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WHEN RECORDED MAIL TO: ro H ry Farmers Stale Bank p 2nd anti Mme P. Box 2" Silver Creek, HE uukfi�(NMG FOR RECORDER'S USE ONLY DEED TRUST MAXIMUM LIEN. The lien of this Deed of Trust shell l not exceed at any one time $360,000.00. THIS DEED OF TRUST Is dated November 26, 2002, among James D. Riley, whom address Is 2610 Parkview, Grand Island, NE 68801 and Karen M. Riley, whom address is 2610 Parkview, Grand Island, NE 68801; husband and wife as joint debtors ( "Trustor "); Farmers State Bank whose address Is 2nd and Vine, P. 0. Box 246, Silver Creek, NE 68663 -0246 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Farmers State Bank, whom address Is P. 0. Box 246, Silver Creek, NE 68663-0246 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable conelderetlon, Trustor eanveys to Truarm In trust, WITH POWER OF SALE, rot the OCneftt of Lender as Benallckuy, all of Trustor's right, Me, and interest In and to the following described real property, together Wth all existing w subsequently erected or affixed buildings, Improvements and fixtures; all sesements, rights of way, and appurterarem: all water, water rights and ditch rights (Including stock In utilities with ditch or irrigation rights), and all other Aphis, royalties, and profits relating to the real Or Including without limitation all minerals, oil, gas, geothermal and aimller matters, (the "Real Property") located in Hall Cot , $late o Nebraska: Lot Eighteen (18), Morningaide Acres Subdivision, In the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 2610 Parkview, Grand Island, NE 68801. CROSS- COLLATERALIZATION. In scratch to the Note, this Dead of Trust secures all obligations, debts and Ilabilltles, plus Interval thereon, of Trustor to Lender, or any one or more of them, as wail as all claims by Lender against Trustor or any one or more of them, whether now existing Or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whetter due or not due, direct or indirect, determined w undetermined, absolute or contingent, liquidated or unliquldated whether Trustor may be liable Individually or Jointly 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, the Deed of Trust issues, In addition to the amounts specified In the Note, all future amounts Lender In Its discretion may loan to Truster, together with all interest thereon. Trustor presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Trustoes right, we, and Interest In and to all present and future leases of the Property and all Rants from the Properly. In addition. Trustor grants to Lender a Uniform Commercial Code security interest In 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 OF 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 shall pay to Lender all amounts assured by this Deed of Trust as they become due, and shall strictly and In a timely manner pedwm all of Trustor's obligations under the NOW, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustw's possession and use of the Properly shall ba governed by the following provisions: Possession add Use. Until the occurrence of an Event of Default, Trustor 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. Trustor shall maintain the Property in good condition and promptly perform all repalm, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustur4 ownership of the Property, there has been no use, generation, manufacture, storage. treatment, disposal. release a threatened release of any Hamrdous 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 disclosed to and acknowledged by Lender in wri ing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened misses of any Hamrdous Substance on, under, about or from the Property by any prior owners w occupants of the Property, a (c) any actual or threatened litigation or claims of any kind by any person relating to such mothers; and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shell use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under. about or from the Property; and (b) any such acIINN shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trustors expense, as Lender may deem appropriate to determine compliance of the Properly with this section of the Dead of Trust. Any inspections or tests made by Lend, shall be for Lenders purposes only and shall not be construed to create any responsibility or liability on the pars of Lender to Trustor or to any other parson. The representations and warranties contained herein are based on Trustors due diligence In investigating the Property for Hamrdous Substances. Trustor hereby (1) relessas and waives any future clelms against Lender for Indemnity or contribution in the event Trustor becomes liable for cleanup on other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly w indirectly sustain or suffer resulting from a breach of this section of the Oeed of Trust or as a consequence Of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trusior's ownership or interest In the Property, whether or not the some was or should have been known to Trustor. The provisions of this section of the Deed of Trust, Including the Obligation to Indemnity, shall survive the payment of the Indebtedness and De satisfaction and reconveyance of the lien of this Dead of Trust and shall not be effected by Lenders acquisifion of any interest in the Property, whether by foreclosure w otherwise. T n A f) Z