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WHEN RECORDED MAIL TO: 200411474
<br />HASTINGS STATE BANK
<br />HASTINGS STATE BANK - MAIN BRANCH
<br />530 N BURLINGTON
<br />PO BOX 2178
<br />HASTINGS. NE 68902 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />--r7a s
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $7,000.00. a
<br />THIS DEED OF TRUST is dated November 17, 2004, among MICHAEL S. JONES and CHERYL A. JONES;
<br />HUSBAND AND WIFE ( "Trustor "); HASTINGS STATE BANK, whose address is HASTINGS STATE BANK -
<br />MAIN BRANCH, 530 N BURLINGTON, PO BOX 2178, HASTINGS, NE 68902 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"); and HASTINGS STATE BANK, whose address is 530 N.
<br />BURLINGTON, HASTINGS, NE 68901 (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, ro aities, and profits relating to the reap ropperty, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real �roperty) located In GARFIELD & HALL
<br />County, State of Nebraska:
<br />PARCEL 1: LOT 13, LOT 14, LOT 32 AND LOT 33, KRAUSE'S ADDITION TO CALAMUS COUNTRY
<br />ACRES, GARFIELD COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF
<br />PARCEL 2: LOT 1, SCOTT'S WHITETAIL MEADOW SUBDIVISION, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as LOTS AT CALAMUS ACRES AND 7530 W LEPIN
<br />ROAD, DONIPHAN, NE 68832.
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans,
<br />extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations
<br />unless and until such notice is given.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in
<br />the Note, all future amounts Lender in its discretion may loan to Trustor, 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make
<br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws, and (2) agrees to indemnity and hold harmless Lender against any and all claims and losses
<br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness
<br />and the satisfaction of this Deed of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all, sums secured by this Deed
<br />of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property.
<br />A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with
<br />a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust
<br />holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
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<br />WHEN RECORDED MAIL TO: 200411474
<br />HASTINGS STATE BANK
<br />HASTINGS STATE BANK - MAIN BRANCH
<br />530 N BURLINGTON
<br />PO BOX 2178
<br />HASTINGS. NE 68902 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />--r7a s
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $7,000.00. a
<br />THIS DEED OF TRUST is dated November 17, 2004, among MICHAEL S. JONES and CHERYL A. JONES;
<br />HUSBAND AND WIFE ( "Trustor "); HASTINGS STATE BANK, whose address is HASTINGS STATE BANK -
<br />MAIN BRANCH, 530 N BURLINGTON, PO BOX 2178, HASTINGS, NE 68902 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"); and HASTINGS STATE BANK, whose address is 530 N.
<br />BURLINGTON, HASTINGS, NE 68901 (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, ro aities, and profits relating to the reap ropperty, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real �roperty) located In GARFIELD & HALL
<br />County, State of Nebraska:
<br />PARCEL 1: LOT 13, LOT 14, LOT 32 AND LOT 33, KRAUSE'S ADDITION TO CALAMUS COUNTRY
<br />ACRES, GARFIELD COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF
<br />PARCEL 2: LOT 1, SCOTT'S WHITETAIL MEADOW SUBDIVISION, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as LOTS AT CALAMUS ACRES AND 7530 W LEPIN
<br />ROAD, DONIPHAN, NE 68832.
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans,
<br />extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations
<br />unless and until such notice is given.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in
<br />the Note, all future amounts Lender in its discretion may loan to Trustor, 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make
<br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws, and (2) agrees to indemnity and hold harmless Lender against any and all claims and losses
<br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness
<br />and the satisfaction of this Deed of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all, sums secured by this Deed
<br />of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property.
<br />A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with
<br />a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust
<br />holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
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