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� <br />� <br />N � <br />B � <br />� � <br />N � <br />- 0 P , � <br />� � <br />0 � <br />CA — <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />-� <br />� <br />t� <br />� <br />� <br />� <br />� <br />� <br />� <br />te�`2 <br />,' '. � �» <br />� <br />� <br />�' <br />��� <br />�G = <br />rv <br />i �� <br />ti <br />� c� �- � <br />o �'` <br />< <br />� �._ <br />m +� � <br />c� r, <br /><`n � <br />-i ZJ <br />� '�� � <br />� � <br />' �' f--a <br />0 <br />m � <br />o cl"t <br />� <br />n � <br />O <br />c n <br />Z --I <br />--� m <br />� o <br />o -� <br />T ' z <br />n T rn <br />m <br />r � <br />r D. <br />� <br />� <br />n <br />� <br />� <br />N <br />O <br />F—a <br />i �.3 <br />O <br />s <br />cn <br />0 <br />W <br />WHEN RECORDED MAIL TO: <br />Exchange Bank � b <br />Gibbon Branch � I � <br />14 LaBarre Street <br />PO Box 760 <br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 5, 2012, among Elizabeth E. Davis, A Single Person, <br />whose address is 716 W 2nd Street, Grand Island, NE 68801 ("Trustor"); Exchange Bank, <br />whose address is Gibbon Branch, 14 LaBarre Street, PO Box 760, Gibbon, NE 68840 (referred <br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to below as <br />"Trustee" ►. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee tn trust, WITH POWER OF SALE, <br />for the beneflt of Lender as Beneficlary, 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 and 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, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property IOCated '111 HALL <br />County, State of Nebraska: <br />THE SOUTH ONE-HALF (S1/2) OF LOT SIX (6) AND THE NORTH ONE-HALF (N1/2) OF LOT <br />SEVEN (7), IN BLOCK TWO (2) IN FIRST ARTISTIC HOMES ADDITION TO THE CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA, EXCEPTING THEREFROM THE TRACTS OF <br />LAND MORE PARTICULARLY DESCRIBED IN THE RETURN OF APPRAISERS, RECORDED <br />AT BOOK 21, PAGE 625 IN THE OFFICE OF THE REGISTER OF DEEDS OF HALL COUNTY, <br />NEBRASKA. <br />The Real Property or its address is commonly known as 936 SOUTH LOCUST, GRAND <br />ISLAND, NE 68801. The Real Property tax identification number is 400010011. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute af limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Daed 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 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 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 timely manner perform all ofi <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 Matntaln. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compltance 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, manufacture, 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 release of any 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 />