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WHEN RECORDED MAIL TO: <br />Bank of Clarks <br />301 N. Green <br />P.O. Box 125 <br />Clarks, NE 68626 -0125 <br />� <br />C) en t=J C A N <br />r-n y� m C-) m C:) O 0 Q. <br />° O N <br />n M a <br />D Co ~ Cn <br />rnv' <br />CD <br />..� ..n. CIO .may <br />Cn <br />C 1"t (n <br />Y <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $64,000.00. <br />THIS DEED OF TRUST is dated November 20, 2000, among Brian N. Markvicka, as husband, whose address <br />is 573 East 19th Street, Grand Island, NE 68801 and Christina L. Markvicka, as wife, whose address is 573 <br />East 19th Street, Grand Island, NE 68801 ( "Trustor "); Bank of Clarks, whose address is 301 N. Green, P.O. <br />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 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, ro alties, and profits relating to the realproperty, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Heal Oroperty ") located In Hall County, State of <br />Nebraska: <br />Lot Eight (8), Block Eleven (11), Packer and Barr's Addition to the City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 413 North Darr Avenue, 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 />rn > <br />>-n <br />C <br />2 > <br />C N <br />N <br />> p <br />p C <br />CZD o <br />o --A O <br />O �y <br />Y <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $64,000.00. <br />THIS DEED OF TRUST is dated November 20, 2000, among Brian N. Markvicka, as husband, whose address <br />is 573 East 19th Street, Grand Island, NE 68801 and Christina L. Markvicka, as wife, whose address is 573 <br />East 19th Street, Grand Island, NE 68801 ( "Trustor "); Bank of Clarks, whose address is 301 N. Green, P.O. <br />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 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, ro alties, and profits relating to the realproperty, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Heal Oroperty ") located In Hall County, State of <br />Nebraska: <br />Lot Eight (8), Block Eleven (11), Packer and Barr's Addition to the City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 413 North Darr Avenue, 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 />