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<br />WHEN RECORDED MAIL TO
<br />Bank of Clarke
<br />301 N. Grow
<br />P.O. Box 126
<br />Clarks. NE 68628-0125
<br />CONSTRUCTIM
<br />THIS DEED OF TRUST IS A CON'
<br />WITHIN THE MEANING OF THE NI
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall
<br />THIS DEED OF TRUST Is dated November 12, 200
<br />debtor, whose address Is 2831 Northwest Avenue,
<br />wife and joint debtor, whose address Is 2831 Nort
<br />wife as joint debtors ("Trustor"); Bank of Clarks, wl
<br />68628-0125 (referred to below sometimes as "Len
<br />Clarks, whose address is 301 N. Green, P.O. Boi
<br />"Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor c
<br />Lender as Beneficiary, all of Trustor's right, tita, and interest in an(
<br />subsequently erected or affixed buildings, improvements and fttures; all
<br />ditch rights (including stock in utilities with ditch or irrigation rights)'; and a
<br />without limitation all minerals, oil, gas, geothen-nal and similar matters,
<br />Nebraska:
<br />Lot Twenty-One (21), in Capital Heights iFifth
<br />Nebraska.
<br />The Real Property or Its address Is commonly know
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of T
<br />amounts Lender in its discretion may loan to Trustor, together with all inft
<br />Interest) exceed in the aggregate $125,000.00.
<br />--4h, ... 1— +- I —A., 1.1— 1-- ..
<br />and future leases of the Property and all Rents fro
<br />interest in Me Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSN
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYME
<br />UNDER THE NOTE, THE RELATED DOCUMENTS
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as o#w
<br />Deed of Trust as they become due, and shall strictly
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PRO
<br />the following provislons:��:
<br />Possession and Use. Until the occurrence of
<br />use, operate or manage the Property; and (3) ,
<br />Duty to Maintain. Trustor shall maintain the I
<br />necessary to preserve Its value.
<br />Compliance With Environmental Laws. Trui
<br />the Property, there has been no use, generatio,
<br />Substance by any person on, under, about or fr
<br />except as previously disclosed to and acknowl(
<br />use, generation, manufacture, storage, treatme
<br />from the Property by any prior owners or occul
<br />person relating to such matters; and (3) Excel
<br />any tenant, contractor, agent or other authorize
<br />Hazardous Substance on, under, about or from
<br />federal, state, and local laws, regulations and o
<br />Its agents to enter upon the Property to malo
<br />determine compliance of the Property with this
<br />purposes only and shall not be construed to cre
<br />representations and warranties contained he
<br />Substances. Trustor hereby (1) releases an
<br />becomes liable for cleanup or other costs unde
<br />claim, losses, liabilities, damages, penalties, a
<br />of this section of the Deed of Trust or as a (
<br />release occurring prior to Trustor's ownership of
<br />The provisions of this section of the Deed of Ti
<br />the satisfaction'and rewriveyance of the lien
<br />Property, whether by foreclosure or otherwise.
<br />)F TRUST
<br />1N SECURITY AGREEMENT
<br />CONSTRUCTION LIEN ACT
<br />ad at any one time $125,000.00.,
<br />Randall R. Panowicz, as husband and joint
<br />and, NE 68801 and Tammy R. Panowicz, as
<br />anue, Grand Island, NE 68801; husband and
<br />ess is 301 N. Green, P.O. Sox 125, Clarks, NE
<br />sometimes as "Beneficiary"); and Bank of
<br />irks, NE 68628-0125 (referred to below as
<br />'ustee in trust, WITH POWER OF SALE, for the benefit of
<br />wing described real property, together with all existing or
<br />etht* nf w.4v And Anns irtanaripan - all water watAr rinhtq and
<br />illi;-VAIRIW-1-
<br />a rope' W-Y—G-Cii;all� ifairl-a6n�,State Of
<br />Addition, In the City of Grand Island, Hall County,
<br />n as 2831 Northwest Avenue, Grand Island, NE 68801.
<br />rust secures, In addition to the amounts specified in the Note, all future
<br />rest thereon; however, In no event shall such future advances (excluding
<br />Deed of Trust) all of Trustor's right, tits, and interest in and to all present
<br />addition, Trustor grants to Lender a Uniform Commercial Code security
<br />I AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />?d of Trust, Trustor shall pay to Lender all amounts secured by this
<br />,dorm all of Trustor's obligations under the Note, this Deed of Trust
<br />let Trustor's possession and use of theProperty shall be governed by
<br />for may (1) remain in possession and control of the Property; (2)
<br />Property.
