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- <br />� <br />�= <br />,- <br />� = <br />� � <br />� � <br />0 — <br />- <br />� <br />� <br />� ����9 <br />� <br />�' � <br />��� <br />�� <br />�� <br />i <br />�Y <br />��i <br />@i <br />I <br />_ <br />� <br />� �, . <br />� <br />c:� , -;- <br />c? � <br />ay �r <br />rn _ <br />;. � i �-- <br />,;-' �.`'_ <br />i <br />-� <br />a� <br />-°� <br />� � , <br />-� � . <br />f�l <br />� t��. . <br />) <br />,-., <br />,:� <br />._.� <br />.� <br />_.� <br />� �:; <br />�� <br />C7� <br />�� <br />� <br />H--� <br />�a <br />c .? <br />�.A� <br />�� <br />�� <br />� �. <br />� --� <br />� rn <br />� � <br />o T� <br />'� z <br />S fTl <br />D � <br />�"' � <br />r n <br />� <br />� <br />v D <br />� <br />� <br />WHEN RECORDED MAII TO: <br />CITI2ENS BANK & TRUST COMPAiVY <br />_ 1� ST PAUL BRANCH <br />� i�Y 721 7TH ST <br />PO BOX 3S5 <br />ST PAUL, NE 68873 FOR RECORDER'S USE ONLY <br />�� <br />� <br />� <br />�' <br />� <br />� <br />� <br />� <br />� <br />� <br />N <br />0 <br />� <br />� <br />�� <br />� <br />-�7 <br />� <br />0 <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 3, 2012, emong JACK ARMSTRONG ("Trustor"); <br />CITIZENS BANK & TRUSI' 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 sometimes as y� °— <br />"Beneficiary"); and CITIZENS BANK & TRUST COMPANY, whose address is 721 7TH ST - PO <br />BOX 385, ST PAUL, NE 68873 (referred to b�low as "Trustee"). <br />CONVEYANCE AND (3RANT. For valuable consideration, Trustor conveys to Trustee in 4rust, WITH POWER OF SALE, <br />for the beneflt of Lender as Beneflciary, 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, royaltles, and profits relating to the real pro�erty, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ) located in HALL <br />County, State of Nebraska: <br />Lot Two (2), Block Fifteen ( 7 5), Rollins Addition, City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 907 W 5TH STREET, GRAND ISLAND, <br />NE 68801. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts end liebilities, <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 unliquideted, whether Trustor may be liable individually or Jointly with others, <br />whether obligated as guarantor, surety, accommodation perty or otherwise, and whether recovery upon such emounts <br />may be or hereafter may become barred by any stetute of Iimitations, end whether the obligation to repay such amounts <br />mey be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the r(ght to cencel <br />under Truth fn Lending 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 edvances are made pursuent to a commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts speclfied 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 es Beneficiary in thfs 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 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 IIMDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS QIVEN AND ACCEPTED OIV THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pey 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 of <br />Trustor's obl(gations 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 end 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 menage the Property; end (3) collect the Rents from the Properry. <br />Duty to Mairrtatn. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Complianca With Environmental Laws. Trustor represents end 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, dlsposal, <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 thet there has been, except as previously disclosed to and <br />ecknowledged by Lender in writing, (a) any breach or vlolation of any Environmental Laws, (b) any use, <br />generation, manufacture, storege, treatment, disposel, releese or threatened release of any Hazardous Substance <br />