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Vi ti 'vU WHEN RECORDED MAIL TO: United Nebraska Bank Grand Island Office Po Sox 8018 Grentl laiantl NE 68802 FOR RECORDER'S USE ONLY \, T DEED OF TRUST THIS DEED OF TRUST Is dated December 23, 2002, among Daniel A Weltb, whose address Is 424 W. 15th, c Grand Island, NE 68801 ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box \ 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and Sometimes as "Beneficiary"); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee "). CONVEYANCE AND GRANT. Far valuable consideration, Trustor conveys No Trustee In trust, WITH POWER OF SALE, Nor the beneM of Lender as Benaficlary, all of Trustor's right, title, and interest In and to the following described real property, together with all axlsfing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights at way, and appurtenances; all water, water rights and ditch rights (Including stock in Uldities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real proQarty Includinrgq without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hell COUllly1 utale 01 Nebraska: The Southerly Eighty Nine (89) Feet of Lot Six (6), Block Four (4), in Park Place, an Addition to the City of Grand Island, Hell County, Nebraska. The Real Property or its address, is commonly known as 424 W. 151h, Grand Island, NE 68801. Trustor presently assigns to Lender (also known as Benefictary in this Dead of Trust) all of Trusters right, title, and Interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor giants 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 Dead of Trust, Truslor shall pay to Lender all amounts secured by this Dead of Trust as they become due, and shall strictly and in a timely manner perform all of Truslor's obligations under the Note, this Dead 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 following provisions: Posseselon end Use. Until the occurrence of an Event of Default, Truslor 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 goad condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Lewd. Trustor represents and warrants to Lender that: (1) During the period of Trusters ownership of the Property, there has been no use, generation, manufacture, storage, freetment, 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 bellow that there has been, except as previously disclosed to and acknowledged by Lender In wolfing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, mentment, disposal, release or threatened release of any Hazardous Substance on, under, about a from the Property by any prix owners or occupants of the Property, or (c) any actual or threatened litigation or cle rns of any kind by any person relating to such matters; and (3) Except as previously disclosetl to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, 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 federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Trustor authoress Lander and its agents to enter upon the Property to make such inspections and tests, at Truslor's Wares, as Lender may drum sppropriate to determine compliance of the Property with this section of the Dead of Trust. Any Inspections or tests made by Lender shell 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 Truslor's due diligence in investigating the Property for Haarmous Substances. Truslor hereby (1) releases and waives any future claims against Lender for Indemnity or comnbufion In the event Trusts becomes liable for cleanup or 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 a Indirectly sustain or suffer resulting from a breach of this section of the Dead 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 Dead of Trust, including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and neconveyance, of the lien of this Deed of Trust and shell not be effected by Lenders acquisition at any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generelily of the foregoing, Trustor will not remove, or grant to any other Party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lenders prior written consent. Removal of Improvements. Truslor shall not demolish or remove any Improvements from the Real Property without Lenders pear written consent. As a condition to the removal of any Improvements, Lender may require Truslor to make arrangements satisfactory to Lender to rplsq Such Improvertpnb With IrnprgverrMnh of at kaN equal value. Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to Inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Dead of Trust. M c ch N N o o o o '^ m m n n n z z n n A A r r z z N N Pc m m O � � '.-' i 3 _ in _ . .s in r r a r r r rn N 1 �c ( (n L 1 N ' 1 I N WHEN RECORDED MAIL TO: United Nebraska Bank Grand Island Office Po Sox 8018 Grentl laiantl NE 68802 FOR RECORDER'S USE ONLY \, T DEED OF TRUST THIS DEED OF TRUST Is dated December 23, 2002, among Daniel A Weltb, whose address Is 424 W. 15th, c Grand Island, NE 68801 ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box \ 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and Sometimes as "Beneficiary"); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee "). CONVEYANCE AND GRANT. Far valuable consideration, Trustor conveys No Trustee In trust, WITH POWER OF SALE, Nor the beneM of Lender as Benaficlary, all of Trustor's right, title, and interest In and to the following described real property, together with all axlsfing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights at way, and appurtenances; all water, water rights and ditch rights (Including stock in Uldities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real proQarty Includinrgq without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hell COUllly1 utale 01 Nebraska: The Southerly Eighty Nine (89) Feet of Lot Six (6), Block Four (4), in Park Place, an Addition to the City of Grand Island, Hell County, Nebraska. The Real Property or its address, is commonly known as 424 W. 151h, Grand Island, NE 68801. Trustor presently assigns to Lender (also known as Benefictary in this Dead of Trust) all of Trusters right, title, and Interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor giants 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 Dead of Trust, Truslor shall pay to Lender all amounts secured by this Dead of Trust as they become due, and shall strictly and in a timely manner perform all of Truslor's obligations under the Note, this Dead 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 following provisions: Posseselon end Use. Until the occurrence of an Event of Default, Truslor 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 goad condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Lewd. Trustor represents and warrants to Lender that: (1) During the period of Trusters ownership of the Property, there has been no use, generation, manufacture, storage, freetment, 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 bellow that there has been, except as previously disclosed to and acknowledged by Lender In wolfing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, mentment, disposal, release or threatened release of any Hazardous Substance on, under, about a from the Property by any prix owners or occupants of the Property, or (c) any actual or threatened litigation or cle rns of any kind by any person relating to such matters; and (3) Except as previously disclosetl to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, 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 federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Trustor authoress Lander and its agents to enter upon the Property to make such inspections and tests, at Truslor's Wares, as Lender may drum sppropriate to determine compliance of the Property with this section of the Dead of Trust. Any Inspections or tests made by Lender shell 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 Truslor's due diligence in investigating the Property for Haarmous Substances. Truslor hereby (1) releases and waives any future claims against Lender for Indemnity or comnbufion In the event Trusts becomes liable for cleanup or 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 a Indirectly sustain or suffer resulting from a breach of this section of the Dead 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 Dead of Trust, including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and neconveyance, of the lien of this Deed of Trust and shell not be effected by Lenders acquisition at any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generelily of the foregoing, Trustor will not remove, or grant to any other Party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lenders prior written consent. Removal of Improvements. Truslor shall not demolish or remove any Improvements from the Real Property without Lenders pear written consent. As a condition to the removal of any Improvements, Lender may require Truslor to make arrangements satisfactory to Lender to rplsq Such Improvertpnb With IrnprgverrMnh of at kaN equal value. Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to Inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Dead of Trust.