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WHEN RECORDED MAIL TO: <n Q
<br />Bank of Clarks
<br />Po Green 200205595
<br />Clarks NE 88828 -0125 FOR RECORDER'S USE ONLY
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $75,000.00. \
<br />THIS DEED OF TRUST is dated May 23, 2002, among Olga M. Kano, a single person, whose address is 710
<br />East 13th Street, Grand Island, NE 68801 ( "Truator "); Bank of Clarks, whose address is 301 N. Green, P.O.
<br />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 eonsIdernatlon, Truator conveys to Trustee in "at, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustors right, fide, and interest in and to the following described real property, together with at existing or
<br />subsequently erected or affixed buildings, Improvements and futures; all Basements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utlltles with ditch or irrigation rights); and all other rights, royalties, and refits relating to Me reelpropeny, mciuding
<br />without limitation all minemis, at, gas . geothermal and similar manors, (the "Real Property "� located In Hall county, State of
<br />Nebraska:
<br />Lot Six (6), Block Seven (7), in George Loan's Subdivision, an Addition to the City of Grand Island, Hall
<br />County, Nebraska.
<br />The Real Properly or its address Is commonly known as 710 East 13th Street, Grand Island, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in Me Note, all future
<br />amounts Lender in its discretion may loan to Truster, together with all interest thereon; however, in no event shall such future advances (excluding
<br />Interest) exceed In the aggregate $75,000.00.
<br />Truster presently assigns to Lender (also known as Renefdary in Mis Deed of Trust) all of Trustor's right, fee, and interest in and to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a Undorm Comrrercial Code security
<br />interest in the Personal Property and Hants.
<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 (8) 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 Dead of Trust, Truster shall Pay to Lender all amounts secured by this
<br />Dead of Twat as May become due, and shall strictly and in a timely manner perform all of Trustor's obligations under Me Nols, the Deed of Trust,
<br />and me Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees Mat Trustor's possession and use of the Property shall be governed
<br />by the mini provisions:
<br />Possession and Use. Until the Occurrence of an Event of Default, Truster may (1) remain in possession and central o Me Property; (2)
<br />use, operate or manage Me Properly: and (3) collect Me Rents from Me Property.
<br />Duty be Maintain. Truator shall maintain Me Property in good condition and promptly perform all repairs, replacements, and maintenance
<br />necessary to preserve Its value.
<br />Compliance With Environmental Laws. Truster represents and warrants to Lender Mat. (1) During the period of TTui ownership of
<br />Me Property, Mere 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 Me Property; (2) Truator has no knowledge of, or reason to behave Mat Mere has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or vitiation of any Environmental Laws, mn 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 Me Property, or (c) any actual or threatened litigation or claim 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 Trusts nor
<br />any tenant, contractor, agent or other authorized user of Me Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance an under, about or from me Property; and (b) any such activity shall be conducted to compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without tmtatern all Environmental Laws. Theater authorizes Lender and
<br />U agents to enter upon Me Property to make such inspections and tests, at Trustee's expense, as LaMar may deem appropriate to
<br />determine compliance of the Property with this section of Me Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall net be construed to create any responsibility or liability on Me part of Lender to Truster or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence In Iressggaling Me Property for Hazardous
<br />Substances. Truator hereby (1) releases and waives any future claims against Lender for indemnity or Contribution In the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hod harmless Lender against any and all
<br />claims, losses, liabilities, damages, penaltlas, and expenses which Lender may directly or indirectly sustain or suffer resulting iron a breach
<br />of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Trustor's ownership or interest in Me Property, whether or not the same was or should have been known to Truator.
<br />The provisions of this section of the Dead of Trust, including the obligafion to indemnity, shall survive Me payment of Me Indebodro is and
<br />the satisfaction and reconveyance of the lien of this Deed of Trust and shah not be affected by Lenders acquisition of any interest in the
<br />Property, whether by foeclosew or otherwise.
