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PO BOX 2178, HASTINGS, NE 68902 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary "); and HASTINGS STATE BANK, whose address is 530 N. BURLINGTON, HASTINGS, NE 68901
<br />(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 includingg�
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Koperi/ ") located in HALL County, §tate of
<br />Nebraska:
<br />PART OF LOT THREE (3), BLOCK SIXTY -SIX (66), ORIGINAL TOWN, NOW GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
<br />NORTHWESTERLY CORNER OF SAID LOT 3, RUNNING THENCE SOUTHERLY ON THE WESTERLY LINE
<br />OF SAID LOT 88 FEET, THENCE EASTERLY AT RIGHT ANGLES 17 1/2 FEET, RUNNING THENCE AT
<br />RIGHT ANGLES IN A SOUTHERLY DIRECTION 44 FEET TO THE ALLEY IN SAID BLOCK, RUNNING
<br />THENCE EASTERLY AT RIGHT ANGLES ON THE SOUTHERLY LINE OF SAID LOT 26 112 FEET, THENCE
<br />AT RIGHT ANGLES NORTHERLY FOR A DISTANCE OF 132 FEET TO THE NORTHERLY LINE OF SAID
<br />LOT, RUNNING THENCE WESTERLY AT RIGHT ANGLES ON THE NORTHERLY LINE OF SAID LOT FOR A
<br />DISTANCE OF 44 FEET TO THE PLACE OF BEGINNING.
<br />The Real Property or its address is commonly known as 115 W. 3RD ST., GRAND ISLAND, NE 68801. The
<br />Real Property tax identification number is 400005638
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable Individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor 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 Trustor's obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor'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, 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 indemnify 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. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
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<br />vvntwrRECORDED MAIL TO:
<br />HASTINGS STATE BANK
<br />HASTINGS STATE BANK - MAIN BRANCH
<br />530 N BURLINGTON
<br />PO BOX 2178
<br />NE 68902
<br />FOR
<br />RECORDER'S
<br />E
<br />QNLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated March 31, 2005, among BONNIE G.
<br />KOEPKE; A Single Person ( "Trustor ");
<br />HASTINGS STATE BANK whose address is
<br />HASTINGS STATE BANK
<br />-MAIN BRANCH
<br />530 N BURLINGTON
<br />PO BOX 2178, HASTINGS, NE 68902 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary "); and HASTINGS STATE BANK, whose address is 530 N. BURLINGTON, HASTINGS, NE 68901
<br />(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 includingg�
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Koperi/ ") located in HALL County, §tate of
<br />Nebraska:
<br />PART OF LOT THREE (3), BLOCK SIXTY -SIX (66), ORIGINAL TOWN, NOW GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
<br />NORTHWESTERLY CORNER OF SAID LOT 3, RUNNING THENCE SOUTHERLY ON THE WESTERLY LINE
<br />OF SAID LOT 88 FEET, THENCE EASTERLY AT RIGHT ANGLES 17 1/2 FEET, RUNNING THENCE AT
<br />RIGHT ANGLES IN A SOUTHERLY DIRECTION 44 FEET TO THE ALLEY IN SAID BLOCK, RUNNING
<br />THENCE EASTERLY AT RIGHT ANGLES ON THE SOUTHERLY LINE OF SAID LOT 26 112 FEET, THENCE
<br />AT RIGHT ANGLES NORTHERLY FOR A DISTANCE OF 132 FEET TO THE NORTHERLY LINE OF SAID
<br />LOT, RUNNING THENCE WESTERLY AT RIGHT ANGLES ON THE NORTHERLY LINE OF SAID LOT FOR A
<br />DISTANCE OF 44 FEET TO THE PLACE OF BEGINNING.
<br />The Real Property or its address is commonly known as 115 W. 3RD ST., GRAND ISLAND, NE 68801. The
<br />Real Property tax identification number is 400005638
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable Individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor 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 Trustor's obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor'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, 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 indemnify 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. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
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