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n <br />S <br />AU <br />m <br />T <br />C <br />N Z <br />S N <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Grand Island Off Ice <br />PO Box Ole <br />Grand Island NE 88802 FOR RECORDERS 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 23, 2002, among KEVIN HULSE and TAMMIE HULSE; HUSBAND <br />AND WIFE ( "Truster "); United Nebraska Bank, whose address Is Grand Island Office, PO Box 5018, Grand <br />Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and United <br />Nebraska Bank , whose 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 Trusim's right, title, and interest In and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, Improvements and Wares; all 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 reel property, mcludinyy <br />without limitation all minerals, oil, gas, geothermal and similar militant, (the "Real Property') located in HALL County, State of <br />Nebraska: <br />LOT ONE (1), KATZBERG SUBDIVISION, IN HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 4280 W WILDWOOD DR, GRAND ISLAND , NE <br />68803. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest in and to all present <br />and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Code security <br />interest in the Personal Properly 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Truster shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Truster's obligation under the Note, this deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain In possession and control of the Properly; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duly to Maintain. Truster shall maintain the Property In good condition and promptly perform all repairs, replacements, and maintenance <br />necessary to preserve its value. <br />Compliance With Environmental Lewis. Truster represents and warrants to Lender that: (1) During the period of Truster's ownership of <br />the Properly, 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) Truster has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (e) any breach or viola ch 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 Properly, or (c) any actual or threatened lingaton or claims of any kind by any <br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Truster nor <br />any tenant, contractor, agent or other authorized user of the Property shell use, generate, manufacture, store, heat, dispose of or release any <br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable <br />federal, slate, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Truster authorizes Lender end <br />its agents to enter upon the Property to make such inspections and tests, at Truster's expense, as Lender may deem appropriate to <br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the pan of Lender to Truster or to any other person. The <br />representalions and warranties contained herein are based on Truster's due diligence In investigating the Properly for Hazardous <br />Substances. Truster hereby (H releases and waives any future claims against Lender for indemnity or contribulion in the event Truster <br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prier to Truster's ownership or interest in the Property, whether or not the same was or should have been known to Truster. <br />The provisions of this section of the Deed of Trust, Including the obligation to indemnity, shall survive the payment of the Indebtedness and <br />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 <br />Properly, whether by foreclosure or otherwise. <br />Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stepping of or waste on or to <br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to any other <br />party the right to remove, any timber, minerals (including oil and gas), coat, clay, scoria, soil, gravel or rock products without Lender's poor <br />written consent. <br />Removal of Improvements. Truster shall not demolish or remove any Improvements from the Real Property without Lender's prior written <br />consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lender to <br />replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />attend to Lender's interests and to inspect the Real Properly for purposes of Truster's compliance with the terms and conditions of this Deed <br />I'k <br />M <br />CD <br />CV <br />a <br />H <br />y <br />C <br />a <br />mot• <br />f <br />O <br />2 <br />D <br />T <br />N <br />n <br />2 <br />O <br />O N <br />O <br />JC <br />N <br />O -i <br />N <br />A <br />r✓ <br />�1 � <br />N <br />U <br />m <br />W <br />O <br />N <br />N <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Grand Island Off Ice <br />PO Box Ole <br />Grand Island NE 88802 FOR RECORDERS 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 23, 2002, among KEVIN HULSE and TAMMIE HULSE; HUSBAND <br />AND WIFE ( "Truster "); United Nebraska Bank, whose address Is Grand Island Office, PO Box 5018, Grand <br />Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and United <br />Nebraska Bank , whose 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 Trusim's right, title, and interest In and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, Improvements and Wares; all 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 reel property, mcludinyy <br />without limitation all minerals, oil, gas, geothermal and similar militant, (the "Real Property') located in HALL County, State of <br />Nebraska: <br />LOT ONE (1), KATZBERG SUBDIVISION, IN HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 4280 W WILDWOOD DR, GRAND ISLAND , NE <br />68803. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest in and to all present <br />and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Code security <br />interest in the Personal Properly 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Truster shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Truster's obligation under the Note, this deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain In possession and control of the Properly; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duly to Maintain. Truster shall maintain the Property In good condition and promptly perform all repairs, replacements, and maintenance <br />necessary to preserve its value. <br />Compliance With Environmental Lewis. Truster represents and warrants to Lender that: (1) During the period of Truster's ownership of <br />the Properly, 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) Truster has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (e) any breach or viola ch 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 Properly, or (c) any actual or threatened lingaton or claims of any kind by any <br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Truster nor <br />any tenant, contractor, agent or other authorized user of the Property shell use, generate, manufacture, store, heat, dispose of or release any <br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable <br />federal, slate, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Truster authorizes Lender end <br />its agents to enter upon the Property to make such inspections and tests, at Truster's expense, as Lender may deem appropriate to <br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the pan of Lender to Truster or to any other person. The <br />representalions and warranties contained herein are based on Truster's due diligence In investigating the Properly for Hazardous <br />Substances. Truster hereby (H releases and waives any future claims against Lender for indemnity or contribulion in the event Truster <br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prier to Truster's ownership or interest in the Property, whether or not the same was or should have been known to Truster. <br />The provisions of this section of the Deed of Trust, Including the obligation to indemnity, shall survive the payment of the Indebtedness and <br />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 <br />Properly, whether by foreclosure or otherwise. <br />Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stepping of or waste on or to <br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to any other <br />party the right to remove, any timber, minerals (including oil and gas), coat, clay, scoria, soil, gravel or rock products without Lender's poor <br />written consent. <br />Removal of Improvements. Truster shall not demolish or remove any Improvements from the Real Property without Lender's prior written <br />consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lender to <br />replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />attend to Lender's interests and to inspect the Real Properly for purposes of Truster's compliance with the terms and conditions of this Deed <br />I'k <br />M <br />CD <br />CV <br />a <br />H <br />y <br />C <br />a <br />mot• <br />f <br />O <br />