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WHEN RECORDED MAIL TO: 200202901
<br />Bank of Clarks
<br />301 N. Green
<br />P.O. Box 125
<br />Cl P• NE 1,1210 "5 FOR RECORDS a USE ONLY .
<br />DEED OF TRUST a,- t \
<br />MAXIMUM LIEN. The Ilan of this Deed of Trust shall not exceed at any one time $89,000.00. S0
<br />THIS DEED OF TRUST Is dated February 6, 2002, among Carlos J. Martinez, a single person, whose address
<br />is 1011 N. Walnut, Grand Island, NE 68801 and Marta Dallla Lazo, a single person, whose address is 1011
<br />N. Walnut, Grand Island, NE 68801 ( "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 consideration, Truster call to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Truster's right, title, and interest in and to the following described reel 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 imgation rights); and all other rights, so else, and Profits relatinq to the realy, roperty, including
<br />without Ilmtatlon all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In Hall County, State of
<br />Nebraska:
<br />The North Forty -Five and Three Tenths Feet (45.3') of Lot Six (6), Block Twenty -Five (25), Russel
<br />Wheeler's Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Resl Property or Its address is commonly known as 1011 N. Walnut, Grand Island, NE 68801.
<br />FUTURF ADVANCES. Spa,: really, w1111ouf Iimtatinn, this Deal of Trust Ascends, in uoultiun :L .,,a a,na —: sr,- .!,ad ir, :`s N:cta, c,..,......,
<br />amounts Lender o Its discretion may lean to Borrower, together with all Interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead 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 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 (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 wanante the[ (a) able Dead of Trust is executed at Borrower's request and not
<br />at the request of Lander; (b) Trustor has Me full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property, (o)
<br />the provisions of this Dead of Trust do act conflict with, or result N a default under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation; court derma or order applicable to Trustor, (d) Trustor has established ,Adequate means of
<br />obtaining from Borrower on a continuing basis information about Sorrower's finemciel condition; and (e) Lender has made no representation to
<br />Trustor about Borrower (including without limitation the creditworthiness of Borrowed,
<br />TRUSTOR'S WAIVERS. Trustor waives ell rights or defenses arising by reason of any "one action' or "and- 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 Truster shell 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. Sonewer and Trustor agree that Borrower's and Truslor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Peaaesslon and Use. upit tho vocurM,wo of .n E.anf cf Dotirri Truster mar (1) rmmaln In ra mp,,Ilon and coniml of the Property, (2)
<br />use, operate or manage the Property; and (3) collect Me Rome from the Property.
<br />Duty to Melntaln. Trustor shall meintaln 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, dispssal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from Me Property; (2) Trustor has no knowledge of, or reason re eclievo Nat there has been
<br />except as previously disclosed to and acknowledged by Lander in writing, (e) any breach or violation of any Environmental Laws, of any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened releaso of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or wouparhte 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 ecknowleoged by Lender in writing, (a) neither Trustor nor
<br />any tenant, connector, 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 Me 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 Ilmilatlon all Environmental taws. Truster authorizes Lender and
<br />IN agents to enter upon the Property to mews such inspections and tests, at Trusters expense, as Lander may deem appropriate to
<br />dot innins compliance of Me Property with this 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 to Tnistor or to any other person. The
<br />replecantations and warranties contained herein are based on Trustor's due diligence in Investigating the Property for Hazardous
<br />Substances. Truster hereby (1) releases and walVes any future claims against Lender for Indemnity or contribution In the event Tracer
<br />becomes liable for cleanup or other costs under any such laws: and (2) agrees to Indemnity and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
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<br />WHEN RECORDED MAIL TO: 200202901
<br />Bank of Clarks
<br />301 N. Green
<br />P.O. Box 125
<br />Cl P• NE 1,1210 "5 FOR RECORDS a USE ONLY .
<br />DEED OF TRUST a,- t \
<br />MAXIMUM LIEN. The Ilan of this Deed of Trust shall not exceed at any one time $89,000.00. S0
<br />THIS DEED OF TRUST Is dated February 6, 2002, among Carlos J. Martinez, a single person, whose address
<br />is 1011 N. Walnut, Grand Island, NE 68801 and Marta Dallla Lazo, a single person, whose address is 1011
<br />N. Walnut, Grand Island, NE 68801 ( "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 consideration, Truster call to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Truster's right, title, and interest in and to the following described reel 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 imgation rights); and all other rights, so else, and Profits relatinq to the realy, roperty, including
<br />without Ilmtatlon all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In Hall County, State of
<br />Nebraska:
<br />The North Forty -Five and Three Tenths Feet (45.3') of Lot Six (6), Block Twenty -Five (25), Russel
<br />Wheeler's Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Resl Property or Its address is commonly known as 1011 N. Walnut, Grand Island, NE 68801.
<br />FUTURF ADVANCES. Spa,: really, w1111ouf Iimtatinn, this Deal of Trust Ascends, in uoultiun :L .,,a a,na —: sr,- .!,ad ir, :`s N:cta, c,..,......,
<br />amounts Lender o Its discretion may lean to Borrower, together with all Interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead 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 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 (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 wanante the[ (a) able Dead of Trust is executed at Borrower's request and not
<br />at the request of Lander; (b) Trustor has Me full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property, (o)
<br />the provisions of this Dead of Trust do act conflict with, or result N a default under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation; court derma or order applicable to Trustor, (d) Trustor has established ,Adequate means of
<br />obtaining from Borrower on a continuing basis information about Sorrower's finemciel condition; and (e) Lender has made no representation to
<br />Trustor about Borrower (including without limitation the creditworthiness of Borrowed,
<br />TRUSTOR'S WAIVERS. Trustor waives ell rights or defenses arising by reason of any "one action' or "and- 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 Truster shell 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. Sonewer and Trustor agree that Borrower's and Truslor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Peaaesslon and Use. upit tho vocurM,wo of .n E.anf cf Dotirri Truster mar (1) rmmaln In ra mp,,Ilon and coniml of the Property, (2)
<br />use, operate or manage the Property; and (3) collect Me Rome from the Property.
<br />Duty to Melntaln. Trustor shall meintaln 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, dispssal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from Me Property; (2) Trustor has no knowledge of, or reason re eclievo Nat there has been
<br />except as previously disclosed to and acknowledged by Lander in writing, (e) any breach or violation of any Environmental Laws, of any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened releaso of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or wouparhte 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 ecknowleoged by Lender in writing, (a) neither Trustor nor
<br />any tenant, connector, 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 Me 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 Ilmilatlon all Environmental taws. Truster authorizes Lender and
<br />IN agents to enter upon the Property to mews such inspections and tests, at Trusters expense, as Lander may deem appropriate to
<br />dot innins compliance of Me Property with this 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 to Tnistor or to any other person. The
<br />replecantations and warranties contained herein are based on Trustor's due diligence in Investigating the Property for Hazardous
<br />Substances. Truster hereby (1) releases and walVes any future claims against Lender for Indemnity or contribution In the event Tracer
<br />becomes liable for cleanup or other costs under any such laws: and (2) agrees to Indemnity and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
<br />
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