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<br />WHEN RECORDED MAIL TO: CD
<br />First National Bank &Trust
<br />P. O. BOX 580
<br />230 Broadway
<br />F LLERT N NE 68638 FOR RECORDER'S E ONLY
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<br />St THE FIRST NATIONAL SANK AND TRUST
<br />National 230 Broadway, Fullerton, NE 68638
<br />(308) 536 2492
<br />Established In 1881
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated May 31, 2005, among Brad L. Fried, whose address is RR 2 Box 75,
<br />Fullerton, NE 68638 and Lori R. Fried, whose address is RR 2 Box 75, Fullerton, NE 68638; husband and
<br />wife ( "Trustor "); First National Bank & Trust, whose address is P. O. BOX 580, 230 Broadway, FULLERTON,
<br />NE 68638 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First National
<br />Bank and Trust, whose address is P. 0. Box 580, Fullerton, NE 68638 (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 includin
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, hate of
<br />Nebraska:
<br />A tract of land consisting of a part of Lot Ten (10), Home Subdivision, City of Grand Island, Hall County,
<br />Nebraska, said tract being in the Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4) of Section
<br />Nine (9), Township Eleven (11) North, Range Nine (9) West of the Sixth P.M. Hall County, Nebraska,
<br />described as follows: Beginning at a point on the Westerly Right of Way line of Wheeler Avenue, said
<br />point being One Hundred Ten and Seven Tenths (110.7) feet southeasterly from the northeast corner of
<br />said Lot Ten (10), Home Subdivision and a point on the southerly line of Eighteenth Street as Surveyed
<br />through said Lot Ten (10); thence continuing southeasterly along the westerly Right of Way line of
<br />Wheeler Avenue, a distance of One Hundred Thirty -two (132.0) feet; thence southwesterly and parallel
<br />to Eighteenth Street as surveyed in said Lot Ten (10), a distance of Fifty -two (52.0) feet; thence
<br />Northwesterly and Parallel to the Westerly line of Wheeler Avenue, a distance of One Hundred
<br />Thirty -two (132.0) feet to a point of on the southerly line of Eighteenth Street; thence northeasterly
<br />along the southerly line of Eighteenth Street, a distance of Fifty -two (52.0) feet the point of beginning.
<br />The Real Property or its address is commonly known as 1720 N. Wheeler, Grand Island, NE 68803.
<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 THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />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 good condition and promptly perform all repairs, replacements, and maintenance
<br />necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />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,
<br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
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<br />EX-3
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<br />C i.•
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<br />c�>
<br />w �
<br />N
<br />C7
<br />01
<br />WHEN RECORDED MAIL TO: CD
<br />First National Bank &Trust
<br />P. O. BOX 580
<br />230 Broadway
<br />F LLERT N NE 68638 FOR RECORDER'S E ONLY
<br />�h
<br />Z
<br />0
<br />St THE FIRST NATIONAL SANK AND TRUST
<br />National 230 Broadway, Fullerton, NE 68638
<br />(308) 536 2492
<br />Established In 1881
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated May 31, 2005, among Brad L. Fried, whose address is RR 2 Box 75,
<br />Fullerton, NE 68638 and Lori R. Fried, whose address is RR 2 Box 75, Fullerton, NE 68638; husband and
<br />wife ( "Trustor "); First National Bank & Trust, whose address is P. O. BOX 580, 230 Broadway, FULLERTON,
<br />NE 68638 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First National
<br />Bank and Trust, whose address is P. 0. Box 580, Fullerton, NE 68638 (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 includin
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, hate of
<br />Nebraska:
<br />A tract of land consisting of a part of Lot Ten (10), Home Subdivision, City of Grand Island, Hall County,
<br />Nebraska, said tract being in the Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4) of Section
<br />Nine (9), Township Eleven (11) North, Range Nine (9) West of the Sixth P.M. Hall County, Nebraska,
<br />described as follows: Beginning at a point on the Westerly Right of Way line of Wheeler Avenue, said
<br />point being One Hundred Ten and Seven Tenths (110.7) feet southeasterly from the northeast corner of
<br />said Lot Ten (10), Home Subdivision and a point on the southerly line of Eighteenth Street as Surveyed
<br />through said Lot Ten (10); thence continuing southeasterly along the westerly Right of Way line of
<br />Wheeler Avenue, a distance of One Hundred Thirty -two (132.0) feet; thence southwesterly and parallel
<br />to Eighteenth Street as surveyed in said Lot Ten (10), a distance of Fifty -two (52.0) feet; thence
<br />Northwesterly and Parallel to the Westerly line of Wheeler Avenue, a distance of One Hundred
<br />Thirty -two (132.0) feet to a point of on the southerly line of Eighteenth Street; thence northeasterly
<br />along the southerly line of Eighteenth Street, a distance of Fifty -two (52.0) feet the point of beginning.
<br />The Real Property or its address is commonly known as 1720 N. Wheeler, Grand Island, NE 68803.
<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 THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />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 good condition and promptly perform all repairs, replacements, and maintenance
<br />necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />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,
<br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
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