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<br />Deed of
<br />Trust, Security Agreement
<br />and
<br />Fixture Financing Statement (Nebraska)
<br />04
<br />") May
<br />17
<br />2002
<br />This Dead of Trust, Security
<br />Agreement and Fxtum Financing Statement ("Depict Trust is made
<br />I_
<br />by and
<br />,
<br />between Michael
<br />T. Leaman and Ralisa E. Leaman, Husband and Wife
<br />__.
<br />pie "Trustor")still Wells Fargo Bank Nebraska N.A. _
<br />( the "Tiustce'9, a cerebral banking assaciation, and Wells Fargo Bank Nebraska, N.A
<br />((he "Beneflceary "I, a national banking association. WITNESSETH:
<br />IF THIS BOX IS CHECKED ❑ THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND
<br />CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DFSrRIBED BELOW.
<br />WHFREA S,
<br />ER Tnrsea, has executed and delivered to Beneficiary a "dire"." ante en the enncipal sum of
<br />One Hundred Twenty—Fiye Thousand and no/100
<br />Dollars ($ 125,000.00 _L dated April 11 , 2000 , payable to the order of Beneficiary and having a maturity of
<br />April lit 2005 , together with interest thereon, late charges, prepayment penalties, any future advances, and all
<br />extensions, modifications, substitutions and dmic.ls'heli of (hereinafter the "Note )
<br />(the "Br, to ti e has applied to Berry far a for ere to m re loans, ferrets of d Ott, or other financial eccommodahons and me y hereaiar
<br />ban time to time apply to omm"I Beneficiary tar additional mans, letters of credit and other financial accommodations, and fo induce Beneficiary
<br />to provide financial accommodations to Borrower:
<br />❑ if this box is checked, Truster has guaranteed to Beneficiary the payment and performance of each and every debt, liability and
<br />obligation of every type and description which Borrower may now or at any time hereafter owe to Beneficiary (whether such debt,
<br />liability or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to became
<br />due, absolme or contingent, primary or secondary, liquidated or undiandated, bribed, several or joint and severap,
<br />❑ If this box is checked Truster he, quantified to Beneficiary the payment and performance of the debt, liability or obligation of
<br />eonuwer to Beneficiary evidenced by or arising out of the following:
<br />and any extension, renewals or replacements thereof, together with accrued interest thereon and related costs of enforcement aid
<br />collection expenses, pursuant to a Guaranty thereinafter the "Guaranty") of even date herewith.
<br />Trusror shall also pay all other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust
<br />and the performance of the covenants and agreements of Treanor, whether or not set forth herein and perform, discharge and comply with
<br />every form, covenant, obligation and agreement of Truster contained herein or incorporated by reference /Director's obligations order the
<br />Note or the Guaranty, as applicable, and all such other sums are hereinafter collectively referred to as the "Obligations ").
<br />NOW, THEREFORE, in consideration of the premises and for the purpose of securing file Obligations, Trus air irrevocably 9rents
<br />and transfers to Trustee, in trust, WITII POWER OF SALE, the ratio wing described property located in the County of
<br />Ha II , State of Nebraska:
<br />Parcel l: Lot 15, Block 3, Le Heights Second Subdivision, City of Grand Island, Hall
<br />County, Nebraska
<br />Parcel 2: Lot 11, Capitol Heights 5Th Subdivision in the City of Grand Island, Hall
<br />County, Nebraska
<br />SUBJECT Ter easements and restrictions of record, and:
<br />together with BI all buildings, structures, additions, enlargements, modib'catems, repairs, replacements, and emprovaments now or hereafter
<br />located thereon, (11) all equipment, machinery and /extores tenduding, without lace tion, all fighting, hearing, ventilating, coaling, air
<br />cond/llomng, sprinkling and plumbing fixtures, wader and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels,
<br />carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers,
<br />electrical equipment, storm and screen windows, doors, awnings and shades/ now or hereafter attached m, or border any building
<br />improvement or improvement now or hereafter located thereon, (iii/ all easements and rights of way appurtenant thereto, ev) ail leasehold
<br />estate, man. fide and interest Of Trusror in led to all leases, whether now or hereafter existing or entered into (including without limitation,
<br />I// cash and secur/ty deposits, advance rentals and deposits or payments of a similar nature), pertaining thare.m. lvl all rents, issues, profits
<br />and income therefrom (subject to the right of Tracer to collecr and apply such rents, issues, profits and income as they become due and
<br />payable so long as no event of default exists hereunder), op all royalties, mineral, oil and gas limits and profits, water, water rights, and
<br />water stock, end all tenements, heredhaments, pnmleges and appurtenances belonging, osed or enjoyed in retroaction therewith, and real) all
<br />proceeds of conversion, voluntary or involuntary, It any of the foregoing into cash or liquidated claims (including, without himlation,
<br />proceeds of insurance and condemnation awardsl. all of which are hereinafter collectively the "Trust Property
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br />1. Title Dotter covenants, wanants and agrees with Beneficiary its successors and assigns, that Trusser owns the Trust Property tsubject
<br />to any land sale contract described above) and has the right to convey the Trust Property, that the Trust Properly es free from any prior lien
<br />or encumbrance except as otherwise listed above, that this Deed of Trust is and will remaen a valid and enforceable lien on the Treat
<br />Property, that Trusror, at its expense, will preserve such title this th
<br />e and will maintain e's Deed of Trust as a lien upon e Trust Property and will
<br />forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever Trustoc at ids
<br />expense, will cause this Deed of Tmsp and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Treat
<br />Property en such manner and in such place and will rake such action as in the npime of Trustee may be required by any present or future
<br />law in order to perfect, maintain and protect the lien of this Deed of Trust, as ilia same may be amended or supplemented from time to time
<br />Truster well make such further assurance or assurances to perfect its title to the Trust Property as may be required by Ben. /iciary Holm'
<br />hereby relinquishes all right of dower and homestead m and to the Trust Property. Page I of B
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