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WHEN RECORDED MAIL TO: 200203512 Bank of Clarks 301 N. Green O P.. x 125 CJ kc BoNE 68528-0125 FORRECORDEWSUSEO��NLYppp�� DEED OF TRUST �y MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any onetime $100,000.00. l THIS DEED OF TRUST is dated March 25, 2002, among Kelly D. Luedtke, a single person, whose address is 2917 Circle Drive, Grand Island, NE 68801 and Christine S. Behrens, a single person, whose address is " 2917 Circle Drive, Grand Island, NE 68801 ( "Trustor "); Bank of Clarks, . whose address is 301 N. Green, P.O. Box 125, Clarks, NE 68628 -0125 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Bank of Clarks, whose address -Is301 N. Green, P.O. Box 125, Clarks, NE 68628.0125 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In bust WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Treador's right, title, and Interest in and to the fallowing deacnbed real property, together with all existing. Or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appu monme; all water, water rights end ditch rghts (Including stock In utilities with ditch or irrigation rights); and all other rights ro m1pe and pprofits slump to the real apoety, moludi,g without limitation all minerals, oil, gas, geothermal and similar manes, (the "Flee) FWroperty "I IOcated In Hall County, State of Nebraska: See Exhibit "A ", which Is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or Its address is commonly known as 2917 Circle Drive, Grand Island, NE 68801. FUTURE ADVANCES. Specifically, without limitation, this Dead of Trust secures, in addition to the amounts Specified in the Note, of future amounts Lender in its discretion may loan to Trustor, together with all Interest thereon; however, In no event shall such future advances (excluding interest) exceed in Me aggregate 8100,000.00: Trustor presently assigns to Lander (also known as 8eneficiary in MIS Deed of Twat) all of Trueness right, title, and interest in and b all present and future losses of Me Property and all Rents from the Property. in additlon, Trustor grants to Lender a Uniform Commercial Cade security, interest in Me Personal Property and Rants. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Twat, Trustor shall pay to Lender all amounts secured by this Deed of Twat as May become due, and shall strictly and in a timely manner perform . all of Trustor's obligations under the Note, this Deed Of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truster's possession and use of the Property shall be governed by the following provisions: Pea asston and Use. Until Me occumenm of W Event of Default, Trust rem or may (1) am '. in possession and control of no Property; (2) use, operate or manage Me Property; and (3) wiled Me Rome from Me Property. Duty to Maintain. Trustor shall maintain no Property in good condition and promptly perform all repairs, replacements, ant maintenance necessary to preserve ICS Value, Compliance With Environmental Laws. Trustor represents and warrants to Lender Mat: (1) During the period of Twstore ownership of Me Property, more nee been no use, generation, manufacture, storage, treatment, diaposse, release or Mreatened release of any Horrendous Substance by any person on, under, about or from Me Property; (2) Trustor has ne knowledge of, or reason to believe Mat Mere has been, except as previously disclosed to and acknowledged by Lander in writing,. (a) any breach nee violation of any Environmental Laws, tter, M) a or use, generation, manufacture, Stooge, twomort, disposal, release or threatened release of any Hazardous Substance on, from Me Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or clams, of any kind by any person relating to such matters; and (3) Except as previously disclosed M and acknowledged by Lander in writing, (a) neither Trustee nor any tenam, contractor, agent or other authorized user of the Property shall use, generate, manufacture, score, treat, dispose of or release any Hazardous Substarw W. under, Stout or from the Property; and (b)' any such acki ty shall he conducted In complance with sit applicable federal, state, and local laws, regulations and ordinances, fackohn, without limunden all Enelmnmenlai Laws. Trustor authorizes Lender and Its agams to enter upon the Property to make such inspections and tests, at Trustees expense, m Lender may deem appropriate to determine compliance of Me Property. with MIS section of Me Dead Of Trua Any Impactions or tests made by Lander stall be for Lenders purposes only and shall not he construed to create any responsibility or liability oe the pan of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Truster's due dlllgenoe in Investigating the Preperty for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in Me event T,usto becomes table for Cleanup or other costs under any such laws; and (2) agrees to iridemmfy and hold harmless Lender against any and all claims, losses, liabilities, damages, Penalties, and expenses which Lender may directly or Indirectly Sud ein or suffer resulting from a breach of this section of Me Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release Occurring prier W Trustor', ownership or interest in the Property, whether or not the same was or should have been known to Trustor. The provisions of this secticn of the Deed of Trust, including the obligation M Indemnity, shall survive the payment of Me Indebtedness and am satisfaction and reconswance of Me lien of sea Deed of Trust and shall not be affected by Lenders acquisition of any interact in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor comma permit, or suffer any stripping of or waste on or to the Property or any portion of Me Property. Without Iimlting the generality a the foregoing, Truster will not remove, or grant he arty other parry Me right to remove, any timber, minerals (including oil and goal, mill, clay, scoria, soil, gravel or tack product, without Lender's prior written