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rn <br /> m � � � <br /> rnm � y rn <br /> o �� � � �rn � rn <br /> a� �o rn � �C p � <br /> o �z � C Z� � � <br /> � �c� � r �z �7 cn <br /> o G�7� � � �rn � z <br /> �� o 00 �� � � <br /> rnm rn � _� � � � <br /> rn c� o � �cr' � c i <br /> �° `� r� � I <br /> �� � rn <br /> R3� � �.� � <br /> �� � � � � <br /> � � Z <br /> � I <br /> I <br /> VIIHEN REC�RDED MAIL T�: <br /> First State Sank <br /> Scottsb�uff Office ; <br /> P.�.Box 7�fi7 , <br /> 2D�2 Broadway � <br /> Scottsbluff, NE 693fi3-'I�67 F�R RECORDER'S U5E�NLY <br /> _ _ . . „� _,, <br /> DEED DF TRUST <br /> THIS DEED QF TRUST is dated Ju�y '1�, ��'1 C, among Rnger E. Hnlsinger and St�phan�e �. <br /> Halsinger. Hushand and Wife, whose address is 15'i 7 A�enu� L, Scattshluff, NE 693�'1-413Q <br /> �"Trustor"�; First State Bank, whase address is Scottsbluff �ffice, P.�. Box '!�fi7. ZQ�2 <br /> Broadway. Scottsb�uff. NE 693�3-1267 treferred to be�ow sometimes es "Lender" and <br /> sometimes as "Benef�ciary"�: and First State Bank, whose address is P.�. Box ���7. <br /> Scotts�luff, NE 69363 treferred to be��w as "Trustee"y. <br /> CONVEYANCE AND GRANT. For �aluable consideratinn, Trustor�con�eys to Trustee in trust. WfTH PDVIIER �F SALE. <br /> for the benefit o� Lender as Beneficiary. all of Trustor's right, title, and interest in and to �he following described real <br /> property, together with all existing or subsequently erected or affixed build�ngs, impro��ments and fixtures; a11 <br /> easements, rights of way, and appurienances; a�l water, water rights and ditch rights �including stock in utilities with <br /> ditch or irrigation rightsy; and all other rights, royaities, and prvfits relating to the �eal property, incEuding withaut <br /> timitation all minera�s, oil, gas, geotherma! and similar matters, �the "Rea1 Property"j Iocated in Hall �ounty, <br /> 5tate of Nebraska: � <br /> � . . . . . . . . . . <br /> Lot N�ne t9j, B�ack E�ght �8y. �n Parkhil� Second 5ubd��is�on, an Addit�on to the City of <br /> Grand island, Hall County, Nebraska. <br /> The Real Property or its address is commanly known as 2323 West Phaenix Avenue, Grand <br /> island, NE f88�3-6Z47. <br /> � Trustor presently assigns t❑ Lender �also known as Beneficiary in this Deed ❑f Trusif all vf Trustor's right, title� and <br /> interest in and to all present and tuture leases ❑f the Property and a�! Rents frvm the Property. In addition, Trustor <br /> grants to Lender a Unifarm Commercial Code security interest in the Personal Property and Rents. <br /> 4 THES DEED �F TRUST, �NCLUDlNG THE ASSIGNIIAENT �F RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> � PERS�NAL PRDPERTY, 1S GIVEN T� SECLJRE {A� PAYMENT nF THE INDEBTEDNESS AND [B) PERF�RNiANCE 4F <br /> ANY AND ALL QBLlGAT1�N5 UNDER THE NQTE, THE RELAT�D D�CUN[ENTS. AND TH15 DEED �F TRUST. TH15 <br /> DEED�F TRUST lS GiVEN AND ACCEPTED�N THE FOLL�WING TERMS: <br /> PAYIVIENT AND PERF4RMANCE. Except as otherwise prvvided in this Deed of Trust, Trustor shall pay to Lender al� <br /> amounts secured by this Deed �f Trust as they become due, and shall strictly and in a time�y manner perform a!I of <br /> ; Trustor's obligations under the Note, this Deed o�Trust, and the Related Dacuments. <br /> I P�SSE55lQN AND MAINTENANCE �F THE PR�PERTY. Trustor agrees that Trustar's possession.and use vf the <br />� Property shail be ga�erned hy the following prv�isions: <br /> Possession and Use. Until the occurrence of an E�ent of Default, Trustor may �1 y remain in passession and <br /> cvntrvl of the Praperty; {�� use, operate vr manage the Prvperty; and �3} collect the Rents frvm the Praperty. <br /> ❑uty to Maintain. Trustor shall rnaintain the Property in good conditivn and promptly perform a�� repairs, <br /> replacements� and maintenance necessary t❑ preser�e its value. <br /> Compliance With En�ironmsntal Laws. Trustor represents and warrants to Lender that: {�� During the period o# <br /> Trustor's ownership�f the Property. there has been no use, g�neration, manu�acture, storage, treatment, disposaf, <br /> release ar threatened release o� any Hazardous Substance by any person on, under, about or from the Property; <br /> �2y Trustor has no knnwledge of� or reasvn to belie�e that there has be�n� excepE as pre�ious�y d'+sclosed ta and <br />, acknowledged by Lender in writing, �a� any breach or �iotation of any En�irvnmentat Laws, �b} any use, <br />, generation, manufacture, storage, treatment, disp�sal, re�ease or threatened release vf any Hazardous Substance <br /> on, under. about or from the Property by any prior owners or occupants of the Property, or tcf any actual ❑r <br /> threatened f+tigation or c�aims of any kind by any person relating ta such matters; and {3f Except as pre�iously <br />� disclosed tv and acknowledged by Lender in writing, �ay neither Trustor nar any tenant, contractor, agent or other <br /> autharized user of the Property shall use, generate, ma�ufactur�, store, treat, dispose of ar refease any Hazardaus <br /> 5ubstance on, under, about or from the Properiy; and .�b) any such actt�ity shalf be conducted in cvmptiance with <br /> all applicable �ederal, state, and locat laws, regutations and ordinances, including without limitation all <br /> En�ironmenta! Laws. Trustor authvrizes Lender ar►�i its agents to enter upon the Property t❑ make such <br /> inspections and tests� at Trustor's expense. as Lender may deem appropriate to determine compliance of the <br /> Property with this sectivn vf the Deed of Trust. Any inspec�ions ar tests made by Lender shail be for Lender's <br /> purpvses anly and shal� not be cvnstrued to�reate any r�spansibi�ity�r liabil�ty on the part o� Lender to Trustor or <br /> tv any ❑ther person. The representations and warraniies cvntained herein are based on Trustor's due diligence in <br /> in�estigating the Prvperty f�r Hazardous Substances. Trust�r hereby �1 y releases and wai�es any future claims <br /> agains� Lender for indemnity or contribution in the e�ent Trustar becvmes �iable for c�eanup or other costs under <br /> any such laws; and t�y agrees to indemnify, defend, and hold harm�ess Lender against any and all c�aims, Iosses, <br /> iiabilities. damages, penalties, and expenses whi�h Lender may directly or indirectly sustain or sutfer result+ng fram <br /> I <br />