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THIS DEED OF TRUST is dated June 13, 2002, among Deanna L. Lawhorne, as wife and debtor, whose
<br />address is 710 S. Kimball Street, Grand Island, NE 68801; Jason Lawhorne, as husband, whose address is
<br />710 S. Kimball Street, Grand Island, NE 68801 and Gecrgetta K. Platt, a single person, whose address is
<br />3008 W. North Front, Grand Island, NE 68801 ( "Trirstor "); Bank of Clarks, whose address is 301 N. Green,
<br />P.O. 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 consideration, Truster Convoys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Truslois right, title, and interest in and to the following described real property. to,ge0er with all existing or
<br />andepeuanlly created or uafxed buildings, improvements and fixtures; all easements, rights of way, and app elenances; all water, water rights and
<br />deem rights (including stock In utilities with it tCh o: irrigation rights): and all other rl9his. royalties, and Profits relating to the magyeam, Included
<br />without ,imitation all minerals, oil, gas, geothenn2i and similar matters, (the "Heal Properly ") located m Hell GCurl Sate Of
<br />Nebraska:
<br />Lot Two (2), Block Three (3), in South Grand Island, an Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or Its address is commonly known as 710 S. Kimball Street, Grand Word, NE 68801.
<br />FUTURE ADVANCES. St,964cally, without limitation, this 0.0 of Trust S,, , in atltlllion to the alMons sputchad In the Note, all future
<br />itirams Lentler in its demotion may loan to Borrower together with e6 intones( thereon; however in he event shall sack future advances
<br />(excluding interest; exceed is the aggrager. Widget 00.
<br />Treanor pro ... it, assigns to Londe, (also known as B ... ficiary in this DOOM of Trust) all of Trustors right, It and interest in and to all present
<br />and future losses of the ProPOny and all Rents from the Property, In addition, Theater grants to Under a uniform Commode Cctlo security
<br />Ihtorast in the Personal Properly 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 TEPpi
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trusfar warrants Thal: (a) this Dead of Trust is executed at Borrower's request and no!
<br />at the re.uest of Lender, is' Truster has the full power not and authority to enter Into Ihie Dead of Trust and to hypothecate the colonel: (r)
<br />find provisions of this Deed of rr.,V do not conflict with, or moult in a default under any agreement or other Instrument binding upon Truster end
<br />do not result in a Viol of any icw, regulation, coup decree or order applicable to Truster; (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial Cpedllion: and (e) Lender has made he representation to
<br />Truster about Barrewer (including without mcitetion the cradirwommess of Borrower).
<br />TRUSTOR'S WAIVERS. Trust., waives all a i!s er defenses arising by reason of any action' or 'anti deficiency' law, or any other law
<br />which may prevent Lender from bringing any action x2dreat Tremor, including a claim for deficiency to Vie extent Lender is otherwise entitled to a
<br />deli for debcioncy, befc a or after Lender's commenpeu:erl or completion of any foreclosure action, either ludlcially or by exercise of a power of
<br />,c.
<br />PAYMENT AND PERFORMANCE. Freda as.m ryead provided m This Deal of Trust, Borrower shall Pay to Lender all Indebteedness secured Ly
<br />This Deed of Trust as it becomes due, and Borrower and Truster shall and ly perform all their respective obligations under trio Note, reds Deed of
<br />Trust, and the Fall Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Thoom agree that Borrower's and Trustee's possession red ,a. of the
<br />Propony shall be flmr.m. by me following Fmvlsfons:
<br />Possession antl Use. bell the Occnrrunce of an Event of Default. Truster may (i; remain in possessWn and control of the Property: (2)
<br />use, operate or manage the PropeM: and (3) collect the Rents from the PropeM.
<br />Duty to Maintain. Truse, shall maintain the Property in good condition and promptly redden, all opairs, replacements, and menfenartce
<br />im,cemary, Ia prese,vb its value.
<br />Compliance With Environmental Laws. Tmslar represents and warrants to ender chic (f) During the period of Trustors ownership of
<br />the Properly, there has been no use, generation, manufacture, storage, tmatentre. disposal release or thruxlonetl release of any Hureaces
<br />Substance by any person on, u.dm, about or from the Prophet (2) Theater ties no knowledge of, or reason 1u believe that there has boon,
<br />rods as pravi.unj disclosed to and acknowledged by Lander er writing, (a) any breach or violation of eny Envnanmemal Laws. (b) any
<br />use, gene,anion, matw',ctum, storage, Imetmenr disposal, release or threatened release of any Hazardous Substance she under, about or
<br />from the Property Cy any Prior owners or Occupants of the PropeM. or (c) any actual Or threatened lillgrelon or claims d any kind by any
<br />person relating to such mafte,c; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) nottbi Truster nor
<br />any lei eni contractor, agent or diner authorized user of the Proi shall use, generate, manufacture, store, treat, dispose of or resaae any
<br />Hazardous SUbstaoCe on, under, about or from tbo Property; and (b) any such activity shall be conducted In compliance with. ell Semicircle
<br />!ederal, slate, and IWdI laws, regulations and ordinances, including without limitalien a Environmental bows. Truster authorizes Lender a,:d
<br />Its Seems 1. enter moon the Property to make such inspections and teals, at Trustors expense, Aa Lender may deem appropriate to
<br />dCta n ➢inC cOTPlianca Of 11C Porosity min this n:COOn of IF.v' Dafd CI TNSL Any InaUa dems Or a"S here SO by Larder shill be (O! Lender
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<br />WHEN RECORDED MAIL TO: �� 2� V V �i -
<br />Bank of Clarks V
<br />301 N. Green
<br />P.O. Box 125
<br />FOR RECORDER'S
<br />USE
<br />ONLY
<br />Clarks NE 68628 -0125
<br />_
<br />CONSTRUCTION DEED OF TRUST
<br />—ION
<br />THIS DEED OF TRUST IS A CONSTRUC 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 $80,001
<br />`
<br />THIS DEED OF TRUST is dated June 13, 2002, among Deanna L. Lawhorne, as wife and debtor, whose
<br />address is 710 S. Kimball Street, Grand Island, NE 68801; Jason Lawhorne, as husband, whose address is
<br />710 S. Kimball Street, Grand Island, NE 68801 and Gecrgetta K. Platt, a single person, whose address is
<br />3008 W. North Front, Grand Island, NE 68801 ( "Trirstor "); Bank of Clarks, whose address is 301 N. Green,
<br />P.O. 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 consideration, Truster Convoys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Truslois right, title, and interest in and to the following described real property. to,ge0er with all existing or
<br />andepeuanlly created or uafxed buildings, improvements and fixtures; all easements, rights of way, and app elenances; all water, water rights and
<br />deem rights (including stock In utilities with it tCh o: irrigation rights): and all other rl9his. royalties, and Profits relating to the magyeam, Included
<br />without ,imitation all minerals, oil, gas, geothenn2i and similar matters, (the "Heal Properly ") located m Hell GCurl Sate Of
<br />Nebraska:
<br />Lot Two (2), Block Three (3), in South Grand Island, an Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or Its address is commonly known as 710 S. Kimball Street, Grand Word, NE 68801.
