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<br /> ��'t�CORt�Q MAIL TO:
<br /> Martell State Bank,a branch of Security Bank (l f► � �f �(► py�
<br /> Old Cheney Branch � � �� ��g�
<br /> 5710 So.53rd
<br /> Lincoln,NE 68516
<br /> �
<br /> . �
<br /> FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED QF TRUST is dated September 3, 1999, among Donald L. Dunn and Marsha M. Dunn; Husband
<br /> and Wife ("Trustor"); Martell State Bank, a branch of Security Bank, whose address is Old Cheney Branch,
<br /> 5710 So. 53rd, Lincoln, NE 68516 (referred to below sometimes as "Lender" and sometimes as
<br /> "Beneficiary"); and Martell State Bank a Branch of Security Bank , whose address is 5710 So 53rd St,
<br /> Lincoln, NE 68516 (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 r�hts, roy alties,and profits relating,to the realp roperty, including
<br /> without limitation all minerals, oil, gas, geothermal and similar matters, (the " e81 Property") located in Hall Gounty, State of
<br /> Nebraska:
<br /> Block Six (6), Ponderosa Lake Estates Subdivision, in the City of Grand Island, Hall County, Nebraska.
<br /> The Real Property or its address is commonly known as 72 Ponderosa Dr, Grand Island, NE 68803.
<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 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
<br /> �
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