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<br />WHEN RECORDED MAil TO:
<br />Geneva State Bank
<br />Kearney Branch
<br />3720 2ild. Ave.
<br />Kearney. NE 68847
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<br /> 200600207
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<br /> FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST
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<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $145,252.00.
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<br />THIS DEED OF TRUST is dated January 5. 2006, among Richard Nabity and Annette M. Nabity, whose address
<br />is 2307 W Koenig, Grand Island, NE 68803; Husband and Wife ("Trustor"); Geneva State Bank. whose
<br />address is Kearney Branch, 3720 2nd Ave., Kearney, NE 68847 (referred to below sometimes as "Lender"
<br />and sometimes as "Beneficiary"); and GENEVA STATE BANK. whose address is P.O. Box 313. Geneva. NE
<br />68361 (referred to below as "Trustee").
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<br />CONVEY ANCE 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
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall
<br />
<br />County, State of Nebraska:
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<br />Lots 6 and 7 in Block 4 in Ashton Place, an Addition, City of Grand Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 2307 W Koenig, Grand Island, NE 68803. The Real
<br />
<br />Property tax identification number is 400010372.
<br />
<br />CROSS-COLl,ATERAlIZATlON. In addition to the Note, thi'. Deed of Trust secures all obligations, debts and liabilities. plus interest
<br />thereon, of ';sorfuw"r to ...ender, or any on., or more of t:lem, as well as all clain,s uy Le"der a;,jainst Burrower 01 anyone or [I,ur.;: oi' tile""
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note. whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower
<br />or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and
<br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to
<br />repay such amounts may be or hereafter may become otherwise unenforceable. If the lender is required to give notice of the right to
<br />cancel under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to
<br />Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $145,252.00.
<br />
<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
<br />present and future leases of the Property and all Rents from the Property, In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />
<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:
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<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law. regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
<br />TRU.sTCR'~ YJP.IV!:RS. Tn..:~tc~ 'iJ~~\:cs a!: r:dht:; cr dcf~Ii~':3 .:ii;silig ~:r)" i86SGn af ail'''" "on~ actior/' VI lIanti-deficiency" IdW, Oi- cu"ty othi;:;li""
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
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<br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the
<br />Note, this Deed of Trust, and the Related Documents.
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<br />POSSESSION AND MAINTENANCE OF THE PROPERTY, Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />
<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.
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<br />Compliance With Environmental laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
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