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WHEN RECORDED MAIL TO: <br />Sbennan County Bank <br />734 'O' Street <br />PO Box 543 <br />Low) City, NE 68853 -0543 FOR RECORDER'S USE ONLY <br />DEED OF TRUST —� <br />THIS DEED OF TRUST is dated September 10, 2001, among Dennetta M. Klinginsmith, a Single Person, <br />whose address is 1621 W. Hagge, Grand Island, NE 68801 ( "Trustor "); Sherman County Bank, whose o <br />address is 734 'O' Street, PO Box 543, Loup City, NE 68853 -0543 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary "); and Sherman County Bank, whose address is PO Box 543, Loup <br />City, NE 68853 (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, royalties, and profits relating to the real property, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, State of <br />Nebraska: <br />Lot Eight -Eight of Hagges' Subdivision of a part of the Northeast Quarter of the Northwest Quarter <br />(NEl /4NW1 /4) and a part of the Northwest Quarter of the Northeast Quarter (NWI /4NE1 /4) of Section <br />Twenty -Eight (28), Township Eleven (11), North, Range Nine (9) West of the 6th P.M., Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 1624 W. Hagge, Grand Island, NE 68801. <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 THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />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) <br />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 <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUST'OWS WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency" law, or any other law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, 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 />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of <br />Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the <br />Property shall be governed 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 />7t7 <br />rn <br />c- % <br />c? v> <br />C3 <br />rn <br />C <br />ry <br />'' <br />cD —+ <br />ry <br />n <br />n <br />Z <br />n <br />Cn <br />\ <br />rn <br />: --I <br />`4 <br />c+D <br />= <br />b <br />p:r <br />, <br />© <br />M <br />CD <br />C. <br />m <br />N <br />CD <br />lima <br />1710 <br />y <br />_,.. <br />CD <br />y <br />CT <br />N <br />x <br />W <br />a <br />Co <br />© <br />Cn <br />__I_- <br />tr' <br />O <br />WHEN RECORDED MAIL TO: <br />Sbennan County Bank <br />734 'O' Street <br />PO Box 543 <br />Low) City, NE 68853 -0543 FOR RECORDER'S USE ONLY <br />DEED OF TRUST —� <br />THIS DEED OF TRUST is dated September 10, 2001, among Dennetta M. Klinginsmith, a Single Person, <br />whose address is 1621 W. Hagge, Grand Island, NE 68801 ( "Trustor "); Sherman County Bank, whose o <br />address is 734 'O' Street, PO Box 543, Loup City, NE 68853 -0543 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary "); and Sherman County Bank, whose address is PO Box 543, Loup <br />City, NE 68853 (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, royalties, and profits relating to the real property, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, State of <br />Nebraska: <br />Lot Eight -Eight of Hagges' Subdivision of a part of the Northeast Quarter of the Northwest Quarter <br />(NEl /4NW1 /4) and a part of the Northwest Quarter of the Northeast Quarter (NWI /4NE1 /4) of Section <br />Twenty -Eight (28), Township Eleven (11), North, Range Nine (9) West of the 6th P.M., Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 1624 W. Hagge, Grand Island, NE 68801. <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 THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />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) <br />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 <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUST'OWS WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency" law, or any other law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, 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 />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of <br />Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the <br />Property shall be governed 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 />