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THIS DEED OF TRUST is dated December 28, 2001, among TOM HALSTROM; AN UNMARRIED INDIVIDUAL <br />( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE <br />68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and United Nebraska <br />Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truslor WnVeya 10 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 S acted or affixed buildings, improvements and fixtures; all easements, rights 01 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 andprofits relating to the real property Including <br />without limitation all minerals, oil, gas, geothermal and similar matters , (the "Real Property) Oclded In HALL County, Mate OT <br />Nebraska: <br />LOT 2, BLOCK 21 CHARLES WASMER ADDITION <br />The Real Property or its address is commonly known as 1609 WEST KOENIG, GRAND ISLAND, NE 68801 <br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Trustor', right, title, and Interest in and to all present <br />and future losses of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Cod. 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 (S) 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 Dead of Trust, Trustor shalt 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',, obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truslor agrees that Trustor's possession and use of theProperty shall be governed by <br />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 menage 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 Lentler 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 at, 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 Truslor 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 />its agents to enter upon the Properly to make such Inspections and tests, at Truster's expense, as Lender may deem appropriate to <br />dean mine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Truslor or to any other person. The <br />representations and warranties contained herein are based on Truser's due diligence in Investigating the Property for Hazardous <br />Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor <br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnity and hold harmless Lender against any and ail <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Deed of Trust or as a consequence at any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Dead of Trust, including the obligation to indemnity, shall survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the Tien of this Deed of Trust and shall not be affected by Lender's acquisition of any Interest In the <br />Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any bounce nor commit, permit, or suffer any stripping of or waste on or to the <br />Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party <br />the right to remove, any limber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written <br />consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Properly without Lender's prior written <br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to <br />replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable limes to <br />attend to Lender's interests and to inspect the Real Properly for purposes of Truslor's compliance with the terms and conditions of this Deed <br />of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter <br />In effect, of all governmental authorities applicable to the use or occupancy of the Properly. Truster may contest in good faith any such law, <br />0 <br />9 n <br />n <br />�^ <br />x <br />v <br />~ <br />7 <br />n <br />� <br />O <br />N <br />N <br />U"i <br />� <br />Z <br />�R <br />WHEN 1g RuffMl <br />United Nebraska Bank <br />Grand Island Office <br />PO Box sole <br />G tl Ief tl NE 65502 <br />FOR <br />RECORDER'S USE <br />ONLY <br />` <br />W <br />DEED OF <br />TRUST <br />c. <br />THIS DEED OF TRUST is dated December 28, 2001, among TOM HALSTROM; AN UNMARRIED INDIVIDUAL <br />( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE <br />68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and United Nebraska <br />Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truslor WnVeya 10 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 S acted or affixed buildings, improvements and fixtures; all easements, rights 01 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 andprofits relating to the real property Including <br />without limitation all minerals, oil, gas, geothermal and similar matters , (the "Real Property) Oclded In HALL County, Mate OT <br />Nebraska: <br />LOT 2, BLOCK 21 CHARLES WASMER ADDITION <br />The Real Property or its address is commonly known as 1609 WEST KOENIG, GRAND ISLAND, NE 68801 <br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Trustor', right, title, and Interest in and to all present <br />and future losses of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Cod. 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 (S) 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 Dead of Trust, Trustor shalt 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',, obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truslor agrees that Trustor's possession and use of theProperty shall be governed by <br />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 menage 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 Lentler 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 at, 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 Truslor 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 />its agents to enter upon the Properly to make such Inspections and tests, at Truster's expense, as Lender may deem appropriate to <br />dean mine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Truslor or to any other person. The <br />representations and warranties contained herein are based on Truser's due diligence in Investigating the Property for Hazardous <br />Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor <br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnity and hold harmless Lender against any and ail <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Deed of Trust or as a consequence at any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Dead of Trust, including the obligation to indemnity, shall survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the Tien of this Deed of Trust and shall not be affected by Lender's acquisition of any Interest In the <br />Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any bounce nor commit, permit, or suffer any stripping of or waste on or to the <br />Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party <br />the right to remove, any limber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written <br />consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Properly without Lender's prior written <br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to <br />replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable limes to <br />attend to Lender's interests and to inspect the Real Properly for purposes of Truslor's compliance with the terms and conditions of this Deed <br />of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter <br />In effect, of all governmental authorities applicable to the use or occupancy of the Properly. Truster may contest in good faith any such law, <br />