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NE 68026-0228 FOR RECORDER'S USE ONLY <br />F'remont f lational Ban� <br />�.Trust Company <br />MffdABER FDiC <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $140,000.00. <br />THIS DEED OF TRUST is dated December 19, 2011, among JASON DANNELLY and ABBY <br />DANNELLY; HUSBAND AND WIFE ("Trustor"); Fremont National Bank and Trust Company, <br />whose address is 152 E 6th St, P.O. Box 228, Fremont, NE 68026-0228 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Fremont National Bank & Trust <br />Company, whose address is P.O. Box 228, Fremont, NE 68026 (referred to below as <br />"Trustee" ). <br />CONVEYANCE AND GRANT. For valuable consideretion, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the beneftt of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br />property, together with all existing or subsequently erected or affixed buildings, improvements end fixtures; all <br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, mcluding without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the " Real Property IOCeted In Hell COUnty, <br />State of Nebraska: <br />THE SOUTHERLY 92 FEET OF LOT EIGHT (8), BLOCK ONE HUNDRED TWENTY SIX ( 7 261, <br />KOENIG AND WIEBE'S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA. <br />The Real Property or its address is commonly known as 906 W Koenig St., Grand Island, NE <br />68801. The Real Property tax identification number is 400056690. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor <br />grants to Lender e Uniform Commercial Code security 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 <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AIVD ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender aIl <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's obligations under the Note, 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 <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and <br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that; (11 During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threstened release of ar,y Fi�aardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there has been, except es previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmenial Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of eny Hazerdous Substance <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or cleims of any kind by any person relating to such matters; and (3) Except as previously <br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor eny tenant, contractor, agent or other <br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous <br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in comptiance with <br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the <br />� <br />O <br />N <br />� <br />0 <br />CL) <br />� <br />C.J <br />� <br />�� � <br />