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Q .� •� `'_; <br />m s � -� � <br />� �i N � <br />� <br />WHEN RECORDED MAIL TO: <br />Cornerstone Bank <br />Central City Facility <br />1631 16th Street <br />Cenual Citv, NE 68826-1815 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 14, 2012, among Grant A Carlson, whose address is �j�,�U <br />1040 S Sycamore St, Grand Island, NE 68801-7960 ("Trustor"); Cornerstone Bank, whose <br />address is Central City Facility, 1631 16th Street, Central City, NE 68826-1815 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to below as <br />"Trustee" 1. <br />CONVEYANCE AND GRANT. For valuable consideretion, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit 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 effixed buildings, improvements and fixtures; ell <br />easements, rights of way, and appurtenances; all water, water rights end ditch rights (including stock in utilities with <br />ditch or irrigation rightsl; end ell other rights, royalties, end profits relating to the real prope , mcluding without <br />limitation ell minerals, oil, gas, geothermal and similar matters, (the "Real Property IOCBte in Hall County <br />State of Nebraska: <br />The South 1/2 of the East 1/2 of Lot 10, of Vantine's Subdivision, located on part of the <br />Northwest 1/4 of Section 22, Township 11 North, Range 10 West of the 6th P.M., in the <br />city of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 1040 S Sycamore , Grand Island, NE <br />68801-7960. The Real Properly ta�c identification number is 400103001. <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 a Uniform Commercial Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AIVD 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 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 <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a iimely 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) remein in possession end <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 pertorm all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufecture, storage, treatment, disposal, <br />release or threatened release of any Hazardous 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 as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened releasa of eny Hazardous 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 claims 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 Hezardous <br />Substance on, under, about or from the Property; and (b) any such activity shell be conducted in compliance 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 />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shell be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or <br />to any other person. The representations and warranties contained herein are based on Trustor's due diligence in <br />investigating the Property for Hazerdous Substances. Trustor hereby (1) releases and waives any future claims <br />egainst Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under <br />eny such laws; and (2) agrees to indemnify, defend, and hold harmless Lender ageinst any and ell claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or lndirectly sustain or suffer resulting from <br />a breach of this section of the Deed of Trust or as e consequence of any use, generetion, manufacture, storage, <br />