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<br />JAN -10 -03 FRI 02:20 FM FAX: PAGE 15
<br />WHEN RECORDED MAIL TO:
<br />Farmers state Hank
<br />ad and Vim
<br />P.O. Box 2"
<br />Silver Creek NE Baa6a -azaa FOR ------ -
<br />6E_Q1a.Y
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<br />CAR
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<br />DEED OF TRUST \\�
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exosed at any one time 5135,800.00. v
<br />THIS DEED OF TRUST is dated January 10, 2003, among Troy J Eckharl, whose address is 519 East Ashton,
<br />Grand Island' 880
<br />NE 68801 and Sherry L Eckharl, whose address is 519 East Ashton, Grand Island, NE 61;
<br />husband and wife as joint debtors ( "Trustor "); Farmers State Bank, whose address is 2nd and Vino, P. O.
<br />Box 246; Silver Creek, NE 68663-0246 (referred to Wow sometimes as "Lender" and sometimes as
<br />"Beneficiary "); and Farmers State Bank, whose address Is P. O. Box 246, Silver Creek, NE 68663-0246
<br />(referred to below as 'Trustee").
<br />CONVEYANCE AND GRANT. For valuable eonstapreapn, Trllata conveys to Trustee In Irta W" POWER OF SALE, for the benefa of
<br />Lender as BenMdsl all of TrustoY5 rlgnl. file. and miamsl in and m the following described real Property, together war aA labtirg a
<br />subsequently smoked or affixed buildings, improvements and annum : at easements, fight, of way, antl appu,bm M, all water, water right, and
<br />difih right, (Including sack in uNnias with dltoh s Miga110n right,); end all Who'rgM. myst as, and pr01i4,eli t0 the roll pr wI.M"u�ding
<br />without limitation all minerals, dl, gas, geothermal and similar madam, (the "Heal Property') located in dell t:OD aaame Of
<br />The West Fifty -Five (55) feet of the East Two Hundred Six and SIX tenths (206.6) feet of Block Two (2),
<br />K001110r Subdivision, Grand Island, Nebraska -More . particularly de9cri�ed g EggAbit "A"
<br />ere o a ac e
<br />Real Property or Its address is commonly knows as 519 East Ashton Avenue, Grand Island, NE 68801.
<br />SS-COLLATFAALIZATION. In additlon to the Nob, this Deed of TmW secures all obligations, debts and liabilities, plus inkiest thereon, of
<br />or t0 Lander, or any one a more W them, H well as all Claims by Lender against Tnistw or any one a more of them, whether now abating
<br />aeeaar Al wheher raided Or un Mulled to the purpose Of the Note, whether voluntary a otherwise. Whether due a not din, direct or
<br />led, determaul or undo murex, abas ids or oontlogant, Nationals or unliquidated Whether Trustm may be liable individually or jointly with
<br />s, whether obligated as guarantor, surety, aosommodation party or lahMal9a, and whether moovery Upon Ruth amounts may bid Or hereafter
<br />became barretl by any statute W Iimitafioris, and whether the obltgatlgn to repay suit amouWS may be a nermw may became mherams,
<br />ipeoillrft without tlmitation, this Deed W Trust secures, in addition to the amounts specified in the Nob, all future
<br />xefion may loan to Trusts. together with as Interest thereon.
<br />to Lender (sled known as Beneadary In this Deed of Trust) all W Trial right. title, and interest in and to all present
<br />Property and of Rents from the Property. In addition, Trusts grants to Lender a Uniform Commembl Code security
<br />THE ASSIGNMENT of
<br />RENTS AND PERSONAL
<br />AND ALL OBLIGATIONS
<br />AND ACCEPTED ON THE
<br />Except as Otherwise provided m this Dead of Trust, Tnmslor shall pay to Lender au amounts secured by this
<br />and shall strictly and in a finally manner perform all of Tmskds obligations under the blots, this Dead W Trust,
<br />MAINTCNANCE OF THE PROPERTY. TNstor agmos that Trustor's poasesWon and use of the Property shau bei govened
<br />Possession and URe. Una the oaum moo of an Ever of Default. Trustor may (t) remain in poessasion and conaol W the Properly. (2)
<br />use. Operate Or manage the Property; and (3) cd lot the Rent, from the Property.
<br />Duty to Maintain. Truslor steel maintain the Property In good Condition amW promptly perform all napalm, replacements, and malnbmrree
<br />moisssary, to press halts value.
