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WHEN RECORDED MAIL TO:
<br />First State Bank
<br />Gothenburg
<br />914 Lake Avenue
<br />P.O. Box 79 FOR RECORDER'S USE ONLV
<br />Go NE 69138
<br />DEED OF TRUST.
<br />THIS DEED OF TRUST is dated April 3, 2002, among Michael A. Nickman; a single person ( "Trustor "); First
<br />State Bank, whose address is Gothenburg, 914 Lake Avenue, P.O. Box 79, Gothenburg, NE 89138 (referred
<br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and First State Bank, whose address is
<br />PO Box 79, Gothenburg, NE 89138 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, True., conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneaclary, all of Twatl right title, and Involve In and to Me folbwfng described real property, together with all existing or
<br />subsequently erected or affixetl buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities win ditch or irrigator rights); and all other rights, royaWes, and QQrofits relating . to the real property, Including
<br />without limltation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In Hall County, State of
<br />Nebraska:
<br />Lot 13, Amick Acres Second Subdivision, Hall County, Nebraska
<br />The Real Property or Its address is commonly known as 328 Campbell Avenue, Doniphan, NE 88832.
<br />CROSS COLLATERALIZATION. In addition to the Note, Mis Dead of Trust secures all obligations, dabh and liabilities, plus interest thereon, of
<br />Trustor to Lender, or any one or more of Mom, as well as all claims by Lender against Trustor or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to Me purpose of the Note, whether voluntary or onerwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidatod whether Trustor may be liable individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, antl whether the obligation to repay such amounts may be or hereafter may become otherwlse
<br />unenforceable.
<br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified In the Indebtedness definition, and without limitation,
<br />this Dead of Trust secures a revolving line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies
<br />with all the terms of the Note.
<br />Trustor presently assigns to Lender (also known As Beneficiary in this Deed of Trust) all of Trusters right, title. and interest In and to all present
<br />and future leases of the Property and all items 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 (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 onerwise provided in this Dead of Trust, Trustor shall pay to Lender all amounts secured by this
<br />Dead of Trust as they become due, and shalf strictly and In a timely manner perform all of Tmstor's obligations under the Note. Mis Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Theater's possession and use of thoProperty shall be governed by
<br />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) (2)
<br />use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain to 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 Trustors ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or Unmatched 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 Mare has bean,
<br />except as previously disclosed to and wknow aidged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, dispose], release or Mreatenetl release of anv Hazardous Substance on, under, about or
<br />fmm the Properly by any prior owners or occupants of he Property, or (c) any actual or threatened litigation or claims M 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, connector, 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 to Property; and (b) any such activity shall be conducted In compliance with all applicable
<br />federal, state, and coal laws, regulations and ordinances, including winout limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Properly to make such inspectors and tests, at Trustors expense, as Lender may deem appropriate to
<br />determine compliance of Me Properly with this section of the Deed of Trust. Any inspections or test made by Lender shall be for Landers
<br />our only and shall not be construed to create any responsibility, or (lability on the part of Lender to Trustor or W any other person The
<br />representations and warranties contained herein are based on Truslor'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 contribution in Me event Trustor
<br />becomes liable for cleanup or over costs under any swh laws; and (2) agrees to indemnify and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly austaln or sutler resulting from a breach
<br />of this section of the Deed of Trust or as a consequence of any use, genend on, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Tnutor's ownership or interest in to Property, whether or not the same was or should have been known to Trustor.
<br />The previsions of this section of the Deed of Trust, including the obligaton to indemnify, shall survive the payment of the Indebtedness and
<br />the satisfaction and rmonveyance of the lien of this Dead of Trust and shall not be affected by Lander's acquisdon of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nulmnce, 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 pedion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party
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<br />WHEN RECORDED MAIL TO:
<br />First State Bank
<br />Gothenburg
<br />914 Lake Avenue
<br />P.O. Box 79 FOR RECORDER'S USE ONLV
<br />Go NE 69138
<br />DEED OF TRUST.
<br />THIS DEED OF TRUST is dated April 3, 2002, among Michael A. Nickman; a single person ( "Trustor "); First
<br />State Bank, whose address is Gothenburg, 914 Lake Avenue, P.O. Box 79, Gothenburg, NE 89138 (referred
<br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and First State Bank, whose address is
<br />PO Box 79, Gothenburg, NE 89138 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, True., conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneaclary, all of Twatl right title, and Involve In and to Me folbwfng described real property, together with all existing or
<br />subsequently erected or affixetl buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities win ditch or irrigator rights); and all other rights, royaWes, and QQrofits relating . to the real property, Including
<br />without limltation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In Hall County, State of
<br />Nebraska:
<br />Lot 13, Amick Acres Second Subdivision, Hall County, Nebraska
<br />The Real Property or Its address is commonly known as 328 Campbell Avenue, Doniphan, NE 88832.
<br />CROSS COLLATERALIZATION. In addition to the Note, Mis Dead of Trust secures all obligations, dabh and liabilities, plus interest thereon, of
<br />Trustor to Lender, or any one or more of Mom, as well as all claims by Lender against Trustor or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to Me purpose of the Note, whether voluntary or onerwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidatod whether Trustor may be liable individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, antl whether the obligation to repay such amounts may be or hereafter may become otherwlse
<br />unenforceable.
<br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified In the Indebtedness definition, and without limitation,
<br />this Dead of Trust secures a revolving line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies
<br />with all the terms of the Note.
<br />Trustor presently assigns to Lender (also known As Beneficiary in this Deed of Trust) all of Trusters right, title. and interest In and to all present
<br />and future leases of the Property and all items 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 (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 onerwise provided in this Dead of Trust, Trustor shall pay to Lender all amounts secured by this
<br />Dead of Trust as they become due, and shalf strictly and In a timely manner perform all of Tmstor's obligations under the Note. Mis Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Theater's possession and use of thoProperty shall be governed by
<br />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) (2)
<br />use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain to 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 Trustors ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or Unmatched 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 Mare has bean,
<br />except as previously disclosed to and wknow aidged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, dispose], release or Mreatenetl release of anv Hazardous Substance on, under, about or
<br />fmm the Properly by any prior owners or occupants of he Property, or (c) any actual or threatened litigation or claims M 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, connector, 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 to Property; and (b) any such activity shall be conducted In compliance with all applicable
<br />federal, state, and coal laws, regulations and ordinances, including winout limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Properly to make such inspectors and tests, at Trustors expense, as Lender may deem appropriate to
<br />determine compliance of Me Properly with this section of the Deed of Trust. Any inspections or test made by Lender shall be for Landers
<br />our only and shall not be construed to create any responsibility, or (lability on the part of Lender to Trustor or W any other person The
<br />representations and warranties contained herein are based on Truslor'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 contribution in Me event Trustor
<br />becomes liable for cleanup or over costs under any swh laws; and (2) agrees to indemnify and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly austaln or sutler resulting from a breach
<br />of this section of the Deed of Trust or as a consequence of any use, genend on, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Tnutor's ownership or interest in to Property, whether or not the same was or should have been known to Trustor.
<br />The previsions of this section of the Deed of Trust, including the obligaton to indemnify, shall survive the payment of the Indebtedness and
<br />the satisfaction and rmonveyance of the lien of this Dead of Trust and shall not be affected by Lander's acquisdon of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />Nulmnce, 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 pedion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party
<br />
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