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WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#14 LeBarre
<br />C bb NE 68840 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated April 15, 2002, among RAYMOND J O' CONNOR and JENNIFER S
<br />O'CONNOR, whose address is 422 SOUTH GUNBARREL ROAD, GRAND ISLAND, NE 68801 ( "Truetor ");
<br />Exchange Bank, whose address is P.O. Box 760, #14 LeBarre, Gibbon, NE 68840 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary''); and (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. Far valuable consideration. Truster conveys to Trustee In trust. WITH POWER OF SALE, for the benefit of
<br />Lentler as Beneficiary, all of Trustar's right, title, and interest in and to the fallowing described aged property, together with all existing or
<br />subsequently erected Or affixed buildings, improvements and fixtures: all casements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without timiwter, all minerals, all, gas, geothermal and similar matters, (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />LOTS TWO(21, THREEj31, FIVE(5), SIX(8), SEVEN(7), EIGHTS), AND 14111 ), CONTINENTAL GARDENS
<br />SUBDIVISION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA(EXCEPT PART TO THE CITY
<br />OF GRAND ISLAND FOR ROAD PURPOSES)
<br />The Real Property or its address is commonly known as 3230 WEST COLLEGE & 2235 -2323 NORTH WEBB
<br />ROAD, GRAND ISLAND, NE 68801.
<br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition. and without Iimlletion, this
<br />Dead Of Treat .scums a revolving line of credit, which behalf Lentler to make Advances to Truster sn long as Truefar complies with all
<br />the arm. of the Note.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Treetl all of Trustor's right, title, and Interest in and to all
<br />present and future leases of the Properly and all Rents from the Property. In addition, lrustor grants to Lender a Uniform Ceremonial
<br />Code security Interest In the Personal Property and Runts.
<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 IBI 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. E,Our r es otherwise provided In this Deed of Trust, Truster shall pay to Lander all amounts secured by
<br />this Dead of Trust as they base.. due, and shall strictly and in a timely manner perform all of Truster 'a obligations under the Nate, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession antl use Of the Property shall be governed
<br />by the following previsions:
<br />P..eernief and Use. until the occurrence or an Event of Default, Truster may (1) remain in possession and sma l of the Property:
<br />12) use, operate Or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truster .hall malntaln the Properly in tenantahlo condition and promptly prelphe all repairs, replacements, and
<br />maintenance necessary to preserve Its value.
<br />Compliance With Environmmdal Laws. Truster represents antl we ants to Lender that: 111 During the period of Incstor's ownership
<br />of the Property, there has been n e, generation, manufacturer storage, treatment, disposal, release be threatened 'abase of any
<br />Hazardous Substance by any person me under, about or from the Property; (2) lrustor has no knowledge of, or reason to believe
<br />first there has been, except as previously disclosed to and acknowledged by Lender In writing, if) any breach or violation of any
<br />Environmental Lows, 161 any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on under about or from the Property by any prior owners or occupants of the Property, or Icl any actual nr
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender In writing. (a) neither Tuaaor nor any tenant, contractor, agent or other authorized user of the Property
<br />shell I"' r generate, paparn.ficlue. sin re, tree 1, dis pore of Or release any hazardous Substance on, under, about or from the Property:
<br />and (h) any such activity shall be conducted In compliance with all applicable federal, stare, and local laws, regulations and
<br />ciddreAFFIA1, iffental without limitation all Environmental Laws. Traitor terrorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Traswr'a expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any Inspections or tests made by Lender shall be for I Anil purposes Only and shall not be
<br />nstruad to c eat. any responsibility or liability on the part of Lender to Truster Or to any other person. The rappromntegons and
<br />warranties contained herein are based On Irustor's due diligence in Investigating the Property for Hazardous Substances. Tmsmr
<br />hereby (1) releases and waives any future claims against I. endar for indemnity or contribution In the event Truster becomes liable for
<br />cleanup or Other msw under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />facilities, damages, penalties, end expenses which Lender nmy directly or indirectly sustain or suffer resulting from a breach of this
<br />.ashen of the Dead of Trust or as a c .111mnna of any use, generation, manufacture, storage, disposal, release or threatened release
<br />s orcurring prior to Trustors ownership Or Ind ent In the Property, whether or not the scone was or should have been known to Truslor.
