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200004059 WHEN RECORDED MAIL TO: Equitable Bank Diers Avenue Branch PO Box 760 1 I F R RE ORDER"5 USE ONLY DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $120,000.00. THIS DEED OF TRUST is dated June 12, 2009, among 4C Land Company, L.L.C.; A Nebraska Limited Liability Company ("Trustor"-; Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0760 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as "Trustee"1. CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH PDWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Hall County, State of Nebraska: The East Half of the Northwest Quarter (E1/2 NW1/4) and the Northeast Quarter of the Southwest Quarter (NE1/4 SW7/41 and the Northwest Quarter of the Southeast Quarter (NW1/4 SE1/41, all in Section Thirty-Six (361, Township Eleven (11) North, Range Nine 19) West of the 6th P.M., Hall County, Nebraska EXCEPT a certain tract more particularly described in Report of Appraisers recorded in Book R, Page 604; EXCEPT a certain tract more particularly described in Deed recorded in Book 71, Page 235; EXCEPT a certain tract more particularly described in Warrantly Deed recorded as Document No. 81-000758 and EXCEPT a certain tract more particularly described in Warranty Deed recorded as Document No. 200009029. The Real Property or its address is commonly known as 3997 E. Husker Hwy, Grand Island, NE 68801. The Real Property tax identification number is 400208687. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Nate, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon. 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 and future leases of the Property and all Rents from the Property. In addition, Trustor grants 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 TWE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IBI 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 Deed of Trust, Trustor shall pay to Lender all amounts secured by this Dead of Trust as they became due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed 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: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (~) use, operate yr manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; 121 Trustor has no knowledge vf, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, Ib1 any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Ic1 any actual or threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as previously disclosed to and acknowledged by Lender in writing, la) 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 ar from the Property; and I61 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 authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be far Lender's 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 vn Trustor's duo diligence in investigating the Property for Hazardous Substances. Trustor hereby 11) releases and waives any future claims against Lender far indemnity ar contribution in the avant Trustor becomes liable far cleanup or other costs under any such laws; and l21 agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Daed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release ar tli~~.l." 3 ,"