<br />Canpllande With Enviammenbt L & Truster represent, and wenenS t0 Lender that (1) During fns period W Trustees ownashp m
<br />the Properly; there has been no ma, generatlon, menmedae, storage. treatment, dlsp"W. rouse or threatened mMese of any Hazardma
<br />Substa l by any person on, under, about or from the Property; (2)' Trusts has no knowledge of, or reason to befiBse that there Ms been,
<br />except as Pmriousy Wsdased to and acknowledged by Lendu in writing, (a) any breach or violation W any Environmental Laws, (b) any
<br />use, generation manufacture, storage, treatment, due". reteese Of th estarsd release of any Hazardous Substance on, under, about or
<br />from me Property by any pea owners or ocouparrb of the Property, or (c) any aotuel or threatened litigation or Cleims of any End by any
<br />person missing W such maffem; and (3) Except us 0"Ously dbcbsed to and acknowedged by Lands in wmmg, (a) neither Truslor nor
<br />te0eml. state, and loch! laws, regulations and ordin treas, Indudl
<br />its agents :b enkr upon the property to make such inspecdo
<br />determine conpuanw. of the Properly with this Seutlon 0 the De
<br />purposes only and shell not be OOnslrusd to creek, any worm
<br />rep(05MV00ns And warrands oomounad herein as based
<br />Sump muss. TOWN her¢Cy (1) rebeses and waves any tutu
<br />becomes liable for cleanup or other costs under any such Laura; ,
<br />clams, losses. NabArlas, damages, penalties, and epenses whit
<br />W this section W the Dead W Trust or As A career. of a
<br />,a"" oaurring pnor to Trustees ownership or inkrest in the Pr
<br />The provisions W this section of the Dead of Trust, inol irg the
<br />sb, al Truslofs agaes, as Lender may deem appropriate to
<br />Any irnpectons or task made by Lentler and be for Lenders
<br />My on the pad W Lender to Truslor or to any other person. The
<br />5 due diligence in invashusarg the Properly fa H&dNd,m
<br />usual Lender for indemnify or oonhibuaon in the event Trwbr
<br />)tees to indemnity and hold harmiss Lender against any and all
<br />may direly a inampty sudsm or suffer reauarp from a breach
<br />Motion, manufacture, storage, dispose, raeas , or mreatennd
<br />mesa or not the same was or should have dean known b Tr.M.
<br />10 indemnify, shall survive the payment W the IndebbdMSS and
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<br />WHEN RECORDED MAIL TO:
<br />Farmers state Hank
<br />ad and Vim
<br />P.O. Box 2"
<br />Silver Creek NE Baa6a -azaa FOR ------ -
<br />6E_Q1a.Y
<br />m
<br />CAR
<br />is
<br />K
<br />o�
<br />DEED OF TRUST \\�
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exosed at any one time 5135,800.00. v
<br />THIS DEED OF TRUST is dated January 10, 2003, among Troy J Eckharl, whose address is 519 East Ashton,
<br />Grand Island' 880
<br />NE 68801 and Sherry L Eckharl, whose address is 519 East Ashton, Grand Island, NE 61;
<br />husband and wife as joint debtors ( "Trustor "); Farmers State Bank, whose address is 2nd and Vino, P. O.
<br />Box 246; Silver Creek, NE 68663-0246 (referred to Wow sometimes as "Lender" and sometimes as
<br />"Beneficiary "); and Farmers State Bank, whose address Is P. O. Box 246, Silver Creek, NE 68663-0246
<br />(referred to below as 'Trustee").
<br />CONVEYANCE AND GRANT. For valuable eonstapreapn, Trllata conveys to Trustee In Irta W" POWER OF SALE, for the benefa of
<br />Lender as BenMdsl all of TrustoY5 rlgnl. file. and miamsl in and m the following described real Property, together war aA labtirg a
<br />subsequently smoked or affixed buildings, improvements and annum : at easements, fight, of way, antl appu,bm M, all water, water right, and
<br />difih right, (Including sack in uNnias with dltoh s Miga110n right,); end all Who'rgM. myst as, and pr01i4,eli t0 the roll pr wI.M"u�ding
<br />without limitation all minerals, dl, gas, geothermal and similar madam, (the "Heal Property') located in dell t:OD aaame Of
<br />The West Fifty -Five (55) feet of the East Two Hundred Six and SIX tenths (206.6) feet of Block Two (2),
<br />K001110r Subdivision, Grand Island, Nebraska -More . particularly de9cri�ed g EggAbit "A"
<br />ere o a ac e
<br />Real Property or Its address is commonly knows as 519 East Ashton Avenue, Grand Island, NE 68801.
<br />SS-COLLATFAALIZATION. In additlon to the Nob, this Deed of TmW secures all obligations, debts and liabilities, plus inkiest thereon, of
<br />or t0 Lander, or any one a more W them, H well as all Claims by Lender against Tnistw or any one a more of them, whether now abating
<br />aeeaar Al wheher raided Or un Mulled to the purpose Of the Note, whether voluntary a otherwise. Whether due a not din, direct or
<br />led, determaul or undo murex, abas ids or oontlogant, Nationals or unliquidated Whether Trustm may be liable individually or jointly with
<br />s, whether obligated as guarantor, surety, aosommodation party or lahMal9a, and whether moovery Upon Ruth amounts may bid Or hereafter
<br />became barretl by any statute W Iimitafioris, and whether the obltgatlgn to repay suit amouWS may be a nermw may became mherams,
<br />ipeoillrft without tlmitation, this Deed W Trust secures, in addition to the amounts specified in the Nob, all future
<br />xefion may loan to Trusts. together with as Interest thereon.
<br />to Lender (sled known as Beneadary In this Deed of Trust) all W Trial right. title, and interest in and to all present
<br />Property and of Rents from the Property. In addition, Trusts grants to Lender a Uniform Commembl Code security
<br />THE ASSIGNMENT of
<br />RENTS AND PERSONAL
<br />AND ALL OBLIGATIONS
<br />AND ACCEPTED ON THE
<br />Except as Otherwise provided m this Dead of Trust, Tnmslor shall pay to Lender au amounts secured by this
<br />and shall strictly and in a finally manner perform all of Tmskds obligations under the blots, this Dead W Trust,
<br />MAINTCNANCE OF THE PROPERTY. TNstor agmos that Trustor's poasesWon and use of the Property shau bei govened
<br />Possession and URe. Una the oaum moo of an Ever of Default. Trustor may (t) remain in poessasion and conaol W the Properly. (2)
<br />use. Operate Or manage the Property; and (3) cd lot the Rent, from the Property.
<br />Duty to Maintain. Truslor steel maintain the Property In good Condition amW promptly perform all napalm, replacements, and malnbmrree
<br />moisssary, to press halts value.
<br />Canpllande With Enviammenbt L & Truster represent, and wenenS t0 Lender that (1) During fns period W Trustees ownashp m
<br />the Properly; there has been no ma, generatlon, menmedae, storage. treatment, dlsp"W. rouse or threatened mMese of any Hazardma
<br />Substa l by any person on, under, about or from the Property; (2)' Trusts has no knowledge of, or reason to befiBse that there Ms been,
<br />except as Pmriousy Wsdased to and acknowledged by Lendu in writing, (a) any breach or violation W any Environmental Laws, (b) any
<br />use, generation manufacture, storage, treatment, due". reteese Of th estarsd release of any Hazardous Substance on, under, about or
<br />from me Property by any pea owners or ocouparrb of the Property, or (c) any aotuel or threatened litigation or Cleims of any End by any
<br />person missing W such maffem; and (3) Except us 0"Ously dbcbsed to and acknowedged by Lands in wmmg, (a) neither Truslor nor
<br />te0eml. state, and loch! laws, regulations and ordin treas, Indudl
<br />its agents :b enkr upon the property to make such inspecdo
<br />determine conpuanw. of the Properly with this Seutlon 0 the De
<br />purposes only and shell not be OOnslrusd to creek, any worm
<br />rep(05MV00ns And warrands oomounad herein as based
<br />Sump muss. TOWN her¢Cy (1) rebeses and waves any tutu
<br />becomes liable for cleanup or other costs under any such Laura; ,
<br />clams, losses. NabArlas, damages, penalties, and epenses whit
<br />W this section W the Dead W Trust or As A career. of a
<br />,a"" oaurring pnor to Trustees ownership or inkrest in the Pr
<br />The provisions W this section of the Dead of Trust, inol irg the
<br />sb, al Truslofs agaes, as Lender may deem appropriate to
<br />Any irnpectons or task made by Lentler and be for Lenders
<br />My on the pad W Lender to Truslor or to any other person. The
<br />5 due diligence in invashusarg the Properly fa H&dNd,m
<br />usual Lender for indemnify or oonhibuaon in the event Trwbr
<br />)tees to indemnity and hold harmiss Lender against any and all
<br />may direly a inampty sudsm or suffer reauarp from a breach
<br />Motion, manufacture, storage, dispose, raeas , or mreatennd
<br />mesa or not the same was or should have dean known b Tr.M.
<br />10 indemnify, shall survive the payment W the IndebbdMSS and
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