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f <br />Y� MA <br />f <br />n }—+ O --i <br />o sin <br />-yG oil <br />C=) C/7r <br />O <br />CAD s ctr <br />-a t-41 <br />WHEN RECORDED MAIL TO: <br />Bank of Clarks 200106471 <br />301 N. Green <br />P.O. Box 125 <br />ClarM. NE S 12 USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any time $95,000.00. <br />THIS DEED OF TRUST is dated June 29, 2001, among Lori J. Christensen, a,single person, whose address <br />is 111 West 22nd, Grand Island, NE 68801 ("Trustor"); Bank of Clarks, whose address Is 301 N. Green P.O. <br />Box, 125, Clarks, NE 686280125 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Bank of Clarks, whose address Is 301 N. Green, P.O. Box 125, ;Clarks, NE ,,686280125 <br />(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 Trustors 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, tights 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�+roperty, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, State of <br />Nebraska: <br />See Exhibit "A ", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully <br />set forth herein. <br />The Real Property or its address is commonly known as 111 West 22nd, Grand Island, NE 68801. <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 Trustor, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $95,000.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right,'; tile, 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, ARID 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 need of Trust, <br />and the related Documents. <br />POSSESSION AND MAINTENANOE 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 />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Trustor nor <br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any <br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable <br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and <br />its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to <br />determine compliance of the Property with this section of the Deed of Trust.' Any inspections or tests made by Lender shall be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The <br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous <br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor' <br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold' harmless Lender against any and all <br />claims, losses, liabilities damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Deed of Trust or as a consequence of any ,use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Deed' of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the lien of this Dead of Trust and shall not be affected by Lender's acquisition of any interest in the <br />Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to <br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other <br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, ;gravel or rock products without Lender's prior <br />written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written <br />