consent st rn rn o a m st On Oo ci` ch n i WHEN RECORDED MAIL TO: 200203512 Bank of Clarks 301 N. Green O P.. x 125 CJ kc BoNE 68528-0125 FORRECORDEWSUSEO��NLYppp�� DEED OF TRUST �y MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any onetime $100,000.00. l THIS DEED OF TRUST is dated March 25, 2002, among Kelly D. Luedtke, a single person, whose address is 2917 Circle Drive, Grand Island, NE 68801 and Christine S. Behrens, a single person, whose address is " 2917 Circle Drive, Grand Island, NE 68801 ( "Trustor "); Bank of Clarks, . whose address is 301 N. Green, P.O. Box 125, Clarks, NE 68628 -0125 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Bank of Clarks, whose address -Is301 N. Green, P.O. Box 125, Clarks, NE 68628.0125 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In bust WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Treador's right, title, and Interest in and to the fallowing deacnbed real property, together with all existing. Or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appu monme; all water, water rights end ditch rghts (Including stock In utilities with ditch or irrigation rights); and all other rights ro m1pe and pprofits slump to the real apoety, moludi,g without limitation all minerals, oil, gas, geothermal and similar manes, (the "Flee) FWroperty "I IOcated In Hall County, State of Nebraska: See Exhibit "A ", which Is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or Its address is commonly known as 2917 Circle Drive, Grand Island, NE 68801. FUTURE ADVANCES. Specifically, without limitation, this Dead of Trust secures, in addition to the amounts Specified in the Note, of future amounts Lender in its discretion may loan to Trustor, together with all Interest thereon; however, In no event shall such future advances (excluding interest) exceed in Me aggregate 8100,000.00: Trustor presently assigns to Lander (also known as 8eneficiary in MIS Deed of Twat) all of Trueness right, title, and interest in and b all present and future losses of Me Property and all Rents from the Property. in additlon, Trustor grants to Lender a Uniform Commercial Cade security, interest in Me Personal Property and Rants. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Twat, Trustor shall pay to Lender all amounts secured by this Deed of Twat as May become due, and shall strictly and in a timely manner perform . all of Trustor's obligations under the Note, this Deed Of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truster's possession and use of the Property shall be governed by the following provisions: Pea asston and Use. Until Me occumenm of W Event of Default, Trust rem or may (1) am '. in possession and control of no Property; (2) use, operate or manage Me Property; and (3) wiled Me Rome from Me Property. Duty to Maintain. Trustor shall maintain no Property in good condition and promptly perform all repairs, replacements, ant maintenance necessary to preserve ICS Value, Compliance With Environmental Laws. Trustor represents and warrants to Lender Mat: (1) During the period of Twstore ownership of Me Property, more nee been no use, generation, manufacture, storage, treatment, diaposse, release or Mreatened release of any Horrendous Substance by any person on, under, about or from Me Property; (2) Trustor has ne knowledge of, or reason to believe Mat Mere has been, except as previously disclosed to and acknowledged by Lander in writing,. (a) any breach nee violation of any Environmental Laws, tter, M) a or use, generation, manufacture, Stooge, twomort, disposal, release or threatened release of any Hazardous Substance on, from Me Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or clams, of any kind by any person relating to such matters; and (3) Except as previously disclosed M and acknowledged by Lander in writing, (a) neither Trustee nor any tenam, contractor, agent or other authorized user of the Property shall use, generate, manufacture, score, treat, dispose of or release any Hazardous Substarw W. under, Stout or from the Property; and (b)' any such acki ty shall he conducted In complance with sit applicable federal, state, and local laws, regulations and ordinances, fackohn, without limunden all Enelmnmenlai Laws. Trustor authorizes Lender and Its agams to enter upon the Property to make such inspections and tests, at Trustees expense, m Lender may deem appropriate to determine compliance of Me Property. with MIS section of Me Dead Of Trua Any Impactions or tests made by Lander stall be for Lenders purposes only and shall not he construed to create any responsibility or liability oe the pan of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Truster's due dlllgenoe in Investigating the Preperty for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in Me event T,usto becomes table for Cleanup or other costs under any such laws; and (2) agrees to iridemmfy and hold harmless Lender against any and all claims, losses, liabilities, damages, Penalties, and expenses which Lender may directly or Indirectly Sud ein or suffer resulting from a breach of this section of Me Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release Occurring prier W Trustor', ownership or interest in the Property, whether or not the same was or should have been known to Trustor. The provisions of this secticn of the Deed of Trust, including the obligation M Indemnity, shall survive the payment of Me Indebtedness and am satisfaction and reconswance of Me lien of sea Deed of Trust and shall not be affected by Lenders acquisition of any interact in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor comma permit, or suffer any stripping of or waste on or to the Property or any portion of Me Property. Without Iimlting the generality a the foregoing, Truster will not remove, or grant he arty other parry Me right to remove, any timber, minerals (including oil and goal, mill, clay, scoria, soil, gravel or tack product, without Lender's prior written consent