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DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $85 000.00
<br />THIS DEED OF TRUST is dated January 24, 2002, among Luis E. Ruiz, as husband and debtor, whose
<br />address is 815 N. White Ave., Grand Island, NE 68803 and Kelly L. Ruiz, as wife, whose address Is 815 N.
<br />White Ave., Grand Island, NE 68803 ( "Trustor "); Bank of Clarks, whose address Is 301 N. Green, P.O. Box
<br />125, Clarks, NE 68628.0125 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br />and Bank of Clarks, whose address Is 301 N. Green, P.O. Box 125, Clarks, NE :;68628.0125 (referred to
<br />below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable coneleerallon, Truster conveys to Trustee M trust, WITH POWER OF SALE,:. for the benefit of
<br />Land" as Beneficiary, all of Trusters, right, title, and interest M and to Me 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 win ditch or irrigation rights); and all Other rl W, royalties, and its relating to the real property,. including
<br />without limitation all minerals, oil, gas, geoMarmal and sirmar modem, (the "Neal Property" located In Hall County, State of
<br />Nebraska:
<br />Lot Eleven (11), in Block Two (2), in Lambert's Second Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or Its address Is commonly known as 815 N. White Ave., Grand Island, NE 68803.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition b the wounts specified in tie Note, all future
<br />amounts Lander In ie discretion may loan to Borrower, together wit. all interest thereon; however, In no event shall such ,future advances
<br />(excluding interest) exceed In to aggregate $85,000.00.
<br />Trustor presently assigns to Lander (also known as Beneticdery In Mie Deed of Trost) all Of Trustor' right, title, and interest M and to all present
<br />and future lesson of to Property and all Rents from to Property. In addition, Trustor gents to Lander a Uniform Commercial Cade security
<br />interest in me Personal Property end Rents.
<br />THIS DEED OF
<br />PROPERTY, 18 t
<br />UNDER THE NO
<br />FOLLOWING TE
<br />AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />TRUSTOR'S REPRESENTATIO14S AND WARRANTIES. Trustor warning that (a) this Dead of Trust Is executed at Borrower's request and not
<br />at Me request of Lender; (b) Truslor has Me full power, right; and aulhaily to enter innd Mis Dead of Trust and to hypothecate Me Property; (c)
<br />no provisions of this Dead of Trost do rot conflict with, Or result in a default most any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or odor applicaUs b Truster; (d) Trustor fan established adequate means of
<br />obtaining from Borrower on a continuing basis Information about Borrower's financial condition; and (e) Larder has made no repres mbeffi n to
<br />Truster about Borrower (Including without limitation the creditwoMiness of Borrowen.
<br />TRUSTOR'S WAIVERS. Trainor waives all rights or defenses arising by reason of any "one aatlon" or 'antFdaBdency" law, or any other law
<br />which may prevent Lender hoer bringing any action against Trustor, Including a dalm for deticlency to the extent Lender a otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of any foredomen nation, either Judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />M4 Dead of Trust as it becomes due, ard Borrower and Trustor shall strictly perform all their respective Obligations under Me Note, she Dead of
<br />Trost, and the Related Docunerl
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree Mat Borrower's and Trusters possession antl use of
<br />theProperly, shall be governed by Me following provlsbns:
<br />Possession and Ux. 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 Me Property; and (3) collect the Rome from the Property.
<br />Duty to Maintain. Trustor shall mountain the Property In good condition and promptly perform all repairs, replacements, antl maintenance
<br />necessary to preserve its value.
<br />Compliance With Environmental Laws. Truster represents and warrants to Larder Met: (1) During Me period of Trustor's ownership of
<br />Me Property, Mere has mom no use, generation, manufacture, storage, treatment, disposal, release or indentured release of any Hazardous
<br />Substance by any person on, under, about or from Me Property; (2) Trustor has no knowledge of, or reason to believe Mat there has been,
<br />except as previously disclosetl to end acknowledged by Lender in writing, (a) any breach or vioWtion of any Envinurxnental 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 N Me Property, or (a) any actual or threatened litigation or claims of any kind by any
<br />person relating to such natters; 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 Properly shall use, generate, manufacture, store, treat, dimes. of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such actNlty shall be conducted In compliance with all applicable
<br />fedmil, state, and local laws, regulations and ordinances, including without limitation all Ereironmaraal Laws. Thunder su oadaes Lender and
<br />Its agents to enter upon the Property to make such Inspections and tests, at Trustor' expanse, as Larder may dew appropriate to
<br />determine compliance of the Property with this section of Me Dead of Trust. Any inspections or two made by Lender shall on for Lender's
<br />purposes only and shall not be oonstriml to create any msponsibilily or liability an Me pad M Lender to Trustor or to any other person. The
<br />representations and warranties containetl herein are based on Trustois due diligence in imesfigeting tine Properly for Hazardous
<br />Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnify or contribution in Me event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender egalnst any and all
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<br />WHEN RECORDED MAIL TO:
<br />o
<br />Bank of Clarke
<br />301 N. Green
<br />200201021
<br />P.O. Box 1"S
<br />atom. NF eaaba -012F
<br />FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $85 000.00
<br />THIS DEED OF TRUST is dated January 24, 2002, among Luis E. Ruiz, as husband and debtor, whose
<br />address is 815 N. White Ave., Grand Island, NE 68803 and Kelly L. Ruiz, as wife, whose address Is 815 N.
