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WHEN RECORDED MAIL TO:
<br />FIVE POINTS BANK OF HASTINGS a Division of
<br />Hometown Bank
<br />MAIN BANK
<br />2815 OSBORNE DRIVE WEST
<br />HASTINGS NE 88901 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $45,000.00.
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<br />C
<br />THIS DEED OF TRUST is dated January 23, 2003, among CHRIS BUSBOOM and DENNIS BUSBOOM, whose
<br />address is 1480 W BARROWS RD, HASTINGS, NE 68901 ( "Truster "); FIVE POINTS BANK OF HASTINGS a
<br />Division of Hometown Bank, whose address Is MAIN BANK, 2815 OSBORNE DRIVE WEST, HASTINGS, NE
<br />68901 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank of
<br />Hastings, a Division of Hometown Bank, whose address is P.0 Box 55, Hastings, NE 68902 -0055 (referred
<br />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 night, title, and interest in and to the following described reel 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 makers, (the "Real Properly') located in HALL County, State OT
<br />Nebraska:
<br />SEE EXHIBIT A
<br />The Real Property or its address Is commonly known as 1480 W BARROWS RD, HASTINGS, NE 68901.
<br />REVOLVING LINE OF CREDIT. Specifically, without limitation, this Deed of Trust secures a revolving line of credil, which obligates
<br />Lender to make advances to Truster so long as Truster complies with all the terms of the Note.
<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 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 THIS DEED OF TRUST. THIS 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 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 Dead of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Turner'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 Property; (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 tenantable condflon and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve Its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hfabudous Substance In violation of any Environmental Laws. Trustor authonzes Lender and its agents to enter upon the Property to make
<br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Dead of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws, and (2) agrees to indemnity and hold harmless Lender against any and all claims and losses
<br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnity shall si the payment of the Indebtedness
<br />and the satisfaction of this Dead of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option, declare immediately due and payable all sums secured by this Deed
<br />of Trust upon the sale or transfer, without Lender's prior written consent, of all or any pad of the Real Property, or any interest in the Real Property.
<br />A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold Interest with
<br />a term greater than three (3) years, lease Irtion contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust
<br />holding title to the Reel Property, or by any other method of Conveyance of an Interest In the Real Property. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (end in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water
<br />and sewer), fines and Impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for
<br />services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the
<br />interest of Lender under this Dead of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this
<br />Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pad of this Dead of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
<br />a replacement basis for the full insurable value covering all Improvements on the Real Properly In an amount sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgages clause in favor of Lender. Trustor shall also procure and maintain comprehensive
<br />general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional Insureds In
<br />such liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to hazard, business
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<br />20030140
<br />4
<br />WHEN RECORDED MAIL TO:
<br />FIVE POINTS BANK OF HASTINGS a Division of
<br />Hometown Bank
<br />MAIN BANK
<br />2815 OSBORNE DRIVE WEST
<br />HASTINGS NE 88901 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $45,000.00.
<br />cry
<br />C
<br />THIS DEED OF TRUST is dated January 23, 2003, among CHRIS BUSBOOM and DENNIS BUSBOOM, whose
<br />address is 1480 W BARROWS RD, HASTINGS, NE 68901 ( "Truster "); FIVE POINTS BANK OF HASTINGS a
<br />Division of Hometown Bank, whose address Is MAIN BANK, 2815 OSBORNE DRIVE WEST, HASTINGS, NE
<br />68901 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank of
<br />Hastings, a Division of Hometown Bank, whose address is P.0 Box 55, Hastings, NE 68902 -0055 (referred
<br />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 night, title, and interest in and to the following described reel 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 makers, (the "Real Properly') located in HALL County, State OT
<br />Nebraska:
<br />SEE EXHIBIT A
<br />The Real Property or its address Is commonly known as 1480 W BARROWS RD, HASTINGS, NE 68901.
<br />REVOLVING LINE OF CREDIT. Specifically, without limitation, this Deed of Trust secures a revolving line of credil, which obligates
<br />Lender to make advances to Truster so long as Truster complies with all the terms of the Note.
<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 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 THIS DEED OF TRUST. THIS 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 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 Dead of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Turner'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 Property; (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 tenantable condflon and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve Its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hfabudous Substance In violation of any Environmental Laws. Trustor authonzes Lender and its agents to enter upon the Property to make
<br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Dead of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws, and (2) agrees to indemnity and hold harmless Lender against any and all claims and losses
<br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnity shall si the payment of the Indebtedness
<br />and the satisfaction of this Dead of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option, declare immediately due and payable all sums secured by this Deed
<br />of Trust upon the sale or transfer, without Lender's prior written consent, of all or any pad of the Real Property, or any interest in the Real Property.
<br />A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold Interest with
<br />a term greater than three (3) years, lease Irtion contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust
<br />holding title to the Reel Property, or by any other method of Conveyance of an Interest In the Real Property. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (end in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water
<br />and sewer), fines and Impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for
<br />services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the
<br />interest of Lender under this Dead of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this
<br />Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pad of this Dead of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
<br />a replacement basis for the full insurable value covering all Improvements on the Real Properly In an amount sufficient to avoid application of
<br />any coinsurance clause, and with a standard mortgages clause in favor of Lender. Trustor shall also procure and maintain comprehensive
<br />general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional Insureds In
<br />such liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to hazard, business
<br />
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