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WHEN RECORDED MAIL TO:
<br />Farmers State Bank f� O )all 1 [ r l
<br />V
<br />2nd and Vine 11 2 0 1 V
<br />P. O. Box 246
<br />Silver Creek NE 696634246 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 $110,000.00.
<br />THIS DEED OF TRUST is dated February 6, 2002, among Kim E. Buckner, whose address is 411 South 1
<br />Cedar, Grand Island, NE 68801; a single person ( "Trustor "); Farmers State Bank, whose address is 2nd and �•
<br />Vine, P. 0. Box 246, Silver Creek, NE 68663 -0246 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary "); and Farmers State Bank, whose address is P. 0. Box 246, Silver Creek, NE
<br />68663 -0246 (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 />A tract of land being a part of Lot Eight of County Subdivision of the South Half of the Southeast
<br />Quarter (SE1 /2 SE1 /4) of Section Sixteen (16), Township Eleven (11) North, Range Nine (9) West of the
<br />6th P.M. Hall County, Nebraska, described as follows: Commencing at the Northeast Corner of Lot
<br />Eight (8) of said County Subdivision as originally platted, thence Southerly along the Westerly Line of
<br />Cedar Street, (Be the Westerly Line of Said Lot Eight (8) as Originally Platted) a distance of 199.45 feet,
<br />thence Easterly parallel with the Northerly Line of said Lot Eight (8), as Originally Platted a distance of
<br />80 feet to the Easterly Line of Cedar Street as the Actual Point of beginning: thence Easterly parallel
<br />with the Northerly Line of Said Lot Eight (8) a distance of 58 feet, thence Southerly parallel with the East
<br />Line of said Cedar Street a distance of 60.55 feet, thence Westerly parallel with the Northerly Line of
<br />said Lot Eight (8) as Original Platted a distance of 58 feet to the Easterly Line of said Cedar Street,
<br />thence along the Easterly Line of said Cedar Street in a Northerly direction a distance of 60.55 feet to
<br />the Actual Point of Beginning.
<br />The Real Property or its address is commonly known as 411 South Cedar, Grand Island, NE 68801.
<br />CROSS— COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this
<br />Deed of Trust as they become due, and shalt strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed
<br />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 />use, operate or manage 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 Lender 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 of, 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 Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
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<br />WHEN RECORDED MAIL TO:
<br />Farmers State Bank f� O )all 1 [ r l
<br />V
<br />2nd and Vine 11 2 0 1 V
<br />P. O. Box 246
<br />Silver Creek NE 696634246 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 $110,000.00.
<br />THIS DEED OF TRUST is dated February 6, 2002, among Kim E. Buckner, whose address is 411 South 1
<br />Cedar, Grand Island, NE 68801; a single person ( "Trustor "); Farmers State Bank, whose address is 2nd and �•
<br />Vine, P. 0. Box 246, Silver Creek, NE 68663 -0246 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary "); and Farmers State Bank, whose address is P. 0. Box 246, Silver Creek, NE
<br />68663 -0246 (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 />A tract of land being a part of Lot Eight of County Subdivision of the South Half of the Southeast
<br />Quarter (SE1 /2 SE1 /4) of Section Sixteen (16), Township Eleven (11) North, Range Nine (9) West of the
<br />6th P.M. Hall County, Nebraska, described as follows: Commencing at the Northeast Corner of Lot
<br />Eight (8) of said County Subdivision as originally platted, thence Southerly along the Westerly Line of
<br />Cedar Street, (Be the Westerly Line of Said Lot Eight (8) as Originally Platted) a distance of 199.45 feet,
<br />thence Easterly parallel with the Northerly Line of said Lot Eight (8), as Originally Platted a distance of
<br />80 feet to the Easterly Line of Cedar Street as the Actual Point of beginning: thence Easterly parallel
<br />with the Northerly Line of Said Lot Eight (8) a distance of 58 feet, thence Southerly parallel with the East
<br />Line of said Cedar Street a distance of 60.55 feet, thence Westerly parallel with the Northerly Line of
<br />said Lot Eight (8) as Original Platted a distance of 58 feet to the Easterly Line of said Cedar Street,
<br />thence along the Easterly Line of said Cedar Street in a Northerly direction a distance of 60.55 feet to
<br />the Actual Point of Beginning.
<br />The Real Property or its address is commonly known as 411 South Cedar, Grand Island, NE 68801.
<br />CROSS— COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this
<br />Deed of Trust as they become due, and shalt strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed
<br />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 />use, operate or manage 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 Lender 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 of, 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 Trustor 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 />
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