<br />White Ave., Grand Island, NE 68803 ( "Trustor "); Bank of Clarks, whose address Is 301 N. Green, P.O. Box
<br />125, Clarks, NE 68628.0125 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br />and Bank of Clarks, whose address Is 301 N. Green, P.O. Box 125, Clarks, NE :;68628.0125 (referred to
<br />below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable coneleerallon, Truster conveys to Trustee M trust, WITH POWER OF SALE,:. for the benefit of
<br />Land" as Beneficiary, all of Trusters, right, title, and interest M and to Me 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 win ditch or irrigation rights); and all Other rl W, royalties, and its relating to the real property,. including
<br />without limitation all minerals, oil, gas, geoMarmal and sirmar modem, (the "Neal Property" located In Hall County, State of
<br />Nebraska:
<br />Lot Eleven (11), in Block Two (2), in Lambert's Second Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or Its address Is commonly known as 815 N. White Ave., Grand Island, NE 68803.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition b the wounts specified in tie Note, all future
<br />amounts Lander In ie discretion may loan to Borrower, together wit. all interest thereon; however, In no event shall such ,future advances
<br />(excluding interest) exceed In to aggregate $85,000.00.
<br />Trustor presently assigns to Lander (also known as Beneticdery In Mie Deed of Trost) all Of Trustor' right, title, and interest M and to all present
<br />and future lesson of to Property and all Rents from to Property. In addition, Trustor gents to Lander a Uniform Commercial Cade security
<br />interest in me Personal Property end Rents.
<br />THIS DEED OF
<br />PROPERTY, 18 t
<br />UNDER THE NO
<br />FOLLOWING TE
<br />AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />TRUSTOR'S REPRESENTATIO14S AND WARRANTIES. Trustor warning that (a) this Dead of Trust Is executed at Borrower's request and not
<br />at Me request of Lender; (b) Truslor has Me full power, right; and aulhaily to enter innd Mis Dead of Trust and to hypothecate Me Property; (c)
<br />no provisions of this Dead of Trost do rot conflict with, Or result in a default most any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or odor applicaUs b Truster; (d) Trustor fan established adequate means of
<br />obtaining from Borrower on a continuing basis Information about Borrower's financial condition; and (e) Larder has made no repres mbeffi n to
<br />Truster about Borrower (Including without limitation the creditwoMiness of Borrowen.
<br />TRUSTOR'S WAIVERS. Trainor waives all rights or defenses arising by reason of any "one aatlon" or 'antFdaBdency" law, or any other law
<br />which may prevent Lender hoer bringing any action against Trustor, Including a dalm for deticlency to the extent Lender a otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of any foredomen nation, either Judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />M4 Dead of Trust as it becomes due, ard Borrower and Trustor shall strictly perform all their respective Obligations under Me Note, she Dead of
<br />Trost, and the Related Docunerl
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree Mat Borrower's and Trusters possession antl use of
<br />theProperly, shall be governed by Me following provlsbns:
<br />Possession and Ux. 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 Me Property; and (3) collect the Rome from the Property.
<br />Duty to Maintain. Trustor shall mountain the Property In good condition and promptly perform all repairs, replacements, antl maintenance
<br />necessary to preserve its value.
<br />Compliance With Environmental Laws. Truster represents and warrants to Larder Met: (1) During Me period of Trustor's ownership of
<br />Me Property, Mere has mom no use, generation, manufacture, storage, treatment, disposal, release or indentured release of any Hazardous
<br />Substance by any person on, under, about or from Me Property; (2) Trustor has no knowledge of, or reason to believe Mat there has been,
<br />except as previously disclosetl to end acknowledged by Lender in writing, (a) any breach or vioWtion of any Envinurxnental 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 N Me Property, or (a) any actual or threatened litigation or claims of any kind by any
<br />person relating to such natters; 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 Properly shall use, generate, manufacture, store, treat, dimes. of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such actNlty shall be conducted In compliance with all applicable
<br />fedmil, state, and local laws, regulations and ordinances, including without limitation all Ereironmaraal Laws. Thunder su oadaes Lender and
<br />Its agents to enter upon the Property to make such Inspections and tests, at Trustor' expanse, as Larder may dew appropriate to
<br />determine compliance of the Property with this section of Me Dead of Trust. Any inspections or two made by Lender shall on for Lender's
<br />purposes only and shall not be oonstriml to create any msponsibilily or liability an Me pad M Lender to Trustor or to any other person. The
<br />representations and warranties containetl herein are based on Trustois due diligence in imesfigeting tine Properly for Hazardous
<br />Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnify or contribution in Me event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender egalnst any and all
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