN FRANCIS COURT SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />The Real Property or its address is commonly known as 1314 W CHARLES N5, GRAND ISLAND, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Dead of Trust secures, In addition to the amounts specified In the Note, all future
<br />amounts Lender in its discretion may loan to Truster, together with all Interest thereon; however, in no event shell such future advances (excluding
<br />interest) exceed in the aggregate $25,000.00.
<br />Trustor presently assigns to Lender (also known as Baneforany in this Deed of Trust) all of Truster'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, Truster 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 (S) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF MUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Truster 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 Truster's obligations under the Note, this Dead of Total,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trusters possession and use of theProperty shall be governed by
<br />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 Properly; and (3) collect the Rants from the Property.
<br />Duty 10 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. Truster represents and warrants to Lender that (I) During the period of Truster's ownership of
<br />the Property, there has been no use generation, manufacture, storage, treatment, dlaposal, 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 Envkonansdal Laws, (b) any
<br />use, generation, manufacture, slovage, treatment, disposal, release of 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, dispos0 of or release any
<br />Hazardous Substance on, under, about or from the Properly; and (b) any such activily shall be conducted In compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, Including without Ilmtiation all Environmental Laws. Truster authorizes Lender and
<br />its agents to enter upon the Property to make such Inspections and tests, at Trustor's expense, as Lender may doom appropriate to
<br />determine compliance of the Properly with this when of the Deed of Trust. Any inspections or tests made by Lender shelf be for Lender's
<br />purposes only and shall not be construed to create any responsibility Or liability on the pad of Lander to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence In investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contributed In the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and an
<br />claims, losses, liabilities, damages, penallies, and expenses which Lender may directly or indirectly suslaln or suffer resulting from a breach
<br />of this section of the Deetl of Trust or as a consequence of any use, generation. manufacture, storage, disposal, release or threatened
<br />release occurring prior to Truster's ownership or interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and
<br />the satisfaction and reconveryence of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any uisance nor commit, permit, or suffer any stripping of or waste on or to the
<br />Property or any portion Of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party
<br />the right to remove, any Umber, minerals (including cil and gas), coal, clay, scoria, soli, gravel or rook products without Lender's prior written
<br />consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
<br />consent. A5 a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
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