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<br />WHEN RECORDED MAIL TO:'
<br />Bank of Clarks
<br />301 N. 200202723
<br />CI rice WE 28-0125 FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST j
<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 November 16, 2001, among Scott D. Pickrel, a single person, whose address Is 3420 Stuhr Road, Grand Island, NE 68801 ( "Trustor "); Bank of Clarks, whose address Is 301 N. Green,
<br />P.O. Box 125, Clarks, NE 68628.0125 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Bank of Clarks, whose address Is 301 N. Green, P.O. Box 125; Clarks, NE 68628 -0125
<br />(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 Trawks's right, title, and Interest in and to Me following described real property, together with ell existing or
<br />subsequently ereasid or aPUad buildings, improvements and futures; ail easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock In utlllies with ditch or irrigation rights); and all other d we iff end prof16 relating to the real propemr including
<br />without Ilmfiatlan all minerals, oil, gas, geothermal and similar maters, (the "F ee) Property ") Ioeated in Hall oC unry, State of
<br />Nebraska:
<br />Lot One (1), in Grand Island Farmstead Project Third Subdivision in the City of Grand Island, Hall
<br />County, Nebraska.
<br />The Real Property or Its address is commonly known as 3420 Stuhr Road, Grand Island, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures. In addition to the amounts specified In the Note, all future
<br />avounm: Londar in its diacretloa ewy Icu, b Bonowah together rilh a8 'stems[ 11s6'mn.; hm.awsr, in no areal she!! such More advances
<br />(excluding Interest) exceed In the aggregate $85,0M..M.
<br />Trustor presently assigns to Leader (also krwwn as Beneficiary In this Dead of Trust) all of Tn mama right, two, and interest in and to all present
<br />and future Isasas of Me Property and all names from the Property. In Addition, Trustor grants to Lender a Uniform Commercial Owe security
<br />Interest In the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST I$ GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:.
<br />TRUSTOR'8 REPRESENTATION$ AND WARRANnE$. Trader warrants Mat (a) this Dead! of Trust la executed at Borrowers request and not
<br />at the request of Lender; (b) Trustor has Me full power, right, and authority to enter into Me, Dead of Trust and te hypothecate Me Property; (c)
<br />the provisions of Mus Deed of Trust do net ournfi!ct with, or result In a default under my agreement re *Mar Instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable t0 Trustor, (d) Trustor has established adequate means of
<br />obtaining from Borrower an a continuing basis Information about Borrowers finmcel contlition; and (e) Lander has made no representation to
<br />Trustor about Borrower ( Including without limitation the credltworthlre ss of Borrower).
<br />TRUSTOR'S WAIVERS. Truaror wall all rights or defenses mang by mason of my -me action" or "anti- deficiency' law, or any other law
<br />which may prevent Lender ham bringing any action against Truster, Including a claim for deficiency to the extent Lender is otherwise entN to a
<br />claim for deficiency, before or after Lenders comnencertrent or eonplalion W any foreclosure action, either judicially or by exactas of a power of
<br />sale.
<br />PAYMENT AND PERFORMANCE. Except as olla wise provided In this Dead of Trust, Borrower shall pay to Lender at Indebtedness secured by
<br />this Dead of Trust as It becomes tlue, add Borrower antl Trustor shall Of perform all their respective obligations under the Note, this Deed of
<br />Trust, and Me Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree Mat Bonower's and Trusfor's possession and use of Me
<br />Property shall be govern i by the following pro rledns:
<br />Possession and Use. Law no occurrence of an Event of Defeat. Trustor may (1) remain In possession and control of Me Property; (2)
<br />use, operate or manage Me Property: and (3) collect the Part; "in me Property.
<br />Duty W Maintain. Trustor shat mountain Me PmWny in good condition and Promptly perform all repairs, replacements, and malatenence
<br />necessary to preserve is value.
<br />Compliance With Environmental Laws. Trustor represents and warrants he Leader that: (1) During Me period of TrusMra ownership of
<br />Me Property, there has bean no use, generation, manufacture, storage, Madden, disposal, release or threatened release of any Hazardous
<br />Smetarim by any Parson 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, atc rags, treatment, disposal, release or threatened missile of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Properly, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as preelously disclosed M and acknowledged by Lander in writing, (a) neither Trustor nor
<br />any tenant, permeates, agent or other authorized user 0 the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance an under, about or hard the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and Iocd laws, regulators aid ordinances, Including without limitation all Environmental Laws. Truster authorizes Lender and
<br />its agents to enter upon the property to make such Inspections and tests, at Trustar's expense, as Leader may deem appropriere to
<br />determine compliance of the Property with tail section of the Deed of Trust. Any Inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender le Truster or to any other Person. The
<br />roprommatons and warranties contained herein are based On Trusters due diligence in Investigating the Property for Hazardous
<br />Substances. Truster hereby (1) releases add waives any future claims against Lender for Indemnity or contribution in the event Trustor
<br />becomes Issas for cleanup or Other cows under any such laws; and (2) agrees to indemnity and hold harmless Lander against any and all
<br />claims, losses, liabilities, damages, penalties, and expenam which Lender may directly or Indirectly sustain or suffer resulting from a breach
<br />W
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<br />W
<br />WHEN RECORDED MAIL TO:'
<br />Bank of Clarks
<br />301 N. 200202723
<br />CI rice WE 28-0125 FOR RECORDER'S USE ONLY
<br />I
<br />m
<br />Q
<br />tD
<br />Q
<br />DEED OF TRUST j
<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 November 16, 2001, among Scott D. Pickrel, a single person, whose address Is 3420 Stuhr Road, Grand Island, NE 68801 ( "Trustor "); Bank of Clarks, whose address Is 301 N. Green,
<br />P.O. Box 125, Clarks, NE 68628.0125 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Bank of Clarks, whose address Is 301 N. Green, P.O. Box 125; Clarks, NE 68628 -0125
<br />(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 Trawks's right, title, and Interest in and to Me following described real property, together with ell existing or
<br />subsequently ereasid or aPUad buildings, improvements and futures; ail easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock In utlllies with ditch or irrigation rights); and all other d we iff end prof16 relating to the real propemr including
<br />without Ilmfiatlan all minerals, oil, gas, geothermal and similar maters, (the "F ee) Property ") Ioeated in Hall oC unry, State of
<br />Nebraska:
<br />Lot One (1), in Grand Island Farmstead Project Third Subdivision in the City of Grand Island, Hall
<br />County, Nebraska.
