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f'1 r <br /> �� rn <br /> 1W� r � CO ...w. <br /> I `tr IT) <br /> rrf . —0 z' cv C) "4 <br /> - C.J 77 <br /> c Cr1 <br /> Y'tt N C+) <br /> Y �J 3 IN.) 1571 <br /> WHEN RECORDED MAIL TO: <br /> • <br /> o CORNERSTONE BANK <br /> ° Central City Facility <br /> 1631 16th Street <br /> Central City, NE 68826-1815 FOR RECORDER'S USE ONLY 00 <br /> 0,5%. <br /> DEED OF TRUST <br /> THIS DEED OF TRUST is dated May 25, 2018, among Krae Dutoit, whose address is 2609 <br /> Riverview Drive, Grand Island, NE 68801-7438 and Kinsey Dutoit, whose address is 2609 <br /> Riverview Drive, Grand Island, NE 68801-7438; Husband and Wife ("Trustor"); <br /> CORNERSTONE BANK, whose address is Central City Facility, 1631 16th Street, Central City, <br /> NE 68826-1815 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br /> and CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE :68467 <br /> (referred to below as "Trustee"). <br /> CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br /> for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all <br /> easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br /> ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without <br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, <br /> State of Nebraska: <br /> Block Four (4), Ponderosa Lake Estates Subdivision, in the City of Grand Island, Hall <br /> County, Nebraska <br /> The Real Property or its address is commonly known as 64 Ponderosa Drive, Grand Island, NE <br /> 68803-9673. The Real Property tax identification number is 400329840. <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <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 Uniform Commercial Code security 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 <br /> PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br /> DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS; <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br /> amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br /> Trustor's obligations under the Note,this Deed of Trust, and the Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that 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 <br /> control of the Property; (2) 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, <br /> replacements, and maintenance necessary to preserve its value. <br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br /> Trustor's ownership of the Property, there has been no use, generation, manufacture, storage,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 knowledge of, or reason to believe that there has been, except as previously disclosed 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, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously <br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous <br /> Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with <br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the <br /> 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 <br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in <br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims <br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under <br /> any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, <br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from <br /> I — <br />