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DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $89,000.00. v` 0 THIS DEED OF TRUST is dated September 27, 2002, among Stanley Thomas, whose address is 1007 West vC 12th Street, Grand Island, NE 68801 and Lana Veverka, whose address is 1007 West 12th Street, Grand isi?nd, NE 68801 ( "Trustor "); Farmers State Bank, whose address is 2nd and Vine, P. O. Box 246, Sliver Creek, NE 68663 -0246 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Farmers State Bank, whose address is P. 0. Box 246, Silver Creek, NE 68663 -0246 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the !ollowing described real property, together with all existing or sut:sequentiy er cted or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, State of Nebraska: Lot Two (2), in Block Five (5), in Gilberts Addition to the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 1007 West 12th Street, Grand Island, NE 68801. CROSc—C^LI_ATERALIZATION. In addition !c the Note, this Deed of Trust socuies all obligations, debts and liabilities, plus interest thereon, of Trustor to Ler.'L -, r„ env one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether new existing cr hereafter arts rg, v., )ether related or unrelated to the purpose of the No!e, whether voluntary or otherwise, whether due or r,ol due, direct or indirect, delermin; d or undetermined, absolute or cone -gent, liquidated or unlrgwdaled whether Trustor may be liable individually or joint.y with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures. in addition to the amounts specified in the Note, all future c :n!s Lenre: in its d'scretion may loan to Trustor, together with all interest thereon. Trus'c prer.ent;y assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to ail present and iuture lecses of the Property and all Rents from the Property. !n addition, Trust- grants to Lender a Uniform Commercial Code security nlF;est :r. 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 -F 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, Trustor shali pay to Lender all amounts secured by th!s Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the followirg provisions: Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Truster shall maintain the Property in goo0 condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value:. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the pariod of Trustor's ownership of the Property, there 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 no knowledge of, or reason to believe that there has been, except as previously ul;ulosed 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 from the Property by any prior owners or occupants ,! the Property, or (c) any actual or threatened litigation or rlaims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any !enant, 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 federai, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and is agents to enter upon the Property to make such inspecaions and tests, at Trustor's expense, as 1-9nder 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 Trustor or to any other person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such taws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Geed of Trust, including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whalher by foreclosure or otherwise. 70 rn f n r. 1 D _- M s7 FT > r) Fri L'Ll M t1) - m M WHEN RECORCED MAIL TO: 20021063t; < Farmers State Bank C 22nd and Vine Fr P. O. Box 216 (0 Silver Creek. NF 68663 -0216 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $89,000.00. v` 0 THIS DEED OF TRUST is dated September 27, 2002, among Stanley Thomas, whose address is 1007 West vC 12th Street, Grand Island, NE 68801 and Lana Veverka, whose address is 1007 West 12th Street, Grand isi?nd, NE 68801 ( "Trustor "); Farmers State Bank, whose address is 2nd and Vine, P. O. Box 246, Sliver Creek, NE 68663 -0246 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Farmers State Bank, whose address is P. 0. Box 246, Silver Creek, NE 68663 -0246 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the !ollowing described real property, together with all existing or sut:sequentiy er cted or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, State of Nebraska: Lot Two (2), in Block Five (5), in Gilberts Addition to the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 1007 West 12th Street, Grand Island, NE 68801. CROSc—C^LI_ATERALIZATION. In addition !c the Note, this Deed of Trust socuies all obligations, debts and liabilities, plus interest thereon, of Trustor to Ler.'L -, r„ env one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether new existing cr hereafter arts rg, v., )ether related or unrelated to the purpose of the No!e, whether voluntary or otherwise, whether due or r,ol due, direct or indirect, delermin; d or undetermined, absolute or cone -gent, liquidated or unlrgwdaled whether Trustor may be liable individually or joint.y with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures. in addition to the amounts specified in the Note, all future c :n!s Lenre: in its d'scretion may loan to Trustor, together with all interest thereon. Trus'c prer.ent;y assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to ail present and iuture lecses of the Property and all Rents from the Property. !n addition, Trust- grants to Lender a Uniform Commercial Code security nlF;est :r. 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 -F 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, Trustor shali pay to Lender all amounts secured by th!s Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the followirg provisions: Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Truster shall maintain the Property in goo0 condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value:. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the pariod of Trustor's ownership of the Property, there 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 no knowledge of, or reason to believe that there has been, except as previously ul;ulosed 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 from the Property by any prior owners or occupants ,! the Property, or (c) any actual or threatened litigation or rlaims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any !enant, 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 federai, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and is agents to enter upon the Property to make such inspecaions and tests, at Trustor's expense, as 1-9nder 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 Trustor or to any other person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such taws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Geed of Trust, including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whalher by foreclosure or otherwise.