<br />The Real Property or Its address is commonly known as 3420 Stuhr Road, Grand Island, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures. In addition to the amounts specified In the Note, all future
<br />avounm: Londar in its diacretloa ewy Icu, b Bonowah together rilh a8 'stems[ 11s6'mn.; hm.awsr, in no areal she!! such More advances
<br />(excluding Interest) exceed In the aggregate $85,0M..M.
<br />Trustor presently assigns to Leader (also krwwn as Beneficiary In this Dead of Trust) all of Tn mama right, two, and interest in and to all present
<br />and future Isasas of Me Property and all names from the Property. In Addition, Trustor grants to Lender a Uniform Commercial Owe security
<br />Interest In the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST I$ GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:.
<br />TRUSTOR'8 REPRESENTATION$ AND WARRANnE$. Trader warrants Mat (a) this Dead! of Trust la executed at Borrowers request and not
<br />at the request of Lender; (b) Trustor has Me full power, right, and authority to enter into Me, Dead of Trust and te hypothecate Me Property; (c)
<br />the provisions of Mus Deed of Trust do net ournfi!ct with, or result In a default under my agreement re *Mar Instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable t0 Trustor, (d) Trustor has established adequate means of
<br />obtaining from Borrower an a continuing basis Information about Borrowers finmcel contlition; and (e) Lander has made no representation to
<br />Trustor about Borrower ( Including without limitation the credltworthlre ss of Borrower).
<br />TRUSTOR'S WAIVERS. Truaror wall all rights or defenses mang by mason of my -me action" or "anti- deficiency' law, or any other law
<br />which may prevent Lender ham bringing any action against Truster, Including a claim for deficiency to the extent Lender is otherwise entN to a
<br />claim for deficiency, before or after Lenders comnencertrent or eonplalion W any foreclosure action, either judicially or by exactas of a power of
<br />sale.
<br />PAYMENT AND PERFORMANCE. Except as olla wise provided In this Dead of Trust, Borrower shall pay to Lender at Indebtedness secured by
<br />this Dead of Trust as It becomes tlue, add Borrower antl Trustor shall Of perform all their respective obligations under the Note, this Deed of
<br />Trust, and Me Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree Mat Bonower's and Trusfor's possession and use of Me
<br />Property shall be govern i by the following pro rledns:
<br />Possession and Use. Law no occurrence of an Event of Defeat. Trustor may (1) remain In possession and control of Me Property; (2)
<br />use, operate or manage Me Property: and (3) collect the Part; "in me Property.
<br />Duty W Maintain. Trustor shat mountain Me PmWny in good condition and Promptly perform all repairs, replacements, and malatenence
<br />necessary to preserve is value.
<br />Compliance With Environmental Laws. Trustor represents and warrants he Leader that: (1) During Me period of TrusMra ownership of
<br />Me Property, there has bean no use, generation, manufacture, storage, Madden, disposal, release or threatened release of any Hazardous
<br />Smetarim by any Parson 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, atc rags, treatment, disposal, release or threatened missile of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Properly, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as preelously disclosed M and acknowledged by Lander in writing, (a) neither Trustor nor
<br />any tenant, permeates, agent or other authorized user 0 the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance an under, about or hard the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and Iocd laws, regulators aid ordinances, Including without limitation all Environmental Laws. Truster authorizes Lender and
<br />its agents to enter upon the property to make such Inspections and tests, at Trustar's expense, as Leader may deem appropriere to
<br />determine compliance of the Property with tail section of the Deed of Trust. Any Inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender le Truster or to any other Person. The
<br />roprommatons and warranties contained herein are based On Trusters due diligence in Investigating the Property for Hazardous
<br />Substances. Truster hereby (1) releases add waives any future claims against Lender for Indemnity or contribution in the event Trustor
<br />becomes Issas for cleanup or Other cows under any such laws; and (2) agrees to indemnity and hold harmless Lander against any and all
<br />claims, losses, liabilities, damages, penalties, and expenam which Lender may directly or Indirectly sustain or suffer resulting from a breach
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