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2 m UP T� I P\ DEED OF TRUST THIS DEED OF TRUST is dated July 1, 2002, among GARY D CHRISTENSEN ( "Truster "); United Nebraska ry Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and United Nebraska Bank , whose address Is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valusake consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of Lender AN Beneficiary, all of Truslor's III title, and Interest In and to the following described real properly, together with all existing or subsegnenlly erected or affla d buildings, improvements and flxturesl 911 easement, III of way, and appurtenances; all water, water rights and ditch rights (including stack In utilities with ditch or Irrigation rights)) and all other rights, royalties, and milt relating to the real property Including without untaltpn all minerals, oil, gas, geothermal and similar matters, (the "Real Property') I2ooaletl In HALL Coultty, $fete 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 he address is Commonly known as 3820 E SEEDLING MILE ROAD, GRAND ISLAND, NE 68801. Truslor presently assigns to Lender (also known as Beneficiary In this Dead Of Trust) 011 OI Trustois right, title, and interest In and to all present and future leases of the Property and all Rents from the Property. In addilien, Trustor great to Lender a Uniform Commercial Code 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. Exmpl as otherwise provided In this Deed Of Trust, Trustor shall pay to Lender or amounts secured by this Deed of Trust As they become due, and shall strictly and In a timely manner perform all of TrustOi Obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Tru s 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 (I) remain in possession and control of the Properly, (2) use, operate or menage the Property, and (3) collect the Rents from the Property. Duty to Maintain. Truslor shall maintain the Property in good condition and premplly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Truslor represents and warrants to Lender Per (I) During the period of Trustor's ownership of the Property, there has been no use, generation, menuffec , storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor bss no knowledge of or reason to believe that there has been, except as previously dtclssed to and acknowledged by Lender in wriMg, (e) any breech or violelion of any Environmental Laws, (b) any e, generation, manufacture. storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or From the Property by any prior owners Or Occupants of the Property, or (c) any actual or threatened Opinion or claims of any kind by any person relating to such matters, and (3) Except as previously disclosed to and acknowledged by Lender in writing, (e) neither Truslor nor any tenant contractor, agent or other authorized user of the Property shall use generate, manufacture, slate, treat, dispose Of or release any Hazardous Substance on, under, about or from the Pmperry: and (b) any such activity shall be conducted in compliance with all applicable federal, stale, and local laws, reOularns and ordinances, including without limitation all Environmental Laws. Truslor aufforizes Lender and its agents to enter upon the Properly to make such Inspections and tests, of Tmslors expense, as Lender may Mom appropriate to determine compliance of Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for lander'S purposes only and shall not be construad to create any responsibility or liability on the pad of Lender to Truster or to any other person. The representations and warranties contained herein are based an Truslor's due diligence In Investigating the Properly for Hazardous Substances. Trustor real (1) releases and waives any future claims against Lender for indemnity or contribution In the event Truster becomes liable for cleanup Or other cods under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all of this testes, liabillites, damages, penalties. and expenses which Lander may directly or indirectly sustain or suffer resulling ham a breech of this section of the Deed o Tr of Trust ownership as a consequence of any use, generation, ttheS manufacturs, mew sort should ldhave been known or Ito Trustor. nod wing prior to section of a Dead of or Interest In the Property , whether to In a not Ins same was or should have been known b Truslor. the pmvtlons OHMS rrown 01 the Deed lien Trust, including De the obligation Trust a nd s to Inot be off shell survive Pa payment 01 the of Indebtedness and the 5erty, whet and rereclosure o 01 the Ilan of this Deed of Trust end shall not be affected by Lenders acquisition of any interest in the Property, whether by foreclosure Or otherwise Nuisance, Waste. TmSIM shall not Cause, Conduct or permit any nulsance nor commit, permit, or suffer any slapping of or waste an or to the Properly Or any force of the Property. Without Ilmiflng the generality of the foregoing, Truslor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), teal, clay, scone, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Trustor shell not derne ish or remove any Improvements from the Real Property without Lender's prior written consent As a condition to the removal Of any Improvements, Lender may require Truslor to make arrangements s ffmactory to Lender to eplace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Properly at all reasonable times to attend to Lender s interests and to inspect the Reel Properly for purposes of Truslois compliance with the terms and conditions of this Dead of Trust. onN ncs m m I v o a n to a m n M1, o. for