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M <br />rn <br />99Z <br />N <br />V 1 <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Holdrege Office <br />PO Box 346 <br />Holdrege, NE 68949 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 28, 2002, among JUDY L HANSEN, A SINGLE PERSON, whose address is <br />934 South Pine, Grand Island, Nebraska 68801. ("Trustor"); United Nebraska Bank, whose address is Holdrege <br />Office, PO Box 346, Holdrege, NE 68949 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and United Nebraska Bank , whose address is 424 WEST AVENUE, HOLDREGE, NE 68949 <br />(referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truster 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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In HALL <br />County, State of Nebraska: <br />LOT TWO (2), BLOCK SIXTEEN (16), SOUTH GRAND ISLAND ADDITION, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 934 SOUTH PINE, GRAND ISLAND, NE 68801 <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 <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security 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 (Al PAYMENT OF THE INDEBTEDNESS AND (a)- 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 <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remain in possession and control of the Property; <br />12) 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 <br />maintenance 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 <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; 12) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (al any breach or violation of any <br />Environmental Laws, M any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and Ile) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be <br />construed to create any re=_ponsibility or liability on the part rf Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor <br />hereby (11 releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this <br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release <br />occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the <br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition <br />of any interest in the Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of <br />this Deed of Trust. <br />C <br />L7. <br />7 <br />a <br />c <br />n <br />o <br />N <br />-4 <br />O —i <br />C I,- <br />N <br />Z <br />Z <br />—f M <br />C7 <br />CCt <br />d <br />CD <br />_ <br />Cn <br />M <br />CD <br />S <br />r <br />cr1 <br />n a <br />Co <br />ca <br />o <br />T) <br />W1 <br />U7 <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Holdrege Office <br />PO Box 346 <br />Holdrege, NE 68949 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 28, 2002, among JUDY L HANSEN, A SINGLE PERSON, whose address is <br />934 South Pine, Grand Island, Nebraska 68801. ("Trustor"); United Nebraska Bank, whose address is Holdrege <br />Office, PO Box 346, Holdrege, NE 68949 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and United Nebraska Bank , whose address is 424 WEST AVENUE, HOLDREGE, NE 68949 <br />(referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truster 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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In HALL <br />County, State of Nebraska: <br />LOT TWO (2), BLOCK SIXTEEN (16), SOUTH GRAND ISLAND ADDITION, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 934 SOUTH PINE, GRAND ISLAND, NE 68801 <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 <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security 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 (Al PAYMENT OF THE INDEBTEDNESS AND (a)- 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 <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remain in possession and control of the Property; <br />12) 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 <br />maintenance 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 <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; 12) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (al any breach or violation of any <br />Environmental Laws, M any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and Ile) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be <br />construed to create any re=_ponsibility or liability on the part rf Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor <br />hereby (11 releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this <br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release <br />occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the <br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition <br />of any interest in the Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of <br />this Deed of Trust. <br />C <br />L7. <br />7 <br />a <br />