<br />The mnriamms of this seetian of file Dead of True,, including the Obligation to indemnify, shall survive the payment of the
<br />ndebtednoss and the satisfaction and reconveyance, of the lien of this Deed of Trust and shall not be affected by Lender acquisition
<br />of any Interest In tiro Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste- frustor shall not cause, conduct or permit any uiseeme per commit, permit, or sutler any stripping of or waste on or
<br />to the Properly Or any portion of the Property. Without lillting the generality of the foregoing, Truster will nor ra or grant to
<br />any other party the right to r any timber, mmemis (Including oil and gas), coal, clay, ruoria, call, gravel or vo ck products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trusarr shall not demolish or remove at ry I mrovemants from the Real Properly without lender's prior
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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#14 LeBarre
<br />C bb NE 68840 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated April 15, 2002, among RAYMOND J O' CONNOR and JENNIFER S
<br />O'CONNOR, whose address is 422 SOUTH GUNBARREL ROAD, GRAND ISLAND, NE 68801 ( "Truetor ");
<br />Exchange Bank, whose address is P.O. Box 760, #14 LeBarre, Gibbon, NE 68840 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary''); and (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. Far valuable consideration. Truster conveys to Trustee In trust. WITH POWER OF SALE, for the benefit of
<br />Lentler as Beneficiary, all of Trustar's right, title, and interest in and to the fallowing described aged property, together with all existing or
<br />subsequently erected Or affixed buildings, improvements and fixtures: all casements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without timiwter, all minerals, all, gas, geothermal and similar matters, (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />LOTS TWO(21, THREEj31, FIVE(5), SIX(8), SEVEN(7), EIGHTS), AND 14111 ), CONTINENTAL GARDENS
<br />SUBDIVISION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA(EXCEPT PART TO THE CITY
<br />OF GRAND ISLAND FOR ROAD PURPOSES)
<br />The Real Property or its address is commonly known as 3230 WEST COLLEGE & 2235 -2323 NORTH WEBB
<br />ROAD, GRAND ISLAND, NE 68801.
<br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition. and without Iimlletion, this
<br />Dead Of Treat .scums a revolving line of credit, which behalf Lentler to make Advances to Truster sn long as Truefar complies with all
<br />the arm. of the Note.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Treetl all of Trustor's right, title, and Interest in and to all
<br />present and future leases of the Properly and all Rents from the Property. In addition, lrustor grants to Lender a Uniform Ceremonial
<br />Code security Interest In the Personal Property and Runts.
<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 IBI 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. E,Our r es otherwise provided In this Deed of Trust, Truster shall pay to Lander all amounts secured by
<br />this Dead of Trust as they base.. due, and shall strictly and in a timely manner perform all of Truster 'a obligations under the Nate, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession antl use Of the Property shall be governed
<br />by the following previsions:
<br />P..eernief and Use. until the occurrence or an Event of Default, Truster may (1) remain in possession and sma l of the Property:
<br />12) use, operate Or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truster .hall malntaln the Properly in tenantahlo condition and promptly prelphe all repairs, replacements, and
<br />maintenance necessary to preserve Its value.
<br />Compliance With Environmmdal Laws. Truster represents antl we ants to Lender that: 111 During the period of Incstor's ownership
<br />of the Property, there has been n e, generation, manufacturer storage, treatment, disposal, release be threatened 'abase of any
<br />Hazardous Substance by any person me under, about or from the Property; (2) lrustor has no knowledge of, or reason to believe
<br />first there has been, except as previously disclosed to and acknowledged by Lender In writing, if) any breach or violation of any
<br />Environmental Lows, 161 any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on under about or from the Property by any prior owners or occupants of the Property, or Icl any actual nr
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender In writing. (a) neither Tuaaor nor any tenant, contractor, agent or other authorized user of the Property
<br />shell I"' r generate, paparn.ficlue. sin re, tree 1, dis pore of Or release any hazardous Substance on, under, about or from the Property:
<br />and (h) any such activity shall be conducted In compliance with all applicable federal, stare, and local laws, regulations and
<br />ciddreAFFIA1, iffental without limitation all Environmental Laws. Traitor terrorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Traswr'a expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any Inspections or tests made by Lender shall be for I Anil purposes Only and shall not be
<br />nstruad to c eat. any responsibility or liability on the part of Lender to Truster Or to any other person. The rappromntegons and
<br />warranties contained herein are based On Irustor's due diligence in Investigating the Property for Hazardous Substances. Tmsmr
<br />hereby (1) releases and waives any future claims against I. endar for indemnity or contribution In the event Truster becomes liable for
<br />cleanup or Other msw under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />facilities, damages, penalties, end expenses which Lender nmy directly or indirectly sustain or suffer resulting from a breach of this
<br />.ashen of the Dead of Trust or as a c .111mnna of any use, generation, manufacture, storage, disposal, release or threatened release
<br />s orcurring prior to Trustors ownership Or Ind ent In the Property, whether or not the scone was or should have been known to Truslor.
<br />The mnriamms of this seetian of file Dead of True,, including the Obligation to indemnify, shall survive the payment of the
<br />ndebtednoss and the satisfaction and reconveyance, of the lien of this Deed of Trust and shall not be affected by Lender acquisition
<br />of any Interest In tiro Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste- frustor shall not cause, conduct or permit any uiseeme per commit, permit, or sutler any stripping of or waste on or
<br />to the Properly Or any portion of the Property. Without lillting the generality of the foregoing, Truster will nor ra or grant to
<br />any other party the right to r any timber, mmemis (Including oil and gas), coal, clay, ruoria, call, gravel or vo ck products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trusarr shall not demolish or remove at ry I mrovemants from the Real Properly without lender's prior
<br />
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