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<br />WHEN RECORDED MAIL TO:
<br />Bank of Clarks
<br />301 N. Green
<br />P.O. Box 125 200105721
<br />Clarks. NE 68628 -0125 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST " o
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $130,000.00. C a
<br />THIS DEED OF TRUST is dated June 14, 2001, among Lea Anne Hedges, as wife of Sean E. Hedges and es#_
<br />joint debtor, whose address is 819 Driftwood Court, Grand Island, NE 68803; Rosanna Mostek, as wife of
<br />Terry L. Mostek and joint debtor, whose address is 1110 West 7th. Street, Grand Island, NE 68801;. &w4a `
<br />;g-Reee,Rowe, as wife of William R. Rowe and joint debor, whose address is 1307 4th Street, P.O. Box 102, St.
<br />Paul, NE 68873; Tara C. Snyder, as wife of Bradley K. Snyder and joint debor, whose address is 1305 West
<br />12 Road, Aurora, NE 68818; Bradley K. Snyder, as husband of Tara C. Snyder, whose address is 1305 West
<br />12 Road, Aurora, NE 68818; William R. Rowe, as husband of Marie Rose Rowe, whose address is 1307 4th
<br />Street, P.O. Box 102, St. Paul, NE 68873; Terry L. Mostek, as husband of Rosanna Mostek, whose address
<br />is 1110 West 7th. Street, Grand Island, NE 68801 and Sean E. Hedges, as husband of Lea Anne Hedges,
<br />whose address is 819 Driftwood Court, Grand Island, NE 68803 ( "Trustor "); Bank of Clarks, whose address
<br />is 301 N. Green, P.O. Box 125, Clarks, NE 68628 -0125 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"); and Bank of Clarks, whose address is 301 N. Green, P.O. Box 125, Clarks, NE
<br />68628 -0125 (referred to below as "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 'property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Deal Property ") located in Hall ounty, State of
<br />Nebraska:
<br />Lots One Hundred Seven (107) and One Hundred Eight (108), in Belmont, an Addition to the City of
<br />Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 623 N. Grace, Grand Island, NE 68803.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Borrower, together with all interest thereon.
<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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not
<br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c)
<br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to
<br />Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency" law, or any other law
<br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of
<br />Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and 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 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 tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance 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 />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
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