<br />and promptly perform all repairs, replacements, and maintenance
<br />its to Lender that: (1) During the period of Trustor's ownership of
<br />eatment disposal, release or threatened release of any Hazardous
<br />dor has no knowledge of, or reason to believe that there has been,
<br />(a) any breach or violation of any Environmental Laws, (b) any
<br />oatened release of any Hazardous Substance on, under, about or
<br />�c) any actual or threatened litigation or claims of any kind by any
<br />to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />I use, generate, manufacture, store, treat dispose of or release any
<br />t such activity shall be conducted in compliance with all applicable
<br />it limitation ail Environmental Laws, Trustor authorizes Lender and
<br />Asts, at Trustor's expense, as Lender may deem appropriate to
<br />ist Any Inspections or tests made by Lender shall be for Lender's
<br />ability on the part of Lender to Trustor or to any other person. The
<br />or's due diligence in Investigating the Property for Hazardous
<br />s against Lender for indemnity or contribution in the event Trustor
<br />agrees to indermify and hold harrrdess Lender against any and all
<br />it may directly or indirectly sustain or suffer resulting from a breach
<br />generation, manufacture, storage, disposal, release or threatened
<br />4wther or not the same Was or should have been known to Trustor.
<br />n to Indemnity, shall survive the payment of the Indebtedness and
<br />shall not be affected by Lender's acquisition of any interest in the
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<br />FOR RECORDER'S USE ONLY
<br />)F TRUST
<br />1N SECURITY AGREEMENT
<br />CONSTRUCTION LIEN ACT
<br />ad at any one time $125,000.00.,
<br />Randall R. Panowicz, as husband and joint
<br />and, NE 68801 and Tammy R. Panowicz, as
<br />anue, Grand Island, NE 68801; husband and
<br />ess is 301 N. Green, P.O. Sox 125, Clarks, NE
<br />sometimes as "Beneficiary"); and Bank of
<br />irks, NE 68628-0125 (referred to below as
<br />'ustee in trust, WITH POWER OF SALE, for the benefit of
<br />wing described real property, together with all existing or
<br />etht* nf w.4v And Anns irtanaripan - all water watAr rinhtq and
<br />illi;-VAIRIW-1-
<br />a rope' W-Y—G-Cii;all� ifairl-a6n�,State Of
<br />Addition, In the City of Grand Island, Hall County,
<br />n as 2831 Northwest Avenue, Grand Island, NE 68801.
<br />rust secures, In addition to the amounts specified in the Note, all future
<br />rest thereon; however, In no event shall such future advances (excluding
<br />Deed of Trust) all of Trustor's right, tits, and interest in and to all present
<br />addition, Trustor grants to Lender a Uniform Commercial Code security
<br />I AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />?d of Trust, Trustor shall pay to Lender all amounts secured by this
<br />,dorm all of Trustor's obligations under the Note, this Deed of Trust
<br />let Trustor's possession and use of theProperty shall be governed by
<br />for may (1) remain in possession and control of the Property; (2)
<br />Property.
<br />and promptly perform all repairs, replacements, and maintenance
<br />its to Lender that: (1) During the period of Trustor's ownership of
<br />eatment disposal, release or threatened release of any Hazardous
<br />dor has no knowledge of, or reason to believe that there has been,
<br />(a) any breach or violation of any Environmental Laws, (b) any
<br />oatened release of any Hazardous Substance on, under, about or
<br />�c) any actual or threatened litigation or claims of any kind by any
<br />to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />I use, generate, manufacture, store, treat dispose of or release any
<br />t such activity shall be conducted in compliance with all applicable
<br />it limitation ail Environmental Laws, Trustor authorizes Lender and
<br />Asts, at Trustor's expense, as Lender may deem appropriate to
<br />ist Any Inspections or tests made by Lender shall be for Lender's
<br />ability on the part of Lender to Trustor or to any other person. The
<br />or's due diligence in Investigating the Property for Hazardous
<br />s against Lender for indemnity or contribution in the event Trustor
<br />agrees to indermify and hold harrrdess Lender against any and all
<br />it may directly or indirectly sustain or suffer resulting from a breach
<br />generation, manufacture, storage, disposal, release or threatened
<br />4wther or not the same Was or should have been known to Trustor.
<br />n to Indemnity, shall survive the payment of the Indebtedness and
<br />shall not be affected by Lender's acquisition of any interest in the
<br />
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