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r7 i <br />n <br />C, <br />n v^ <br />c � <br />z -+ <br />� c <br />� r z <br />r n <br />� x <br />n <br />co <br />U) <br />0 <br />fV <br />c:) <br />0 <br />_L <br />O <br />r- <br />co <br />F-+ <br />WHEN RECORDED MAIL TO: <br />First State Bank <br />Gothenburg 200400491 <br />914 Lake Avenue <br />PO Box 79 <br />Gothenburg NE 69138 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />(D <br />Off. <br />J <br />N <br />r-1- <br />O <br />36 -5 <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at arty one time $52,479.500 d <br />THIS DEED OF TRUST is dated January 12, 2004, among ThomasdJiartman and CarlottaYHartman; husband <br />and wife ( "Trustor "); First State Bank, whose address is Gothenburg, 914 Lake Avenue, PO Box 79, <br />Gothenburg, NE 69138 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />First State Bank, whose address is PO Box 79, Gothenburg, NE 69138 (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, royallies, and profits relating . to the realproperty, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Hall County, State of <br />Nebraska: <br />A tract of land comprising a part of the Southwest Quarter of the Southeast Quarter (SW1 /4 SE1 /4) of <br />Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, <br />Nebraska, and more particularly described as follows: Beginning at a point on the south line of said <br />Southwest Quarter of the Southeast Quarter (SW1 /4 SE7 /4), said point being Five and Eighty Six <br />Hundredths (5.86) feet east of the southwest corner of said Southwest Quarter of the Southeast Quarter <br />(SW1 /4 SE1 /4), said point also being on the easterly right of way line of the St. Joseph Branch of the <br />Union Pacific Railroad Company, said easterly railroad right of way line being Fifty (50.0) feet east of <br />(measured perpendicular to) the centerline of the existing railroad track. Thence running easterly, along <br />and upon the south line of said Southwest Quarter of the Southeast Quarter (SW1 /4 SE1 /4), a distance <br />of Seven Hundred Twenty Nine and Two Hundredths (729.02) feet; thence deflecting left 91 44' 49" and <br />running northerly, parallel with said easterly railroad right of way line, a distance of Six Hundred Three <br />and Seventy Seven Hundredths (603.77) feet; thence deflecting left 88 15' 11" and running westerly, <br />parallel with the south line of said Southwest Quarter of the Southeast Quarter (SW1 /4 SE1 /4), a <br />distance of Seven Hundred Twenty Nine and Two Hundredths (729.02) feet to a point on said easterly <br />railroad right of way line, said point being Fifty (50.0) feet east of (measured perpendicular to) the <br />centerline of said existing railroad track: thence deflecting left 91 44' 49" and running southerly, along <br />and upon said easterly railroad right of way line, a distance of Six Hundred Three and Seventy Seven <br />Hundredths (603.77) feet to the point of beginning and containing 10.100 acres, more or less, of which, <br />0.552 acres, more or less, is presently occupied by public road right of way. <br />The Real Property or its address is commonly known as 2934 W. Schimmer Drive, Grand Island, NE 68801. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, <br />extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations <br />unless and until such notice is given. <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 />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 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 Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage the <br />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 />7v <br />M" <br />= <br />D <br />� <br />T <br />v J <br />n <br />= <br />M <br />D <br />Q \Y/ <br />G <br />d <br />r7 i <br />n <br />C, <br />n v^ <br />c � <br />z -+ <br />� c <br />� r z <br />r n <br />� x <br />n <br />co <br />U) <br />0 <br />fV <br />c:) <br />0 <br />_L <br />O <br />r- <br />co <br />F-+ <br />WHEN RECORDED MAIL TO: <br />First State Bank <br />Gothenburg 200400491 <br />914 Lake Avenue <br />PO Box 79 <br />Gothenburg NE 69138 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />(D <br />Off. <br />J <br />N <br />r-1- <br />O <br />36 -5 <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at arty one time $52,479.500 d <br />THIS DEED OF TRUST is dated January 12, 2004, among ThomasdJiartman and CarlottaYHartman; husband <br />and wife ( "Trustor "); First State Bank, whose address is Gothenburg, 914 Lake Avenue, PO Box 79, <br />Gothenburg, NE 69138 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />First State Bank, whose address is PO Box 79, Gothenburg, NE 69138 (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, royallies, and profits relating . to the realproperty, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Hall County, State of <br />Nebraska: <br />A tract of land comprising a part of the Southwest Quarter of the Southeast Quarter (SW1 /4 SE1 /4) of <br />Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, <br />Nebraska, and more particularly described as follows: Beginning at a point on the south line of said <br />Southwest Quarter of the Southeast Quarter (SW1 /4 SE7 /4), said point being Five and Eighty Six <br />Hundredths (5.86) feet east of the southwest corner of said Southwest Quarter of the Southeast Quarter <br />(SW1 /4 SE1 /4), said point also being on the easterly right of way line of the St. Joseph Branch of the <br />Union Pacific Railroad Company, said