<br />Nuisance, Waste. Truster shall not cause, conduct w Permit any nuisance no commit, permit, or suffer any stripping of or waste on or to
<br />the Property or any portion of Me Property. Without looting Me generality of the foregoing, Truster will not remove, w grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas). coal, clay, scoria, soil, gravel or rook products without Lender's prior
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<br />WHEN RECORDED MAIL TO: <n Q
<br />Bank of Clarks
<br />Po Green 200205595
<br />Clarks NE 88828 -0125 FOR RECORDER'S USE ONLY
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $75,000.00. \
<br />THIS DEED OF TRUST is dated May 23, 2002, among Olga M. Kano, a single person, whose address is 710
<br />East 13th Street, Grand Island, NE 68801 ( "Truator "); Bank of Clarks, whose address is 301 N. Green, P.O.
<br />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 eonsIdernatlon, Truator conveys to Trustee in "at, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustors right, fide, and interest in and to the following described real property, together with at existing or
<br />subsequently erected or affixed buildings, Improvements and futures; all Basements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utlltles with ditch or irrigation rights); and all other rights, royalties, and refits relating to Me reelpropeny, mciuding
<br />without limitation all minemis, at, gas . geothermal and similar manors, (the "Real Property "� located In Hall county, State of
<br />Nebraska:
<br />Lot Six (6), Block Seven (7), in George Loan's Subdivision, an Addition to the City of Grand Island, Hall
<br />County, Nebraska.
<br />The Real Properly or its address Is commonly known as 710 East 13th Street, Grand Island, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in Me Note, all future
<br />amounts Lender in its discretion may loan to Truster, together with all interest thereon; however, in no event shall such future advances (excluding
<br />Interest) exceed In the aggregate $75,000.00.
<br />Truster presently assigns to Lender (also known as Renefdary in Mis Deed of Trust) all of Trustor's right, fee, and interest in and to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a Undorm Comrrercial Code security
<br />interest in the Personal Property and Hants.
<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 (8) 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 Dead of Trust, Truster shall Pay to Lender all amounts secured by this
<br />Dead of Twat as May become due, and shall strictly and in a timely manner perform all of Trustor's obligations under Me Nols, the Deed of Trust,
<br />and me Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees Mat Trustor's possession and use of the Property shall be governed
<br />by the mini provisions:
<br />Possession and Use. Until the Occurrence of an Event of Default, Truster may (1) remain in possession and central o Me Property; (2)
<br />use, operate or manage Me Properly: and (3) collect Me Rents from Me Property.
<br />Duty be Maintain. Truator shall maintain Me Property in good condition and promptly perform all repairs, replacements, and maintenance
<br />necessary to preserve Its value.
<br />Compliance With Environmental Laws. Truster represents and warrants to Lender Mat. (1) During the period of TTui ownership of
<br />Me Property, Mere 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 Me Property; (2) Truator has no knowledge of, or reason to behave Mat Mere has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or vitiation of any Environmental Laws, mn 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 Me Property, or (c) any actual or threatened litigation or claim 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 Trusts nor
<br />any tenant, contractor, agent or other authorized user of Me Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance an under, about or from me Property; and (b) any such activity shall be conducted to compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without tmtatern all Environmental Laws. Theater authorizes Lender and
<br />U agents to enter upon Me Property to make such inspections and tests, at Trustee's expense, as LaMar may deem appropriate to
<br />determine compliance of the Property with this section of Me Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall net be construed to create any responsibility or liability on Me part of Lender to Truster or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence In Iressggaling Me Property for Hazardous
<br />Substances. Truator hereby (1) releases and waives any future claims against Lender for indemnity or Contribution In the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hod harmless Lender against any and all
<br />claims, losses, liabilities, damages, penaltlas, and expenses which Lender may directly or indirectly sustain or suffer resulting iron a breach
<br />of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Trustor's ownership or interest in Me Property, whether or not the same was or should have been known to Truator.
<br />The provisions of this section of the Dead of Trust, including the obligafion to indemnity, shall survive Me payment of Me Indebodro is and
<br />the satisfaction and reconveyance of the lien of this Deed of Trust and shah not be affected by Lenders acquisition of any interest in the
<br />Property, whether by foeclosew or otherwise.
<br />Nuisance, Waste. Truster shall not cause, conduct w Permit any nuisance no commit, permit, or suffer any stripping of or waste on or to
<br />the Property or any portion of Me Property. Without looting Me generality of the foregoing, Truster will not remove, w grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas). coal, clay, scoria, soil, gravel or rook products without Lender's prior
<br />
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