<br />FUTURE ADVANCES. St,964cally, without limitation, this 0.0 of Trust S,, , in atltlllion to the alMons sputchad In the Note, all future
<br />itirams Lentler in its demotion may loan to Borrower together with e6 intones( thereon; however in he event shall sack future advances
<br />(excluding interest; exceed is the aggrager. Widget 00.
<br />Treanor pro ... it, assigns to Londe, (also known as B ... ficiary in this DOOM of Trust) all of Trustors right, It and interest in and to all present
<br />and future losses of the ProPOny and all Rents from the Property, In addition, Theater grants to Under a uniform Commode Cctlo security
<br />Ihtorast in the Personal Properly 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 TEPpi
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trusfar warrants Thal: (a) this Dead of Trust is executed at Borrower's request and no!
<br />at the re.uest of Lender, is' Truster has the full power not and authority to enter Into Ihie Dead of Trust and to hypothecate the colonel: (r)
<br />find provisions of this Deed of rr.,V do not conflict with, or moult in a default under any agreement or other Instrument binding upon Truster end
<br />do not result in a Viol of any icw, regulation, coup decree or order applicable to Truster; (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial Cpedllion: and (e) Lender has made he representation to
<br />Truster about Barrewer (including without mcitetion the cradirwommess of Borrower).
<br />TRUSTOR'S WAIVERS. Trust., waives all a i!s er defenses arising by reason of any action' or 'anti deficiency' law, or any other law
<br />which may prevent Lender from bringing any action x2dreat Tremor, including a claim for deficiency to Vie extent Lender is otherwise entitled to a
<br />deli for debcioncy, befc a or after Lender's commenpeu:erl or completion of any foreclosure action, either ludlcially or by exercise of a power of
<br />,c.
<br />PAYMENT AND PERFORMANCE. Freda as.m ryead provided m This Deal of Trust, Borrower shall Pay to Lender all Indebteedness secured Ly
<br />This Deed of Trust as it becomes due, and Borrower and Truster shall and ly perform all their respective obligations under trio Note, reds Deed of
<br />Trust, and the Fall Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Thoom agree that Borrower's and Trustee's possession red ,a. of the
<br />Propony shall be flmr.m. by me following Fmvlsfons:
<br />Possession antl Use. bell the Occnrrunce of an Event of Default. Truster may (i; remain in possessWn and control of the Property: (2)
<br />use, operate or manage the PropeM: and (3) collect the Rents from the PropeM.
<br />Duty to Maintain. Truse, shall maintain the Property in good condition and promptly redden, all opairs, replacements, and menfenartce
<br />im,cemary, Ia prese,vb its value.
<br />Compliance With Environmental Laws. Tmslar represents and warrants to ender chic (f) During the period of Trustors ownership of
<br />the Properly, there has been no use, generation, manufacture, storage, tmatentre. disposal release or thruxlonetl release of any Hureaces
<br />Substance by any person on, u.dm, about or from the Prophet (2) Theater ties no knowledge of, or reason 1u believe that there has boon,
<br />rods as pravi.unj disclosed to and acknowledged by Lander er writing, (a) any breach or violation of eny Envnanmemal Laws. (b) any
<br />use, gene,anion, matw',ctum, storage, Imetmenr disposal, release or threatened release of any Hazardous Substance she under, about or
<br />from the Property Cy any Prior owners or Occupants of the PropeM. or (c) any actual Or threatened lillgrelon or claims d any kind by any
<br />person relating to such mafte,c; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) nottbi Truster nor
<br />any lei eni contractor, agent or diner authorized user of the Proi shall use, generate, manufacture, store, treat, dispose of or resaae any
<br />Hazardous SUbstaoCe on, under, about or from tbo Property; and (b) any such activity shall be conducted In compliance with. ell Semicircle
<br />!ederal, slate, and IWdI laws, regulations and ordinances, including without limitalien a Environmental bows. Truster authorizes Lender a,:d
<br />Its Seems 1. enter moon the Property to make such inspections and teals, at Trustors expense, Aa Lender may deem appropriate to
<br />dCta n ➢inC cOTPlianca Of 11C Porosity min this n:COOn of IF.v' Dafd CI TNSL Any InaUa dems Or a"S here SO by Larder shill be (O! Lender
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