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<br /> 99 110441
<br /> �MEN RECORDED MA4L TO:
<br /> FIRST NATIONAL BANK OF MARQUETTE
<br /> P O BOx 39
<br /> MARQUETTE,NE 68854-0039
<br /> �S�
<br /> �
<br /> F R ER' N Y
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated October 22, 1999, among David Wayne Ayres, whose address is 1711 S
<br /> Garland ST, Grand Island, NE 68854; an Unmarried Person ("Trustor"); FIRST NATIONAL BANK OF
<br /> MARQUETTE, whose address is P 0 Box 39, MARQUETTE, NE 68854-0039 (referred to below sometimes as
<br /> "Lender" and sometimes as "Beneficiary"); and First National Bank of Marquette, whose address is P O
<br /> Box 39, Marquette, NE 68854-0039 (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,royalties,and profits relatin to the real property,including
<br /> without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in�iamilton County, State
<br /> of Nebraska:
<br /> Lot Nine (9), Block Two (2), West Bel Air Addition to the City of Grand Island, Hall County, Nebraska.
<br /> The Real Property or its address is commonly known as 1711 S Garland ST, Grand Island, NE 68854.
<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 PEHFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shali pey io 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 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 /> the Property,there has been no use,generation, manufacture, storage,treatment, disposal,release or threatened release of any Hazardous
<br /> 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,
<br /> except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br /> use,generation, manufacture,storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br /> from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br /> person relating to such matters;and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br /> any tenant,contractor,agent or other authorized user of the Property shall use,generate, manufacture,store,treat, dispose of or release any ;
<br /> Hazardous Substance on,under,about or from the Property;and (b) any such activity shall be conducted in compliance with all applicable
<br /> federal,state,and local laws,regulations and ordinances,including without limitation all Environmental Laws. Trustor authorizes Lender and
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