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s <br />C <br />a <br />4 <br />a <br />M <br />r <br />M <br />M <br />n <br />i7 <br />M <br />n <br />z <br />rn <br />a <br />i7 <br />= <br />m <br />D <br />W <br />_ <br />r � <br />C) cr) <br />N p -.{ <br />C7- <br />i M <br />CD <br />CD <br />Cn <br />O <br />ry <br />0 <br />0 <br />N <br />N <br />WHEN RECORDED MAIL TO: <br />FIVE POINTS BANK OF HASTINGS a Division of <br />Hometown Bank <br />MAIN BANK <br />2815 OSBORNE DRIVE WEST <br />HASTINGS NE 68901 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />rn <br />CD <br />CA <br />to <br />U <br />t� <br />THIS DEED OF TRUST is dated November 12, 2002, among MUCKEL'S AERIAL, INC.; A NEBRASKA <br />CORPORATION ( "Trustor "); FIVE POINTS BANK OF HASTINGS a Division of Hometown Bank, whose <br />address is MAIN BANK, 2815 OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiary"); and Five Points Bank of Hastings, a Division of Hometown <br />Bank, whose address is P.0 Box 55, Hastings, NE 68902 -0055 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor 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 existing or <br />subsequently erected or affixed buildings, improvements and fixtures; 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 real property, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property/ ") located in HALL County, State of <br />Nebraska: <br />The East Three Hundred Thirty (330) feet of the Northwest Quarter (NW 1/4) of Section Thirty-three (33), <br />Township Nine (9) North, Range Eleven (11) West of the 6th P.M., Hall County, Nebraska <br />The Real Property or its address is commonly known as 11544 W ROSEDALE ROAD, PROSSER, NE <br />68883 -1752. The Real Property tax identification number is 400317826 <br />Trustor 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 present <br />and future leases of the Property and all Rents from the Property. in addition, Trustor 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <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 completion 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 shall pay to Lender all Indebtedness secured by <br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust <br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make <br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br />Trustor 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 indemnity and hold harmless Lender against any and all claims and losses <br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness <br />and the satisfaction of this Deed of Trust. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed <br />of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. <br />A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; <br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with <br />a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust <br />holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Trustor is a corporation, <br />partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (250) of the voting <br />stock, partnership interests or limited liability company interests, as the case may be, of such Trustor. However, this option shall not be exercised <br />by Lender if such exercise is prohibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water <br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for <br />services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the <br />interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this <br />Deed of Trust. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on <br />