n -y i° s rV m o rV a'f7 a n rn Zm �e p O +r O o Z x m N Co R WHEN RECORDED MAIL TO: ro H ry Farmers Stale Bank p 2nd anti Mme P. Box 2" Silver Creek, HE uukfi�(NMG FOR RECORDER'S USE ONLY DEED TRUST MAXIMUM LIEN. The lien of this Deed of Trust shell l not exceed at any one time $360,000.00. THIS DEED OF TRUST Is dated November 26, 2002, among James D. Riley, whom address Is 2610 Parkview, Grand Island, NE 68801 and Karen M. Riley, whom address is 2610 Parkview, Grand Island, NE 68801; husband and wife as joint debtors ( "Trustor "); Farmers State Bank whose address Is 2nd and Vine, P. 0. Box 246, Silver Creek, NE 68663 -0246 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Farmers State Bank, whom address Is P. 0. Box 246, Silver Creek, NE 68663-0246 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable conelderetlon, Trustor eanveys to Truarm In trust, WITH POWER OF SALE, rot the OCneftt of Lender as Benallckuy, all of Trustor's right, Me, and interest In and to the following described real property, together Wth all existing w subsequently erected or affixed buildings, Improvements and fixtures; all sesements, rights of way, and appurterarem: all water, water rights and ditch rights (Including stock In utilities with ditch or irrigation rights), and all other Aphis, royalties, and profits relating to the real Or Including without limitation all minerals, oil, gas, geothermal and aimller matters, (the "Real Property") located in Hall Cot , $late o Nebraska: Lot Eighteen (18), Morningaide Acres Subdivision, In the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 2610 Parkview, Grand Island, NE 68801. CROSS- COLLATERALIZATION. In scratch to the Note, this Dead of Trust secures all obligations, debts and Ilabilltles, plus Interval thereon, of Trustor to Lender, or any one or more of them, as wail as all claims by Lender against Trustor or any one or more of them, whether now existing Or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whetter due or not due, direct or indirect, determined w undetermined, absolute or contingent, liquidated or unliquldated whether Trustor may be liable Individually or Jointly 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, the Deed of Trust issues, In addition to the amounts specified In the Note, all future amounts Lender In Its discretion may loan to Truster, together with all interest thereon. Trustor presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Trustoes right, we, and Interest In and to all present and future leases of the Property and all Rants from the Properly. In addition. Trustor grants to Lender a Uniform Commercial Code security interest In 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 OF 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 shall pay to Lender all amounts assured by this Deed of Trust as they become due, and shall strictly and In a timely manner pedwm all of Trustor's obligations under the NOW, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustw's possession and use of the Properly shall ba governed by the following provisions: Possession add Use. Until the occurrence of an Event of Default, Trustor 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. Trustor shall maintain the Property in good condition and promptly perform all repalm, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustur4 ownership of the Property, there has been no use, generation, manufacture, storage. treatment, disposal. release a threatened release of any Hamrdous 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 disclosed to and acknowledged by Lender in wri ing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened misses of any Hamrdous Substance on, under, about or from the Property by any prior owners w occupants of the Property, a (c) any actual or threatened litigation or claims of any kind by any person relating to such mothers; and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shell use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under. about or from the Property; and (b) any such acIINN shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trustors expense, as Lender may deem appropriate to determine compliance of the Properly with this section of the Dead of Trust. Any inspections or tests made by Lend, shall be for Lenders purposes only and shall not be construed to create any responsibility or liability on the pars of Lender to Trustor or to any other parson. The representations and warranties contained herein are based on Trustors due diligence In investigating the Property for Hamrdous Substances. Trustor hereby (1) relessas and waives any future clelms against Lender for Indemnity or contribution in the event Trustor becomes liable for cleanup on other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly w indirectly sustain or suffer resulting from a breach of this section of the Oeed of Trust or as a consequence Of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trusior's ownership or interest In the Property, whether or not the some was or should have been known to Trustor. The provisions of this section of the Deed of Trust, Including the Obligation to Indemnity, shall survive the payment of the Indebtedness and De satisfaction and reconveyance of the lien of this Dead of Trust and shall not be effected by Lenders acquisifion of any interest in the Property, whether by foreclosure w otherwise.