easterly railroad right of way line being Fifty (50.0) feet east of <br />(measured perpendicular to) the centerline of the existing railroad track. Thence running easterly, along <br />and upon the south line of said Southwest Quarter of the Southeast Quarter (SW1 /4 SE1 /4), a distance <br />of Seven Hundred Twenty Nine and Two Hundredths (729.02) feet; thence deflecting left 91 44' 49" and <br />running northerly, parallel with said easterly railroad right of way line, a distance of Six Hundred Three <br />and Seventy Seven Hundredths (603.77) feet; thence deflecting left 88 15' 11" and running westerly, <br />parallel with the south line of said Southwest Quarter of the Southeast Quarter (SW1 /4 SE1 /4), a <br />distance of Seven Hundred Twenty Nine and Two Hundredths (729.02) feet to a point on said easterly <br />railroad right of way line, said point being Fifty (50.0) feet east of (measured perpendicular to) the <br />centerline of said existing railroad track: thence deflecting left 91 44' 49" and running southerly, along <br />and upon said easterly railroad right of way line, a distance of Six Hundred Three and Seventy Seven <br />Hundredths (603.77) feet to the point of beginning and containing 10.100 acres, more or less, of which, <br />0.552 acres, more or less, is presently occupied by public road right of way. <br />The Real Property or its address is commonly known as 2934 W. Schimmer Drive, Grand Island, NE 68801. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, <br />extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations <br />unless and until such notice is given. <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 />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 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 Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage the <br />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 />T <br />v J <br />r7 i <br />n <br />C, <br />n v^ <br />c � <br />z -+ <br />� c <br />� r z <br />r n <br />� x <br />n <br />co <br />U) <br />0 <br />fV <br />c:) <br />0 <br />_L <br />O <br />r- <br />co <br />F-+ <br />WHEN RECORDED MAIL TO: <br />First State Bank <br />Gothenburg 200400491 <br />914 Lake Avenue <br />PO Box 79 <br />Gothenburg NE 69138 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />(D <br />Off. <br />J <br />N <br />r-1- <br />O <br />36 -5 <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at arty one time $52,479.500 d <br />THIS DEED OF TRUST is dated January 12, 2004, among ThomasdJiartman and CarlottaYHartman; husband <br />and wife ( "Trustor "); First State Bank, whose address is Gothenburg, 914 Lake Avenue, PO Box 79, <br />Gothenburg, NE 69138 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />First State Bank, whose address is PO Box 79, Gothenburg, NE 69138 (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, royallies, and profits relating . to the realproperty, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Hall County, State of <br />Nebraska: <br />A tract of land comprising a part of the Southwest Quarter of the Southeast Quarter (SW1 /4 SE1 /4) of <br />Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, <br />Nebraska, and more particularly described as follows: Beginning at a point on the south line of said <br />Southwest Quarter of the Southeast Quarter (SW1 /4 SE7 /4), said point being Five and Eighty Six <br />Hundredths (5.86) feet east of the southwest corner of said Southwest Quarter of the Southeast Quarter <br />(SW1 /4 SE1 /4), said point also being on the easterly right of way line of the St. Joseph Branch of the <br />Union Pacific Railroad Company, said easterly railroad right of way line being Fifty (50.0) feet east of <br />(measured perpendicular to) the centerline of the existing railroad track. Thence running easterly, along <br />and upon the south line of said Southwest Quarter of the Southeast Quarter (SW1 /4 SE1 /4), a distance <br />of Seven Hundred Twenty Nine and Two Hundredths (729.02) feet; thence deflecting left 91 44' 49" and <br />running northerly, parallel with said easterly railroad right of way line, a distance of Six Hundred Three <br />and Seventy Seven Hundredths (603.77) feet; thence deflecting left 88 15' 11" and running westerly, <br />parallel with the south line of said Southwest Quarter of the Southeast Quarter (SW1 /4 SE1 /4), a <br />distance of Seven Hundred Twenty Nine and Two Hundredths (729.02) feet to a point on said easterly <br />railroad right of way line, said point being Fifty (50.0) feet east of (measured perpendicular to) the <br />centerline of said existing railroad track: thence deflecting left 91 44' 49" and running southerly, along <br />and upon said easterly railroad right of way line, a distance of Six Hundred Three and Seventy Seven <br />Hundredths (603.77) feet to the point of beginning and containing 10.100 acres, more or less, of which, <br />0.552 acres, more or less, is presently occupied by public road right of way. <br />The Real Property or its address is commonly known as 2934 W. Schimmer Drive, Grand Island, NE 68801. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, <br />extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations <br />unless and until such notice is given. <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 />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 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 Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage the <br />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 />