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THIS DEED OF TRUST is dated April 15, 2002, among TIMC?THY C PLATE; aka TIM C PLATE, A SINGLE <br />INDIVIDUAL ( "Trustor "); United Nebraska Sank, whose address Is Grand island Office, PO Box 5018, Grand <br />Island, NE 68802 (referred to belong somethres as "Lender" and sometimes as "Beneficiary"); and United <br />Nebraska Banes , Whose address Is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truslor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustc,'s right, title, and interest in anc to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of %-ay, and appurtenances; all water, water rights and <br />ditch rights (including stock it,. 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 matters, (the "Real .,Property") located in HALL County, State of <br />Nebraska: <br />SEE EXHIBIT "A" WHICH IS ATTACHED TO THIS DEED OF TRUST AND MADE A PART OF THIS DEED <br />OF TRUST AS IF FULLY SET FORTH HEREIN <br />The Real Property or its address is commonly known as PARCEL 1: 435 E HALL, GRAND ISLAND, NE <br />68801 PARCEL 2: 335 E NEBRASKA, GRANS] ISLAND, NE 68801. PARCEL 3: 1221 W CHARLES AND 411 <br />S ADAMS, GRAND ISLAND, NE 68801 PARCEL 4: 911 -913 S EDDY, GRAND ISLAND, NE 68801 AND <br />PARCEL 5: 344 E SOUTH, GRAND ISLAND, NE 68801, GRAND ISLAND, NE 68801. <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 la&Sc5 of the Property and all Rents from the Property. In addition, Truslor grants to Lender a Uniform Commercial Code security <br />interest in the :Iersonal Property and Rents, <br />THIS DEED Or TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURi?Y 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 BOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise p.,cvid3d In this Dw.d of Trust, Trustor.shal; 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 Deed of Trust, <br />and the Related Document;. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truster'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, Truslcr 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 Properly. <br />Duly 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: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatmant, disposal, release or threatened release of any Hazardous <br />Substance by any parson on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />use, generation, manufacture, storage,, treatment, disposal, release or threatened reicase of any Hazardous Substance on, under, about or <br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any <br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Truster nor <br />any tenant, contractor, agent or other authorized user of the Property shall use; generate, manufacture, store, Irea!, dispose of or release any <br />Hazardous Substance on, under, about or from the Property; and (b) any such FIC'Oty shall be conducted in compliance with all applicable <br />fedsrai, state, and !ocal laws. regulations and ordinances, including without limitation all Environrental Laws. Trustor authorizes Lender and <br />i!s agents to enter upon the Pruperly to make such inspections end tests, at Truslo,'s exrense, as tender may deem appropriate to <br />determine compliance of the Property with this section of Ina Deed of Trust, Any'nspections or tests made by Lender shat, be for Londer's <br />purposes only and shrill not be construed to create any responslb "'Iv or liability on the phrt of Lender to Trustor or to any other person. The <br />representations and warranties contained herein are based o!l Trustor's d -lo diligence In Investigating the Property for Hazardous <br />Substances. Trustor hereby (1) releases and waives any future ctairrs against Lander for indemnity or contribution in the event Trustor <br />becomes liable for cleanup or other costs under any such laws; and (:r) agrees to indemnify and hold harmless Lender against any and all <br />claims, tosses, liabilities, damages, penalties, and expenses which Lender map directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Truster's ownership or 1 terest in the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Deed c Trust, including the obligation to ` ndemnify, shall survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest In the <br />Property, whether by foreclosure or otherwise. <br />Nuisance. Wa :le. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to <br />the Property or any portion of the Properly. