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m <br /> � � N n� � <br /> m"' � �cD m <br /> ; � n� � � �m N m <br /> O m <br /> � � O 0 <br /> � zo p � Oz 0 � <br /> � �� 0 0 D� � U�i <br /> � <br /> - fmrl cmi mp D r� � � <br /> � � C <br /> c�n� � � <br /> � O <br /> N� Qp .�.� z <br /> p� � � � <br /> Z <br /> O <br /> WMEN RECORD�.b MAlL TO: <br /> First National Bank of Omaha <br /> Cyrand Island 6ranch <br /> 810 A11en Dr <br /> Grand fsland, NE 68803 FOR R�CORDER'S USE ONLY <br /> DEED OF TRUST <br /> MAXIMUM LIEN. The iien of this Deed af Trust shalf not exceed afi any one time S 142,00�.00. <br /> THlS D�ED OF TRUST is dated July 1, 2014, among Keith P. Espeland and Jodi A. �speland; <br /> as Hust�and and Wife {"Trustor"}; First Natianal Banlc of Omaha, whose address is Granc3 Island <br /> Branch, 810 Allen Dr. Grand Island, NE 68803 {referred to below sometimes as "Lender" and <br /> sornetimes as "Benefiiciary"]; and {referred to befovu as "Trustee""}. <br /> CONVEYANCE AND GRANT. For�aluable consideration, Trustor conveys to Trustee in trus#. WI7H POWER OF SALE. <br /> for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the foflowing descrihed real <br /> praperty, together with afl existing or subsequentfy erected or a#fixed buildings, improvements and fixtures; all <br /> easements, rights of way, and appurtenances; all water, water rights and ditch rights fincluding stock in utilities with <br /> ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, ineluding without <br /> limitation all minerals, oil, gas, geothermal and similar matters, [the "Real PI'0�3��'ty"} 1oc�#ed in Hall County, <br /> 5tate o# Nebraslca: <br /> Lot One {1), J Clark 5ubdi�ison, in the City of Grand �sland, Hal! County, Nebraska <br /> 7he Real Property or its address is cpmmonly known as 1710 S. Warrison St., Grand lsland, NE <br /> 68803. <br /> Trustor presently assigns to Lender (also known as Beneficiary in lhis Deed of Trust� all of 7rustor's right, title, and <br /> interest in and to all present ancf future leas�s of the Proper#y and a31 Rents from the Property. ln addition, Trustor <br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br /> THIS DEED O�7RU5T, INCLUDING THE ASSIGNMENT OF RENTS ANp 7H�SECURITY 1NTEREST IIV THE RENTS ,4ND <br /> PERSONAL PROPERTY, 15 GIVEN TO SECURE {A1 PAYM�N7 OF THE INDESTEDNESS AND (B) PERFdRMANCE OF <br /> ANY AND ALL OBLfGATIONS UN��R 7H� NOTE, THE F�ELATED DOCUMENTS, AND TH45 DEED QF TRUS7. 7HIS <br /> DEED OF TRUST IS GIVEN AIVD ACCEPTED ON THE�OLLaWING TERMS: <br /> TRU5TDR'S R@PRESENTATIONS AND WARRANTIES. Trustor warrants that: {a► this Deed of Trust is executed at <br /> Borrower's request and not ac the request ofi Lender, fbl Trustor has the full power, right, and authority to enter into <br /> this Deed of Trust and to hypochecate the Property; [c� the provisions of this Deed of Trust do not conflict with, or <br /> result in a default under any agreement ar other instrument binding upon Trustor and do not result in a violation of any <br /> law, regulation, court decree or order applicable to Trustor; {d} Trustar has es#ablished adequate means of obtaining <br /> from Borrower vn a continuing basis information about Borrower's financial condition; and {e} Lender has made no <br /> representation to Trustor abaut Borrower (including without limitation the creditworthiness of 8orrower}. <br /> TRUSi'OR'S WAtVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" <br /> law, or any other law which may prevent Lendar frnm bringing any action against Trustar, including a claim fvr <br /> deficiency to Che extent Lender is otherwise entitled to a claim for deficiency, befiore or after Lender's commencemen# <br /> or completion of any foreclosure action, either judicially or by exercise of a power of sale. <br /> PAYMEN7 AND PERFORMANCE, Except as oCherwise provided in this Deed of Trust, Borrower shall pay to Lender all <br /> ]ndebtedness secured by this Deed ofi Trust as it becomes due, and Borrower and Trustor shall perfarm a11 their <br /> respeotive ohligations under the Note, this �eed of Trust, and the �telated Documents. <br /> POSSESSION AND MAIN7ENANCE OF THE PROP�RTY. Borrower and Trustor agree that Borrower's and Trustor's <br /> possession and use of the Proper#y shall be governed by the following provisions: <br /> Posssssion and Uss. Until the occurrence of an Event of Defiault, Trustor may (1} remain in possession and <br /> control of the ProperYy; 12} use, operate or manage the Property; and (3) collect th� Rents from the Praperty. <br /> Duty to Mainta9n. Trustor shall maintain the Property in tenantable condiYion and promptly perfarm a!I repairs, <br /> replacements, and maintenance necessary to preserve its value. <br /> Cpmplianca With Environmantal Laws. Trustor represents and warrants to iender that: (1) During the period of <br /> Trustor's ownership of Che Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br /> release or threatened release of any Hazardous 5ubstance 6y any persan on, under, about or from the Praperty; <br /> {2} Trustor has no knowledge of, or reason io believe that there has been, excep# as previously disclosed to and <br /> acknowledged by Lender in writing, {a} any breach or violation of any En�ironmental Lews, [b) any use, <br /> generatior�, manufacture, storage, treatment, disposal, releasa or threatened release of any i-lazardous Substance <br /> an, 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] �xcept as pre�iously <br /> disclosed ta and acknowledged by Lender�n writing, (a) neither Trustor nor any tenant, contractor, agent or other <br /> authorized user of the Property shall use, generate, manufacture, s#ore, treat, dispose of or release any Hazardous <br /> 5ubstance on, under, about ar from the Property; and {6) any such activity shall be conducted in compliance with <br /> all applicable federal, staYe, and loca! laws, regulations and ordinances, including without limitation all <br /> _.__-- . _..___...._._ _�__��......._.�,_._..,�..��_.��__.....�...,,,...,,-�.._�..._.,.,�_e-.,m,,,,-�--.��..,.„,_.....�.�,m..r...._..,..�._....rr�,.m,,,���.,,r--,_.,..._..a...�,-..._q.w,..y.�,a.P�.�-..�.,1'r�'�."'iP"'1"I"^""' -..�,�._.... <br /> . . . i�_",_'""_�_P"�"�"��"". <br />