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NE 68873 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 3, 2012, among JACK ARMSTRONG ("Trustor"); <br />CITIZENS BANK & TRUST COMPANY, whose address is ST PAUL BRANCH, 721 7TH ST , PO <br />BOX 385. ST PAUL, NE 68873 (referred to below sometimes as "Lender" and som�times as <br />"Beneficiary"); and CITIZENS BANK & TRUST COMPANY, whose address is 721 7TH ST - PO <br />BOX 385, ST PAUL. NE 68873 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, <br />for the beneflt of Lender as Baneficiary, 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; ell <br />easements, rights of way, and appurtenances; ell water, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rights); end all other rights, royalties, and profits relating to the real pro�erty, including without <br />Umitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ) located in HALL <br />County, Stat� of Nebraska: <br />The Westerly Thirty-Three (33) Feet of Lot Two (21, in Fractional Block Fourteen (14), in <br />Bonnle Brae Adition and its complement, Fractiona) Lot Two (2), in Fractional Block Three <br />(3), in Arnold & Abbott°s Addition, both being Additions to the City of Grand Island, Hall <br />County, Nebraska. <br />The Real Property or its address is commonly known as 1121 W 4TH STREET, GRAND <br />ISLAND, NE 68801. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and Uab(lities, <br />plus interest thereon, of Trustor to Lender, or eny one or more of them, as well as all claims by Lender egainst 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 />ebsolute or contingent, Uquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated es guarentor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel <br />under Truth in Landing in connection with any additional loans, extensions of credit and other liabilities or obligations of <br />Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is <br />given. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a commftment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />Trustor, together with all interest thereon. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <br />interest (n 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 OBLI(3ATIONS UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DE@D OF TRUST. THIS <br />DEED OF TRUST IS dIVEN 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 />emounts secured by this Daed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's obl(getions under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANGE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession end Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and <br />control of the Property; (2) use, operete or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replecements, and maintenance necessery to preserve its velue: <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 hes been no use, generetion, 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 hes no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />N <br />O <br />{� <br />� <br />� <br />� <br />� <br />-�] <br />CD <br />�� � <br />