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rn <br />C m <br />C=) n c p <br />>. CD <br />7C U-1 Z ­4 N C0 <br />rn —i rn O <br />1-" - <' <br />o W p -� O <br />a <br />tz) U := D CD I—a C'm <br />-rt <br />CD r D N <br />cn <br />O N GO <br />co b <br />WHEN RECORDED MAIL TO: <br />Farmers State Bank <br />2nd and Vine <br />,P. O. ,8&X1 246 <br />Silver Creek NE' 66663 -0246 ' °= FOR R"MDER'S USE ONLY <br />DEED OF TRUST , <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $34,000.00. <br />THIS DEED OF TRUST is dated November 26, 2001, among Miguel Raymundo Rafael, whose address is 524 <br />Lambert Street, Grand Island, NE 68801 and Juliets Cantoral, whose address is 524 Lambert Street, Grand <br />Island, NE 68801 ( "Trustor "); Farmers State Bank, whose address is 2nd and Vine, P. 0. Box 246, Silver <br />Creek, NE 68663 -0246 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Farmers State Bank, whose address is P. 0. Box 246, Silver Creek, NE 68663 -0246 (referred to below as <br />,Trustee ") <br />CONVEYANCE AND GRANT.. For valuable consideration, Trustor conveys to Trustee IA'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, royalties, and profits relating to the real pro arty includ' <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall'COun�ty, Mate of <br />Nebraska: <br />The Southerly One -Half of Lot One and all that part of Fractional Lots Two and Three lying south of the <br />center line of Lot One extended in Block Six of Evans' Addition to the City_ of Grand Island, Hall County, <br />Nebraska, and more particularly described as: Commencing at the southeast corner of said Lot One; <br />Mce in northerly direction along,, the east boundary thereof Sixty -Six feet; thence at right angles <br />artd <br />we y lne, pa`ra�ie wit�tt `the Dint dine of, cFc 3i to the 'east edge of the railroad <br />right -of -way; thence in a southwesterly direction along the right -of -way to the south line of the north <br />half of Block Six; and thence in an easterly direction to the point of beginning, said south boundary <br />being the north edge of the alley through said Block Six. <br />The Real Property or its address is commonly known as 524 Lambert Street, 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 />Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now <br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, <br />direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Trustor may be. liable <br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise,' and whether recovery upon such <br />amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or <br />hereafter may become otherwise unenforceable. <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 reg4 :st of Lender; (b) Trustor has the full pcwer, right, and authority to inter 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 instrume&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 conditicn; 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 />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />theProperty shall be governed 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 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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />