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- - DEED OF TRUST THIS DEED OF TRUST is dated February 14, 2003, among GARY G PURVIS UNMARRIED and ELSIE M PURVIS UNMARRIED, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 304 W 12TH ST, GRAND ISLAND, NE 68801 ("Trustor"); Bank One, NA , whose address is National Direct Equity (NDE(, 100 East Broad Street, Columbus, OH 43271 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Stewart Title Guaranty Company of Nebraska, whose address is 1220 Washington, Suite 100, Kansas City, MO 64105 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Truster's right title, and interest in and to the fallowing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, includ'mg without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In HALL County, State of Nebraska: THE FOLLOWING DESCRIBED REAL ESTATE: LOT TEN (10) IN BLOCK ONE (1) IN SCHIMMER'S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY. The Real Property or its address is commonly known as 304 WEST 12TH STREET, GRAND ISLAND, NE 68801. The Real Property tax identification number is 400 089 246. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND Eg PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Truster has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Trustor about Borrower Including without limitation the creditworthiness of Borrower). TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any action" or "anti- deficiency" law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Belated Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Truster's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Outsell, Trustor may 111 remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Truster's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous 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, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Icl any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Truster's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Truster's due diligence in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for ° o� °m m 2 D A p '-'' —+ m o Z O 200302273 WHE�I,Rgr,ORDED MAIL TO: 4 -^ a- vicing KY2 1606 ]60 IN Sproul Road, 2n1 ofbor ns — SPdngfieM,PA 19964 FOR RECORDER'S USE ONLY - - DEED OF TRUST THIS DEED OF TRUST is dated February 14, 2003, among GARY G PURVIS UNMARRIED and ELSIE M PURVIS UNMARRIED, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 304 W 12TH ST, GRAND ISLAND, NE 68801 ("Trustor"); Bank One, NA , whose address is National Direct Equity (NDE(, 100 East Broad Street, Columbus, OH 43271 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Stewart Title Guaranty Company of Nebraska, whose address is 1220 Washington, Suite 100, Kansas City, MO 64105 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Truster's right title, and interest in and to the fallowing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, includ'mg without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In HALL County, State of Nebraska: THE FOLLOWING DESCRIBED REAL ESTATE: LOT TEN (10) IN BLOCK ONE (1) IN SCHIMMER'S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY. The Real Property or its address is commonly known as 304 WEST 12TH STREET, GRAND ISLAND, NE 68801. The Real Property tax identification number is 400 089 246. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND Eg PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Truster has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Trustor about Borrower Including without limitation the creditworthiness of Borrower). TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any action" or "anti- deficiency" law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Belated Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Truster's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Outsell, Trustor may 111 remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Truster's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous 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, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Icl any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Truster's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Truster's due diligence in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for