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WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Grand Island Office <br />PO Box 5018 <br />Grand Island, NE 68802 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated December 16, 2002, among Matthew R Jackman and LaDonna M Jackman, <br />Husband and Wife, whose address is 14375 W Denman Rd, Kenesaw, NE 68956; ( "Trustor "); United <br />Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary "); and United Nebraska Bank , whose <br />address is 700 N. Webb, Grand Island, NE 68802 (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 />A TRACT OF LAND LOCATED IN THE SE 114 OF SECTION 24, TOWNSHIP 9 NORTH, RANGE 12 WEST <br />OF THE 6TH P.M., HALL NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: <br />COMMENCING AT THE SW CORNER OF SAID SE 1/4 THENCE S 89 DEGREES, 59 MINUTES, 34 <br />SECONDS E (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID SE 1/4 A DISTANCE OF 449.28 <br />FEET TO THE EAST LINE OF DENMAN ROAD AND PLACE OF BEGINNING, THENCE CONTINUING S 89 <br />DEGREES, 59 MINUTES, 34 SECONDS E ALONG SAID SOUTH LINE A DISTANCE OF 864.91 FEET TO <br />THE SE CORNER OF THE SW 1/4 SE 1/4 OF SAID SECTION 24, THENCE N 00 DEGREES, 39 MINUTES, <br />27 SECONDS W A DISTANCE OF 1076.82 FEET TO THE EAST LINE OF DENMAN ROAD, THENCE S 38 <br />DEGREES, 17 MINUTES, 26 SECONDS W ALONG SAID EAST LINE A DISTANCE OF 1304.88 FEET TO <br />THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST SUBTENDED BY A RADIUS OF 1164.82 <br />FEET, THENCE ALONG SAID CURVE THE CHORD OF WHICH BEARS S 39 DEGREES, 58 MINUTES, 22 <br />SECONDS W AN ARC DISTANCE OF 68.48 FEET TO THE PLACE OF BEGINNING <br />The Real Property or its address is commonly known as 14375 W Denman Rd, Kenesaw, NE 68956. The <br />Real Property tax identification number is 2000 -4253. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Dee(± 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 Properly; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Properly 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 10 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 I rst. Any inspections or tests made by Lender shall be for Lender's <br />purposes only and shall not be construed to create any iespctw�ibility or Lability on the part of Lender to Tru for or to any other person. The <br />representations and warranties contained he em are based on Ti usim's due diligence in investigating the Property for Hazardous <br />Substances. Trustor hereby (1) releases and waives any futnrp rlauns against Lender for indernnily or conlribution in the evPrtl Trustor <br />becomes liable for cleanup or other costs under any such laws and Ili agrees to indemnify and hold hairiness Lender against any and all <br />claims, losses, liabilities, damages, penalties. and expanses which Lerviei may directly or mdirertly s11�;taln or 5uftP „r resulting from a breach <br />of this section of the Deed of Trust or as a consequence of any use. generation, manufacture, storage, disposal. release or threatened <br />I <br />M <br />n <br />= <br />D <br />c a <br />c> u. <br />M <br />CA <br />C) —1 <br />n <br />z <br />C L <br />zm <br />N <br />rr <br />m <br />�.... <br />rn <br />D <br />4: C <br />_� <br />n <br />C./f <br />,�r <br />h--• <br />p T <br />O <br />_ <br />�o <br />'Ti <br />CJ <br />I:n <br />C a <br />Zr: <br />rrn <br />r- <br />'N <br />0 <br />cr1 <br />r-r <br />N <br />U' <br />o <br />2 <br />c <br />D <br />3 <br />N <br />C.11 <br />.� <br />CD <br />fV <br />Cn <br />L <br />`� <br />Z <br />Ret. <br />Env, <br />,� c�Cl'yl,e, <br />2 0 0 315 0 2 4 <br />0 <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Grand Island Office <br />PO Box 5018 <br />Grand Island, NE 68802 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated December 16, 2002, among Matthew R Jackman and LaDonna M Jackman, <br />Husband and Wife, whose address is 14375 W Denman Rd, Kenesaw, NE 68956; ( "Trustor "); United <br />Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary "); and United Nebraska Bank , whose <br />address is 700 N. Webb, Grand Island, NE 68802 (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 />A TRACT OF LAND LOCATED IN THE SE 114 OF SECTION 24, TOWNSHIP 9 NORTH, RANGE 12 WEST <br />OF THE 6TH P.M., HALL NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: <br />COMMENCING AT THE SW CORNER OF SAID SE 1/4 THENCE S 89 DEGREES, 59 MINUTES, 34 <br />SECONDS E (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID SE 1/4 A DISTANCE OF 449.28 <br />FEET TO THE EAST LINE OF DENMAN ROAD AND PLACE OF BEGINNING, THENCE CONTINUING S 89 <br />DEGREES, 59 MINUTES, 34 SECONDS E ALONG SAID SOUTH LINE A DISTANCE OF 864.91 FEET TO <br />THE SE CORNER OF THE SW 1/4 SE 1/4 OF SAID SECTION 24, THENCE N 00 DEGREES, 39 MINUTES, <br />27 SECONDS W A DISTANCE OF 1076.82 FEET TO THE EAST LINE OF DENMAN ROAD, THENCE S 38 <br />DEGREES, 17 MINUTES, 26 SECONDS W ALONG SAID EAST LINE A DISTANCE OF 1304.88 FEET TO <br />THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST SUBTENDED BY A RADIUS OF 1164.82 <br />FEET, THENCE ALONG SAID CURVE THE CHORD OF WHICH BEARS S 39 DEGREES, 58 MINUTES, 22 <br />SECONDS W AN ARC DISTANCE OF 68.48 FEET TO THE PLACE OF BEGINNING <br />The Real Property or its address is commonly known as 14375 W Denman Rd, Kenesaw, NE 68956. The <br />Real Property tax identification number is 2000 -4253. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Dee(± 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 Properly; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Properly 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 10 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 I rst. Any inspections or tests made by Lender shall be for Lender's <br />purposes only and shall not be construed to create any iespctw�ibility or Lability on the part of Lender to Tru for or to any other person. The <br />representations and warranties contained he em are based on Ti usim's due diligence in investigating the Property for Hazardous <br />Substances. Trustor hereby (1) releases and waives any futnrp rlauns against Lender for indernnily or conlribution in the evPrtl Trustor <br />becomes liable for cleanup or other costs under any such laws and Ili agrees to indemnify and hold hairiness Lender against any and all <br />claims, losses, liabilities, damages, penalties. and expanses which Lerviei may directly or mdirertly s11�;taln or 5uftP „r resulting from a breach <br />of this section of the Deed of Trust or as a consequence of any use. generation, manufacture, storage, disposal. release or threatened <br />I <br />