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m <br />rn v c� <br />X, rn ry 0 -r <br />M <br />In <br />ca <br />sr <br />rM :3 <br />r xx <br />10 C.0 <br />-..t <br />✓?1 f'V <br />WHEN RECORDED MAIL TO: <br />Bank of Clarks <br />301 N: 125 <br />P.D. 60X 125 <br />Clarks, HE SM264125 FOR RECORDER'S USE ONLY <br />DEED 4F TRUST <br />MAXIMUM LIEN. The Ron of We Deed of Trust shaft not exceed at any one time $100,000.00. <br />si it ors <br />THiS DEED OF TRUST iS dated May 17, 2002;.among Otonlet Guzman- Ciniron, JIK an'Tyoint <br />debtor, whose address, to 512 N. Grace, Grand- Island,,NE 68801 and Maria Jose Crarritlo aka Madeline <br />Sanditago, as WiWP f%W whose address° Es, 51'2& Grace, Grand Island, NE 68801 ("Trostor" ); Q <br />Bank of Clarks, whose addrissa Is 301` N. Green, PO Box 125, Clarks, NE 68628.0125 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and 'Bank of Clarks, whose address is 301 N. <br />Green, P.O. Box 125, Clark, 6$628 -01261 (referred to below as "Trustee'% <br />CONVEYANCE AND GRANT. For valuable consideration, Ttsn dor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary,: all of Tritons right, fifle, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights . of way, and appurtenances; all water, water rights and <br />ditch rights (includes stock in utilities with ditch or Irrigation rights); and all other r hts, r allies, and relating to the realpJ�roperty, including <br />- without limitation all minerals, oil, gas, geothermal and airrular maters, (Ch$ " eel Property" located In Hall GCUnty, State of <br />Nebraska: <br />Lot One Hundred Nineteen (119), in Belmont, an Addition to the City of Grand island, Hall County, <br />Nebraska. <br />The Real', Property or its address Is commonly known as 612,N. Grace, Grand Island, NE 68801. <br />FUTURE ADVANCES. Specifically, without Imitation, this heed of Trust secures, m addition to the arnounts specified in to Note, all future <br />amounts Lender In its ci acretbm may loan to Borrower, together with` alt Interest therew; however; In no event shall such "future advances <br />(excluxang Interest) exceed in the aggregate $100,000:00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this,Deed of Trust) all of Trustor's right, tine, and interest In and to all present <br />and future leases of ft 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 Rams. <br />THIS DEED OF TRUSTS 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 DOCUMENfS, ANDTHIE 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 Dead of Trust is executed at Borrower's request and not <br />at the request of Lender;. z (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 ether instrument binding upon Trustor and <br />do not result in a violation of any law', regulation, cowl dowse or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis infornetio n about Bomo"es fsnanoial condition; and (a) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Sorrowor). <br />TRUSTOR'S WAIVERS, Trustor waives el rights or defenses, arising by reason of any "one action" or "arnfrdefioency' law, or any other law <br />which may prevent Lender from bringing any action' against Trustor, incluxing a claim lot deficiency to the extent Lender is otherwise entitled to a <br />` claim for deficiency, before or after Lender's commencement or cornpletlon of any foreclosure action, either Judicially or by exercise of a power of <br />Seta. <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 r the Note, this Deed of <br />Trust, and the Related Documents, <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trnskx 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 />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 F.ntvironn"tal 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 d)spoaal, 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, o reasws as believe teat there has been, <br />except as previously disclosed to and acknowledged by Lander 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 prix owners or occupants of the Property, or (c) any actual or threatened Ittigatbn 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 manufesture, Stirrer treat, dispose of or release any <br />Hazardous Substance on, under;: about or from the Properly; and (b) any such activity shat be conducted In compliance with all applicable <br />federal. state. and local fawn maulations and ordinances -indudino Without lirlftatbn all Environmental Laws. Trustor authorizes Lender and <br />dater <br />purfx <br />repre <br />Subs <br />beco <br />iay deem appropriate to <br />der shall be for Lenders <br />n any other person. The - <br />�roparty for Hazardous <br />tion In him event Trustor <br />rderagh(nstany and all <br />