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m <br /> � � N � � <br /> mm o D m <br /> �'o � n� ��cn nm N m <br /> u, �o m � �� p 0 <br /> � � �c� Q � Z �z Ul � <br /> �' z D �' o �m � z <br /> � �� o � �W � � <br /> �� m �� � <br /> � m� mo � DCDTi� � � <br /> (�3�.Z�l � � r J� � <br /> Oo� 0 �� z <br /> O� O � � <br /> � Z <br /> O <br /> WHEIV RECORDED MAIL TO: <br /> First Nationa[Bank of Omaha <br /> Grand Isfand Branch <br /> Si0 Allen Dr <br /> Grand Isfanrl NE 68803 FOR itECORDEi2'S USE ONLY <br /> D�ED OF TRUST <br /> THiS �EEp OF TRUS7 is dated January 7, 2p95, among Jason King, ►n►hose address is 312 E. <br /> Pl�m St, Doniphan, NE 68�32 and Lisa M. King, whose address is 3'!2 E. Plum St, Doniphan, <br /> NE 6$832 ('Trustor'�; Firs# Hatior�al Bank of Omaha, whose address is Grand island Branch, <br /> 810 All�n Dr, Granc! Island, NE 68803 (referred to below sometirnes as "Lender" and <br /> sametimes as "Beneficiary"); and Pfaite Valley State Bank 8� 7rust Company, whose address is <br /> 89Q Alfen Dr, Grand fsland, NE 688Q1 (re€erred ta befow as "Trustee"). <br /> CONVEYANC�AND GRANT. For valuabEe consideration,Trustor con�eys to Trustee in trust,WITF! PQWER OP SALE, <br /> far the benefit of Lender as Beneficiary, all of Tr�stor's right, title, and interest in and to the folfowing described real <br /> property, togather with all existing or subsequently erected or affix�d buildings, improvements and fxtures; afl <br /> easements, rights of way, and appurtenances; all wa4er, wa#er rights and ditch rights (including stock in utili#ies with <br /> ditch or irrigation rights); and alf other rights, royalties, and profits relating to Ehe real property, inc[udin without <br /> limitation al! minerals, oil, gas, geothermal and similar ma�ters, (the "Real P�'op�rty") iOcated in Hall �ounty, <br /> State af Nebraska: <br /> See �xhihit "A", whic� is attached to this Deed of Trust and made a part of this Deed of <br /> Trust as if fully set forth herein, <br /> The Real Property or its address is commoniy known as PT E1I2SW114 17-9-9Q, Doniphan, <br /> NE G8832. <br /> CROSS-COLLATERALIZA710N. In addition to the Note, this �eed of Trust secures all obfigations, debks and liabilities, <br /> plus interes##hereon, of Trustor to Lender, or any one or more of them, as weil as ali claims by Lender againsf Trusfor <br /> or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to #he purpose of <br /> the Note, whether �oluntary or ofherwise, whather due or not due, direct or indirect, determined ar undetermined, <br /> absolu#e or contingent, liquidated or unliquidated, whether Trusfor may be liable individually or jointly wifh others, <br /> whether obligated as guarantor, surety, accommodation parky or otherwise, and whefher recovery upon such amaunts <br /> may be or hereafter may become barred by any sta#ute of limitations, and whether the ohligation to repay sucf� amoun#s <br /> may be or hereafter may become o#herwise unenforceable, <br /> FUTURE ADVANCES. In addition to the Note,this �eed of Trust secures ali fufure advances made by Lender fo Trustor <br /> whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this {]eed of Trust <br /> secures, in addition to the amounts specified in the Note, all future amounts L�nder in its discretian may loan to <br /> Trustor,together with aEl interest fhereon. <br /> Trustor presently assigns to Lender {also known as Beneficiary in this Deed of Trust) aEl of Trustor's right, ti#]e, artd <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 Uniforr-n Commercial Cade security interest in the Personal Property aRd Rents. <br /> THIS aEE�OF TRUS7, [NCLU�ING TFEE ASSIGNMENT OF RENTS ANp THE SECURITY INTERE5T IN THE RENTS ANI] <br /> P�R50NA! PRQPERTY, IS GIVEN TO SECURE (A) AAYMENT OF TWE IND�BTEDNESS ANb (B] PERFORMANCE QF <br /> ANY AND ALL OBLIGATIONS UNDER 'fHE N�TE, TNE RELATED DOCUMENTS, APID THIS dEE� OF TRUST. THIS <br /> DEED OF TRUST IS GIVEiV ANp ACCEPTED pN TNE FOLLOWING TERMS: <br /> PAYMENT ANd PERFOR{NANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br /> amounts secured by this Deec! oi Trust as they become due, and shall strickly and in a timely rr�anner perform all of <br /> Trustor's obligations under the Nofe,this�eed af Trus#, and the Related�ocuments. <br /> POSSESSfON AND MAIN7ENANCE OF THE PROPERTY, Trustor agrees Yhat Trustor's possession and use of the <br /> Property shal3 be governed by#he following provisions: <br /> Possession and Use. Until the occurrence of en �vent of Default, Trustor may (1) remain in possession and <br /> control af the Property; (2) use,operate or rr�anage the Properry;and (3) co[lect the Rents from fhe Propert}r. <br /> 17uty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br /> replacements,and maintenance necessary to preserve its value. <br /> Compliance With Enuiranmenta[ Laws. Trustar represents and warrants to Lender thaf: (1} During the period of <br /> Trustor's ownership of the Property,there has been no use,gerteration, manufacture,sforage,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 knowlecfge of, or reason Ya believe#hat there has been, except as previously discfosed 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, uroder, about or from the Property by any prior ownars or occupan#s of the Property, or {c) any acEual or <br /> threatened IitigaYion or claims of any kind 6y any person relating to such matters, and (3) Except as previously <br /> disclos�d to and ac[cnowledged by Lender in wri#ing, (a) neifher Trusior nor any tenant,contractor,agent or other <br />--�---- ��..,. ..�_�, <br /> ��II-1T� I I��-I���i�l TT�T 'I I: I i'�1�11�� 11�I�f���:l T�T-W�,i ! �bfI�IITTII I i11......_�_��.i_.�...aT�l�l'�"�i�'i��ill�"'��il..__.___...e_i�.._.�.. r"T'""i""'r�'TiTiIT�'"i_..r...�_._��_.�..�.___.__ <br />