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O = D <br />X <br />M <br />M 200206080 <br />DEED OF TRUST <br />FOR RECORDER'S USE ONLY <br />THIS DEED OF TRUST is dated June 5, 2002, among GARY D HOUGHTON and MARILYN E HOUGHTON; _1 <br />HUSBAND AND WIFE ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, <br />Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and p <br />United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as <br />"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 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 />A PARCEL OF LAND, BEING A PART OF THE NORTH FIFTEEN (15) ACRES OF THE NORTH HALF OF THE <br />SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (N1/2 SE1 /4 NE1 /4) OF SECTION FOUR (4), <br />TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9), WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, <br />DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ONE THOUSAND THREE HUNDRED AND TWENTY <br />(1320.0) FEET NORTH OF THE SOUTHEAST CORNER OF THE NOTHEAST QUARTER (NE1 /4) OF SAID <br />SECTION FOUR (4); RUNNING THENCE WEST ONE THOUSAND THREE HUNDRED AND TWENTY (1320.0) <br />FEET TO AN IRON PIN, THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST <br />QUARTER (SE1 /4 NE1 /4) OF SAID SECTION; THENCE SOUTH ONE HUNDRED THIRTY -TWO (132.0 ) FEET <br />TO AN IRON PIN; THENCE EAST ONE THOUSAND THREE HUNDRED TWENTY (1320.0) FEET TO THE <br />SECTION LINE; THENCE NORTH ONE HUNDRED THIRTY -TWO (132.0) FEET ALONG SAID SECTION LINE <br />TO THE PLACE OF BEGINNING. <br />The Real Property or its address is commonly known as 3048 ST PAUL ROAD, GRANDI SLAND, 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 (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 (1) remain in possession and control of the Property; <br />(2) 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release <br />of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the <br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this <br />section of the Deed of Trust. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution <br />in the event Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless <br />Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to <br />indemnify shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including <br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done <br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority <br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as <br />otherwise provided in this Deed of Trust. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other <br />hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of <br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including <br />stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each <br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any <br />act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of <br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood <br />Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the <br />full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set <br />(11 n <br />Gy, <br />M <br />to <br />C <br />n 2 <br />W <br />z <br />N <br />C <br />�n <br />z <br />z <br />-- <br />o <br />. <br />N <br />:. <br />.l <br />Z3 <br />r x <br />C <br />co <br />N <br />v+mi <br />c <br />cn <br />o <br />G <br />� <br />DEED OF TRUST <br />FOR RECORDER'S USE ONLY <br />THIS DEED OF TRUST is dated June 5, 2002, among GARY D HOUGHTON and MARILYN E HOUGHTON; _1 <br />HUSBAND AND WIFE ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, <br />Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and p <br />United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as <br />"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 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 />A PARCEL OF LAND, BEING A PART OF THE NORTH FIFTEEN (15) ACRES OF THE NORTH HALF OF THE <br />SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (N1/2 SE1 /4 NE1 /4) OF SECTION FOUR (4), <br />TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9), WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, <br />DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ONE THOUSAND THREE HUNDRED AND TWENTY <br />(1320.0) FEET NORTH OF THE SOUTHEAST CORNER OF THE NOTHEAST QUARTER (NE1 /4) OF SAID <br />SECTION FOUR (4); RUNNING THENCE WEST ONE THOUSAND THREE HUNDRED AND TWENTY (1320.0) <br />FEET TO AN IRON PIN, THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST <br />QUARTER (SE1 /4 NE1 /4) OF SAID SECTION; THENCE SOUTH ONE HUNDRED THIRTY -TWO (132.0 ) FEET <br />TO AN IRON PIN; THENCE EAST ONE THOUSAND THREE HUNDRED TWENTY (1320.0) FEET TO THE <br />SECTION LINE; THENCE NORTH ONE HUNDRED THIRTY -TWO (132.0) FEET ALONG SAID SECTION LINE <br />TO THE PLACE OF BEGINNING. <br />The Real Property or its address is commonly known as 3048 ST PAUL ROAD, GRANDI SLAND, 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 (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 (1) remain in possession and control of the Property; <br />(2) 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release <br />of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the <br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this <br />section of the Deed of Trust. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution <br />in the event Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless <br />Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to <br />indemnify shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including <br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done <br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority <br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as <br />otherwise provided in this Deed of Trust. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other <br />hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of <br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including <br />stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each <br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any <br />act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of <br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood <br />Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the <br />full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set <br />