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ti .zC ✓' t1 2 T ti ro nn `� ee CP � w N W119N RECORDED MAIL TO: Clarke Beeof 200401630 k 301 N. Green P.O. Boz 126 Clerkx NE 68528 -M 26 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shell not exceed at any one time $100,000.00. THIS DEED OF TRUST is dated February 19, 2004, among D & E Development, LLC, whose address is 2120 William Street. Grand Island, NE 68801 ( "Trustor"); Bank of Clarks, whose address is 301 N. Green, P.O. Box 125, Clarks, NE 68628 -0125 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"): and Bank of Clerks, whose address is P.O. Box 125, Clarks, NE 68628 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable considered. , Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor 'a right, title, and interest in and to the following described real property, together with all existing or subsequently a r ected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, State of Nebraska: Lot One (1), Mario Subdivision in the City of Grand Island, Hall County, Nebraska. The Real Property or its address is commonly known as 535 East Capital, Grand Island, NE 68803. FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, In addition to the amounts specified in the Note, all future amounts Lender In its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future advances (excluding interest) exceed In the aggregate 3100,000.00. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trus4 all of Tructor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, frustur grants to Lender a Uniform Commercial Cede security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Toaster's obligations under the Note, this Dead of Trust, and the Related Documents, POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Truster may 111 remain in possession and control of the Property; 12) use, operate or manage the Property; and 131 collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (t) During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous 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, except as previously disclosed to and acknowledged by Lender in writing, (al any breach or violation of any Environmental Laws, be any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Properly, or (c) any ocWal or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender at writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, m nufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall he conducted in compliance with all applicable federal, state, and Inoal Inws, rectum's and ordinancesr alluding without limitation all Environmental Laws. Trustor authorizes Lender and Its agents to enter upon the Property to make such inspections and tests, at Truster 's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and all not he construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties curtained herein are based on Truster 'a due diligence in investigating the Property for Hazardous Substances. Trustor hereby It) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other casts under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, lasses, l abilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Tmstor'a ownership or interest in the Properly, whether or not the same was or should have been known m Trustor. The provisions of this section of the Dead of Trust, including the Obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reamoveyande of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest In the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or aste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Tractor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal alay, serene, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Trustor shall nut demolish or remove any Improvements from the Real Property without Lender's prior written consent, Asa condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value.