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<br /> DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any on e time $45,000.00.
<br />THIS DEED OF TRUST is dated December 28, 2009, among WILLIAM A HEIDER AND WENDY E HEIDER,
<br />WUSBAND AND WIFE, AS JOINT TENANTS WITH RIGHT OF SURVIVORSWIP, AND NOT AS TENANTS IN
<br />COMMON, whose address is 4148 SPRINGVIEW DRIVE, GRAND ISLAND, NE 68803 ("Trustor"); BANK OF
<br />THE WEST, whose address is GRAND ISLAND, 3301 W STATE STREET, GRAND ISLAND, NE 68803-2305
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose
<br />address Is 9450 TREAT BLVD, WALNUT CREEK, CA 94597 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. Far valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneflclary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing ar
<br />subsequently erected ar 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, gecthennal and similar matters, (the "Real Property") located In HALL
<br />County, State of Nebraska:
<br />LOT SEVENTEEN (17), WESTROADS ESTATES THIRD SUBDIVISION, HALL COUNTY, NEBRASKA.
<br />The Real Property or Its address is commonly known as 4148 SPRINGVIEW DRIVE, GRAND ISLAND, NE
<br />68803.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages,
<br />other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not
<br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the
<br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement
<br />and any intermediate balance.
<br />Trustor presently assigns to Lander (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 Rants from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Praperky 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 pF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND TWIS DEED OF TRUST. THIS
<br />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
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner pertorm all of Trustor's obligations under the Credit
<br />Agreement, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the fallowing provisions:
<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 Pram the Property.
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