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WHEN RECORDED MAIL TO: Bank of Clarks 301 Al. Green P.O. Box 12: Clarks. NE 63628 -0125 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $45,000.00. THIS DEED OF TRUST Is dated February 25, 2002, among Brooke J. Ellis, as husband and joint debtor, whose address is 3323 N. Homestead Drive, Grand Island, NE 68803 and Donna Ellts, as wife and joint debtor, whose address is 3323 N. Homestead Drive, Grand Island, NE 68803 ( "Truster"); 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 is 301 N. Green, P.O. Box 125, Clarks, NE 68628 -0125 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee In tout, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trusters right, tire, and interest m and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and Axial all easements, rights of way, and appurtenances; all water, water rigMS and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, romy'allies, and profits relating to the realp roperty, including without limitation all minerals, oil gas, geothermal and similar matters, (the "Real Property' located in Hall OOUnty, State of Nebraska: Lot Seven (7), Homestead Second Subdivision, Hall County, Nebraska. The Real Property or Its address is commonly known as 3323 N. Homestead Drive, Grand Island, NE 68803. FUTURE ADVANCES. Specifically, without limaalion, this Deed of Trust secures, in addition W the amounts specified in the Note, all future amounts Lender in its discretion may loan to Truster, together with all interest thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $40,000.00. Truster 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 and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Cade security interest in the Personal Property and Rents. 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 Trust, Truster shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Too lor's obligations under the Note, this Deed of Trust, and the Related Occuments. POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Torsions possession and use of the Property shall be governed by the following provisions: Possession and Use, Until the occurrence of an Event of Default, Truster may (1) remain in possession and cannot of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from me Property. Duty to Maintain. Truster shall maintain the Property in good conditron and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Truster represents and warrants to Lender that: (1) During the period of Trusters ownership of the Property, More has been no use generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has he knowledge of, or reason to believe that there has been except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or .. +,he Property any prior owns, or occupa-tt of Me Propea, or ' ', any actual or throats^ !!!IVtion or oil of a, kind by :.try person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in wri ing, (a) neither Truster nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitatiw all Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Tester's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Truster of to any other parson. The representations and warranties contained herein are based on Trusters due diligence in investigating the Property for Hazardous Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution In the event Truster becomes Ilahle for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, parallies, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release wourring prior to Truster's ownership or interest in the Property, whether or rot the same was or should have been known to Truster. The provisions of this section of the Dead of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Dead of Trust am shall not be affected by Lender's acquisition of any interest In the Property, whether by foreclosure or otherwise. Nuisance, Waste. Truster shall net cause, conduct or permit any nuisance nor commit, Permit, or suffer any snipping of or waste on at to Me Property or any portion of the Property. Without timiling the generality of the foregoing, Trustor will not remove, or grain to any other party the right to remove, any timber, minerals (Including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior wruch consent. D m S C = 0 bc m n n Z V P C> v so m m on $1 _ p J q P T '1 3 fV ho co C.11 so N Q WHEN RECORDED MAIL TO: Bank of Clarks 301 Al. Green P.O. Box 12: Clarks. NE 63628 -0125 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $45,000.00. THIS DEED OF TRUST Is dated February 25, 2002, among Brooke J. Ellis, as husband and joint debtor, whose address is 3323 N. Homestead Drive, Grand Island, NE 68803 and Donna Ellts, as wife and joint debtor, whose address is 3323 N. Homestead Drive, Grand Island, NE 68803 ( "Truster"); 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 is 301 N. Green, P.O. Box 125, Clarks, NE 68628 -0125 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee In tout, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trusters right, tire, and interest m and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and Axial all easements, rights of way, and appurtenances; all water, water rigMS and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, romy'allies, and profits relating to the realp roperty, including without limitation all minerals, oil gas, geothermal and similar matters, (the "Real Property' located in Hall OOUnty, State of Nebraska: Lot Seven (7), Homestead Second Subdivision, Hall County, Nebraska. The Real Property or Its address is commonly known as 3323 N. Homestead Drive, Grand Island, NE 68803. FUTURE ADVANCES. Specifically, without limaalion, this Deed of Trust secures, in addition W the amounts specified in the Note, all future amounts Lender in its discretion may loan to Truster, together with all interest thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $40,000.00. Truster 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 and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Cade security interest in the Personal Property and Rents. 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 Trust, Truster shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Too lor's obligations under the Note, this Deed of Trust, and the Related Occuments. POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Torsions possession and use of the Property shall be governed by the following provisions: Possession and Use, Until the occurrence of an Event of Default, Truster may (1) remain in possession and cannot of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from me Property. Duty to Maintain. Truster shall maintain the Property in good conditron and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Truster represents and warrants to Lender that: (1) During the period of Trusters ownership of the Property, More has been no use generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has he knowledge of, or reason to believe that there has been except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or .. +,he Property any prior owns, or occupa-tt of Me Propea, or ' ', any actual or throats^ !!!IVtion or oil of a, kind by :.try person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in wri ing, (a) neither Truster nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitatiw all Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Tester's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Truster of to any other parson. The representations and warranties contained herein are based on Trusters due diligence in investigating the Property for Hazardous Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution In the event Truster becomes Ilahle for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, parallies, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release wourring prior to Truster's ownership or interest in the Property, whether or rot the same was or should have been known to Truster. The provisions of this section of the Dead of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Dead of Trust am shall not be affected by Lender's acquisition of any interest In the Property, whether by foreclosure or otherwise. Nuisance, Waste. Truster shall net cause, conduct or permit any nuisance nor commit, Permit, or suffer any snipping of or waste on at to Me Property or any portion of the Property. Without timiling the generality of the foregoing, Trustor will not remove, or grain to any other party the right to remove, any timber, minerals (Including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior wruch consent.