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�� <br />� <br />�� <br />N � <br />0 �� <br />� ��� <br />N �� <br />� �� <br />W � <br />� �� <br />N —� <br />� <br />.�� <br />0 <br />�� <br />�� <br />DEED OF TRUST <br />N <br />O <br />a-' <br />iv <br />C7 <br />� <br />W <br />� <br />N <br />� <br />� <br />u <br />.� <br />.. <br />. <br />.�. <br />THIS DEED OF TRUST is dated September 24, 2012, among Nathaniel A Schanou and Kristi S. ��� <br />� Schanou, whose address is 4025 Sacramento Cir, Grand Island, NE 68803-1538 ("Trustor"1; �`�� <br />�� CORNERSTONE BANK, whose address is Shelton Facility, 119 C Street, P.O. Box,639, Shelton, <br />..- NE 68876-0639 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; <br />� and CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 <br />�,, (referred to below as "Trustee"). <br />'�"' CONVEYANCE AND GRANT. For valuable consideretion, Trustor conveys to Trustee in trust, 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 affixad 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 prope including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") loceted in Hell County, <br />State of Nebraska: <br />Lot 15, Jeffrey Oaks Third Subdivision to the C'ity of Grand Island, Hall County,Nebraska <br />The Real Property or its address is commonly known as 4025 Sacramento Circle, Grand Island, <br />NE 68803-1538. The Real Property tax identification number is 400367424. <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 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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT <br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY <br />EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AQREEMENT, OR ANY OF THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF <br />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 shali 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 PROPERTI'. 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 />Compllance 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 />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any 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 ahall be conducted in compliance with <br />all applicabJe 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 mada by Lender shall be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender 3o Trustor or <br />to any other person. The representations and warranties contained herein are based on Trustor's due diligence in <br />�� <br />� a� <br />� <br />� � � r D..� <br />y � r • <br />ll► � c ., ' __. <br />� � �' �' �=�. _ <br />'� Y p �, i .� �- <br />c, <br />� 9 � <br />L� <br />� :•_ { <br />R � i rP, <br />� d ::� �,. <br />t `' _ <br />�-7 �r,' <br />� i �: <br />J C; �. <br />[n ) <br />� � <br />_� C7 C!� <br />:� O --1 <br />C D <br />c-� z —1 <br />�. � � m <br />_.{ - � o <br />c � <br />�� <br />�S <br />� <br />c� ) <br />f'�� <br />� <br />--- .7 <br />� •;� <br />� -.��. <br />r n <br />G'� <br />� <br />z <br />� � <br />� <br />er> <br />WHEN RECORDED MAIL TO: <br />CORNERSTONE BANK <br />Shelton Facility <br />719 C Street <br />P.O. Box 639 <br />Shelton, NE 68876-0639 FOR RECQRDER'S USE ONLY <br />