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<br />WHEN RECORDED MAIL TO:
<br />Bank of Clarks
<br />3101 N. Green
<br />P.O. Box 128
<br />Clarks NE 6862"125 FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST .,.
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $85,000.00.
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<br />THIS DEED OF TRUST is dated June 29, 2001, among Rans D.' Sanders, as husband and joint debtor, whose
<br />address is 1736 S durtis, Grand Island, NE 68801 and Leota A. Sanders, as wife and joint debtor, whose
<br />address is 1736 S. Curtis, Grand island, NE 68801 ( "Trustor "); Bank of Clarks, whose address is 301 N.
<br />Green, P.O. Box 125, Clarks, NE 68628 -0125 (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 68628 -0125
<br />(referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For vypluable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor s right, tale, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, Improvements and fixtures; ail 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 r' hts,'royalties, and profits relating to the real property, including
<br />" "aeal' property ")
<br />without limitation all minerals, oil, ',gas, geotherm&l and similar matters, (the 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 err Its address Is commonly known as 1736 S. Curtis, Grand island, NE Sif'801.
<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 s@ta�y loan to Trustor, together with all interest thereon; however, in no event shall such future advances (excluding
<br />interest) exceed in the aggregate $85,WO.t0.
<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 Prop" and all 'Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercigl 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)j PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELA'T'ED 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'bacome due, and shall strictly and in a timely manner perform all of Trustoft obligations under the (Vote, 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'', Vom 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) my actual or threatened litigation or otaim. 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 shaft 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 Properly 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 Leader 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 here- are based on Trust.-,,'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 indemnify and hold harmless Lender against any and all
<br />claims, dosses, 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 geed 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 Deed of Trust and shall neat 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.
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