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<br />W EN RECORDE MAIL TO: 200209611
<br />W N
<br />United Nebraska Bank
<br />Grand Island OMce
<br />PO Box sots
<br />Grand 1 &and. NE aaaDS FOR RECORDER'S USE ONLY
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />THIS DEED OF TRUST Is dated September 10, 2002, among TIMOTHY C PLATE, AN UNMARRIED
<br />INDIVIDUAL; RUDOLF F PLATE and JEANNICE R PLATE, HUSBAND AND WIFE; ( "Truster "); United
<br />Nebraska Bank, whose address Is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary "); and United Nebraska Bank , whose
<br />address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title. and Interest in and to the following described real property, together with all mistng or
<br />subsequently erected or affixed buildings, improvements and fixtures; ail easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real properly includinr,gg
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located in Hall County, $hate DI
<br />Nebraska:
<br />LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10),
<br />ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14), FIFTEEN (15), SIXTEEN (16), SEVENTEEN
<br />(17), EIGHTEEN (18), NINETEEN (19), TWENTY (20), TWENTY -ONE (21), TWENTY -TWO (22),
<br />TWENTY -THREE (23) AND TWENTY -FOUR (24), IN WESTWOOD PARK SEVENTH SUBDIVISION IN THE
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as Lots 1 thru 24 along Sandalwood Dr, Teakwood
<br />Circle and Rosewood Circle, Grand Island, NE 68803. The Real Property tax identification number is
<br />400150263
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them', whether now
<br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due,
<br />direct or Indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Bonower or Trustor may be liable
<br />individually or jointly with others, whether obligated as guarantor, surety, accommodation parry or otherwise, and whether recovery upon such
<br />amounts may be or hereafter may become named by any statute of limitations, and whether the obligafion to repay such amounts may be or
<br />hereafter may become otherwise unenforceable.
<br />Trustor preachify assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Trustor's right, title, and interest In and to all present
<br />and future lasses of the Property and all Rents from the Properly. 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not
<br />at the request of Lender; (b) Trustor has the full power, fight, and authority to enter into this Dead of Trust and to hypothecate the Property; (c)
<br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agraemenl or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor, (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to
<br />Trustor about Borrower (including without limitatlon the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti - deficiency" law, or any other law
<br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender Is otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or cromplefinn of any foreclosure action, either judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shell pay to Lender all Indebtedness secured by
<br />this Dead of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Dead of
<br />Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor 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 the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Lewis. Trustor represents and warrants to Lender that: (1) During the period of Trusters ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened 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 there has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
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