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<br />WHLN RECORDED MAIL TO: z ~
<br />Geneva State Bank /`,' D
<br />Hastings Branch
<br />3602 Cimarron Plaza, Suite 340 ,
<br />Hastin s NE ~ 01 F R RECORDER'S USE O LY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5300,000.00.
<br />THIS DEED OF TRUST is dated April 16, 2010, among Contryman & Associates Properties, a Nebraska General
<br />Partnership, whose address is 2215 West 7 2th Street, Hastings, NE 68901 ("Trustor"); Geneva State Bank,
<br />whose address is Hastings Branch, 3602 Cimarron Plaza, Suite 340, Hastings, NE 68907 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and GENEVA STATE BANK, whose address is P.O.
<br />Box 373, Geneva, NE 68361 (referred to below as "Trustee").
<br />CONV[:YANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee intrust, 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 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 rightsl; 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 />County, State of Nebraska:
<br />Lats Three 131 and Four 14) in Block Eight-five (851 in the Original Town, now city of Grand Island, Hall
<br />County, Nebraska
<br />and
<br />Lots One (1) and Two 12), Block One hundred Six (106) in Railroad Addition, an Addition to the City of
<br />Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 615 West 1st Street and 707 West 7 st Street, Grand
<br />Island, NE.
<br />CR055-COLLATERALIZATION. In addition to the Note, this Desd of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or mare of them, as well as all claims by Lender against Trustor or any ane or more of them,
<br />whether now existing or hereafter arising, whether related ar 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 Trustor
<br />may be liable individually ar jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<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.Trustor,. together with all. interest thereon, however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate 5300,000.00.
<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 />Cade security interest in'the Personal Property and Rents.
<br />TH15 DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF
<br />RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TD SECURE ANY AND ALL OF
<br />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN
<br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DDCUMENTS
<br />REFERRED TO THEREIN, SHALL AL50 BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN AND
<br />ACCEPTED AN THE FOLLOWING TERMS:
<br />PAYMENT AND"pEP,{FORMANCE. Except as otherwise provided in this peed of Trust, Trustor :;hall pay to Lendsr all amounts secured by
<br />this 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
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that 7rustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property;
<br />(21 use, operate or manage the Property; and 13) collect the Rents from the Property.
<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.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 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; (21 Truster has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lander in writing, la- any breach or violation of any
<br />Environmental Laws, Ib1 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 (c1 any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Truster nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and Ib1 any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
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