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 />
|