N V 9 70 L Pro 1 I\ c- foo 1 h`0 G> O a cD ook N Yl Z be O IL TO: 2002090.E FOR RECORDER'S USE ONLY P\ DEED OF TRUST THIS DEED OF TRUST is dated July 1, 2002, among GARY D CHRISTENSEN ( "Truster "); United Nebraska ry Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and United Nebraska Bank , whose address Is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valusake consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of Lender AN Beneficiary, all of Truslor's III title, and Interest In and to the following described real properly, together with all existing or subsegnenlly erected or affla d buildings, improvements and flxturesl 911 easement, III of way, and appurtenances; all water, water rights and ditch rights (including stack In utilities with ditch or Irrigation rights)) and all other rights, royalties, and milt relating to the real property Including without untaltpn all minerals, oil, gas, geothermal and similar matters, (the "Real Property') I2ooaletl In HALL Coultty, $fete 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 he address is Commonly known as 3820 E SEEDLING MILE ROAD, GRAND ISLAND, NE 68801. Truslor presently assigns to Lender (also known as Beneficiary In this Dead Of Trust) 011 OI Trustois right, title, and interest In and to all present and future leases of the Property and all Rents from the Property. In addilien, Trustor great to Lender a Uniform Commercial Code 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. Exmpl as otherwise provided In this Deed Of Trust, Trustor shall pay to Lender or amounts secured by this Deed of Trust As they become due, and shall strictly and In a timely manner perform all of TrustOi Obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Tru s 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 (I) remain in possession and control of the Properly, (2) use, operate or menage the Property, and (3) collect the Rents from the Property. Duty to Maintain. Truslor shall maintain the Property in good condition and premplly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Truslor represents and warrants to Lender Per (I) During the period of Trustor's ownership of the Property, there has been no use, generation, menuffec , storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor bss no knowledge of or reason to believe that there has been, except as previously dtclssed to and acknowledged by Lender in wriMg, (e) any breech or violelion of any Environmental Laws, (b) any e, generation, manufacture. storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or From the Property by any prior owners Or Occupants of the Property, or (c) any actual or threatened Opinion or claims of any kind by any person relating to such matters, and (3) Except as previously disclosed to and acknowledged by Lender in writing, (e) neither Truslor nor any tenant contractor, agent or other authorized user of the Property shall use generate, manufacture, slate, treat, dispose Of or release any Hazardous Substance on, under, about or from the Pmperry: and (b) any such activity shall be conducted in compliance with all applicable federal, stale, and local laws, reOularns and ordinances, including without limitation all Environmental Laws. Truslor aufforizes Lender and its agents to enter upon the Properly to make such Inspections and tests, of Tmslors expense, as Lender may Mom appropriate to determine compliance of Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for lander'S purposes only and shall not be construad to create any responsibility or liability on the pad of Lender to Truster or to any other person. The representations and warranties contained herein are based an Truslor's due diligence In Investigating the Properly for Hazardous Substances. Trustor real (1) releases and waives any future claims against Lender for indemnity or contribution In the event Truster becomes liable for cleanup Or other cods under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all of this testes, liabillites, damages, penalties. and expenses which Lander may directly or indirectly sustain or suffer resulling ham a breech of this section of the Deed o Tr of Trust ownership as a consequence of any use, generation, ttheS manufacturs, mew sort should ldhave been known or Ito Trustor. nod wing prior to section of a Dead of or Interest In the Property , whether to In a not Ins same was or should have been known b Truslor. the pmvtlons OHMS rrown 01 the Deed lien Trust, including De the obligation Trust a nd s to Inot be off shell survive Pa payment 01 the of Indebtedness and the 5erty, whet and rereclosure o 01 the Ilan of this Deed of Trust end shall not be affected by Lenders acquisition of any interest in the Property, whether by foreclosure Or otherwise Nuisance, Waste. TmSIM shall not Cause, Conduct or permit any nulsance nor commit, permit, or suffer any slapping of or waste an or to the Properly Or any force of the Property. Without Ilmiflng the generality of the foregoing, Truslor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), teal, clay, scone, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Trustor shell not derne ish or remove any Improvements from the Real Property without Lender's prior written consent As a condition to the removal Of any Improvements, Lender may require Truslor to make arrangements s ffmactory to Lender to eplace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Properly at all reasonable times to attend to Lender s interests and to inspect the Reel Properly for purposes of Truslois compliance with the terms and conditions of this Dead of Trust.