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OCT •m DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $35,000.00.
<br />S
<br />THIS DEED OF TRUST is dated October 1, 2002, among MICHAEL J WARDYN AND ANN MARIE WARDYN,
<br />HUSBAND AND WIFE AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 3011
<br />SOTHMAN DRIVE, GRAND ISLAND, NE 68801 ("Trustor"); Bank One, NA , whose address is National Direct
<br />Equity (NDE), 100 East Broad Street, Columbus, OH 43271 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary" l; and Stewart Title Guaranty Company of Nebraska, whose address is 1220
<br />Washington, Suite 100, Kansas City, MO 64105 (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 />Leader es Beneficiary, all of Trustor 'a 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 fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or Irrigation rights): and all other rights, royalties, and profits relating to the real
<br />property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In HALL
<br />County, State of Nebraska:
<br />THE FOLLOWING DESCRIBED REAL ESTATE IN HALL COUNTY, NEBRASKA: LOT THREE 13), IN BLOCK
<br />TWO (2), BRENTWOOD SECOND SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR
<br />MINERAL RIGHTS OF RECORD, IF ANY.
<br />The Real Property or its address is commonly known as 3011 SOTHMAN DRIVE, GRAND ISLAND, NE 68801.
<br />The Real Property tax identification number is 400025574.
<br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this
<br />Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Trustor so long as Truster complies with all
<br />the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the
<br />total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as
<br />provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either
<br />the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of
<br />Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to
<br />the Credit Limit as provided in this Deed of Trust and any intermediate balance.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and Interest In and to all
<br />present and future leases of the Property and all Rents from the Property In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security 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 (AI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Tractor's obligations under the Credit
<br />Agreement, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 11) remain In possession and control of the Property;
<br />(2) use, operate or manage the Property: and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents antl warrants to Lender that: (11 During the per of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or eon to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or bd any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, la) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations antl
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for Indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
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<br />Spliegficld, PA. 19064
<br />OCT •m DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $35,000.00.
<br />S
<br />THIS DEED OF TRUST is dated October 1, 2002, among MICHAEL J WARDYN AND ANN MARIE WARDYN,
<br />HUSBAND AND WIFE AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 3011
<br />SOTHMAN DRIVE, GRAND ISLAND, NE 68801 ("Trustor"); Bank One, NA , whose address is National Direct
<br />Equity (NDE), 100 East Broad Street, Columbus, OH 43271 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary" l; and Stewart Title Guaranty Company of Nebraska, whose address is 1220
<br />Washington, Suite 100, Kansas City, MO 64105 (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 />Leader es Beneficiary, all of Trustor 'a 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 fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or Irrigation rights): and all other rights, royalties, and profits relating to the real
<br />property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In HALL
<br />County, State of Nebraska:
<br />THE FOLLOWING DESCRIBED REAL ESTATE IN HALL COUNTY, NEBRASKA: LOT THREE 13), IN BLOCK
<br />TWO (2), BRENTWOOD SECOND SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR
<br />MINERAL RIGHTS OF RECORD, IF ANY.
<br />The Real Property or its address is commonly known as 3011 SOTHMAN DRIVE, GRAND ISLAND, NE 68801.
<br />The Real Property tax identification number is 400025574.
<br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this
<br />Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Trustor so long as Truster complies with all
<br />the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the
<br />total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as
<br />provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either
<br />the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of
<br />Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to
<br />the Credit Limit as provided in this Deed of Trust and any intermediate balance.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and Interest In and to all
<br />present and future leases of the Property and all Rents from the Property In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security 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 (AI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Tractor's obligations under the Credit
<br />Agreement, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 11) remain In possession and control of the Property;
<br />(2) use, operate or manage the Property: and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents antl warrants to Lender that: (11 During the per of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or eon to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or bd any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, la) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations antl
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for Indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
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