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M <br />'^ m <br />= D v n <br />M CA <br />� y V <br />C:::) <br />rn s <br />fn� -'T <br />C7 <br />CD <br />M �a a <br />C1 <br />0 <br />U) , <br />W <br />C-) Cn <br />cc D <br />� rn <br />G <br />CD <br />-�, <br />z rT1 <br />A M <br />r x, <br />r r. <br />U) <br />n <br />O <br />N <br />CD <br />CD <br />O <br />cn <br />W <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 26, 2000, among Marvin F Beberniss and Katherine M Benson; <br />unmarried individuals ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box <br />5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and United Nebraska Bank, whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as <br />"Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real pro arty includingg <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hell County, �tate Of <br />Nebraska: <br />Parcel 1: Lot Fifteen (15), in Bernhard Voss First Subdivision, Hall County, Nebraska. <br />Parcel 2: Lot Six (6), in Block One (1), in Koehler Place, an Addition to the City of Grand Island, Hall <br />County, Nebraska. <br />The Real Property or its address is commonly known as 220 Voss Rd and 239 South Plum, Grand Island, <br />NE 68801. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />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, replacements, and maintenance <br />necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or <br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any <br />CD <br />Z; <br />r� <br />f� <br />N <br />to <br />C <br />E3 <br />CD <br />Z <br />0 <br />C <br />