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other <br />party the right to remove, any timber, minerals (Including oil and gas), coal, c',ay, scoria, soil, gravel or rock products without Lender's prior <br />written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without lender's prior written <br />consent- as a condition to the removal of any Improvements, Lendar may require Truslcr lc make arrangements satisfactory to Lender to <br />replace such improvements with Improvements of at least equal value. <br />rn <br />3: > <br />_ <br />ry <br />n N <br />c <br />Q <br />r n <br />co <br />J <br />C:) <br />(" <br />`� Cy <br />O \ <br />O -rt <br />•. co <br />17-0 <br />Lr <br />rn <br />3 <br />r1] <br />C <br />CA <br />k0 <br />Z—n\ /1/(Q ,l' i Yl <br />%: <br />WH ECORDED M&%: <br />United Nebraska Bank <br />Grand Island Office <br />PO Box sula <br />grar!d i.glangl, NE 69802 <br />FOR RE <br />D R' <br />Y <br />_ <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 15, 2002, among TIMC?THY C PLATE; aka TIM C PLATE, A SINGLE <br />INDIVIDUAL ( "Trustor "); United Nebraska Sank, whose address Is Grand island Office, PO Box 5018, Grand <br />Island, NE 68802 (referred to belong somethres as "Lender" and sometimes as "Beneficiary"); and United <br />Nebraska Banes , Whose address Is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truslor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustc,'s right, title, and interest in anc to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of %-ay, and appurtenances; all water, water rights and <br />ditch rights (including stock it,. 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 matters, (the "Real .,Property") located in HALL County, State of <br />Nebraska: <br />SEE EXHIBIT "A" WHICH IS ATTACHED TO THIS DEED OF TRUST AND MADE A PART OF THIS DEED <br />OF TRUST AS IF FULLY SET FORTH HEREIN <br />The Real Property or its address is commonly known as PARCEL 1: 435 E HALL, GRAND ISLAND, NE <br />68801 PARCEL 2: 335 E NEBRASKA, GRANS] ISLAND, NE 68801. PARCEL 3: 1221 W CHARLES AND 411 <br />S ADAMS, GRAND ISLAND, NE 68801 PARCEL 4: 911 -913 S EDDY, GRAND ISLAND, NE 68801 AND <br />PARCEL 5: 344 E SOUTH, GRAND ISLAND, NE 68801, GRAND ISLAND, NE 68801. <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 la&Sc5 of the Property and all Rents from the Property. In addition, Truslor grants to Lender a Uniform Commercial Code security <br />interest in the :Iersonal Property and Rents, <br />THIS DEED Or TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURi?Y 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 BOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise p.,cvid3d In this Dw.d of Trust, Trustor.shal; 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 Deed of Trust, <br />and the Related Document;. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truster'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, Truslcr 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 Properly. <br />Duly 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: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatmant, disposal, release or threatened release of any Hazardous <br />Substance by any parson on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />use, generation, manufacture, storage,, treatment, disposal, release or threatened reicase of any Hazardous Substance on, under, about or <br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any <br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Truster nor <br />any tenant, contractor, agent or other authorized user of the Property shall use; generate, manufacture, store, Irea!, dispose of or release any <br />Hazardous Substance on, under, about or from the Property; and (b) any such FIC'Oty shall be conducted in compliance with all applicable <br />fedsrai, state, and !ocal laws. regulations and ordinances, including without limitation all Environrental Laws. Trustor authorizes Lender and <br />i!s agents to enter upon the Pruperly to make such inspections end tests, at Truslo,'s exrense, as tender may deem appropriate to <br />determine compliance of the Property with this section of Ina Deed of Trust, Any'nspections or tests made by Lender shat, be for Londer's <br />purposes only and shrill not be construed to create any responslb "'Iv or liability on the phrt of Lender to Trustor or to any other person. The <br />representations and warranties contained herein are based o!l Trustor's d -lo diligence In Investigating the Property for Hazardous <br />Substances. Trustor hereby (1) releases and waives any future ctairrs against Lander for indemnity or contribution in the event Trustor <br />becomes liable for cleanup or other costs under any such laws; and (:r) agrees to indemnify and hold harmless Lender against any and all <br />claims, tosses, liabilities, damages, penalties, and expenses which Lender map directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Truster's ownership or 1 terest in the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Deed c Trust, including the obligation to ` ndemnify, shall survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest In the <br />Property, whether by foreclosure or otherwise. <br />Nuisance. Wa :le. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to <br />the Property or any portion of the Properly. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other <br />party the right to remove, any timber, minerals (Including oil and gas), coal, c',ay, scoria, soil, gravel or rock products without Lender's prior <br />written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without lender's prior written <br />consent- as a condition to the removal of any Improvements, Lendar may require Truslcr lc make arrangements satisfactory to Lender to <br />replace such improvements with Improvements of at least equal value. <br />