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<br />WHEN RECORDED MAIL TO: 55
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<br />Bank Green 200206830
<br />301 N. . Green
<br />P.O. Box 125
<br />Clarks, 6E 68628 -0125 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />(J ..
<br />MAXIMUM LIEN, The lien of this Deed of Trust shall;not exceed at any one time ,$95,000.00. �
<br />THiS DEED OF TRUST is dated June 19, 2002, among Baltazar. Palma - Ambriz, as husband and debtor,
<br />Whose address is 3810 East Seedling Mile, Grand Island,. NE : 68801 and Gloria Palma- Ambriz, as wife,
<br />whose: address is 3810 East Seedling Mile, Grand Island;' NE 58801 ( "Trustor "); Bank of Clarks, Whose
<br />address is 301 14. Green, P.O. Box 125, Clarks, NE 68628.0125 (referred, to below sometimes as "Lender"
<br />and sometimes as "Beneficiary "), and Bank of Clarks, whose - address Is 301 -N. Green, P.O. Box 125, Clarks,
<br />NE 58628 -0125 (referred to below as "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 Tr.rstor's right, title, and Interest in and'to the following described real pro(xarty, together with all existing or
<br />subsequently erectF cl Or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including st x k !n uukl iss with ditch or irrigation rights); and all other ri hts, oyalties, and refits relating to the real roperty, including
<br />without limitation all minerals, oil, gas, gectherrral and,similar matters, (the "Real Property ") located. in Hall elounty, State of
<br />Nebraska:
<br />Lot Two (2), Paustian 2nd Subdl>1i!z,.,,n, in the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as,. 3810; East Seedling Mile, Grand Island, NE 68801.
<br />FUTURE ADVANCES, Spocif;cally, without limitation; this Deed of Trust,secure.s, In•addition'to the amounts specified in the Note, all futuro
<br />amounts Lendor in its discretion, may loan to Borrower; together with all Interest thereon; however, In no event shall such future advances
<br />(axciuding interest) oxceed in the aggregate 535,000.00.
<br />Trustor prosentiy assigns to Londor (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present
<br />and futuro leases of the 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 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 A6 (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 TERMC:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor Warrants;lhat :, (a)'lhis Deod of Trust is executed at Borrower's request and not
<br />at the request e! Lender; (b) Trustor has the full power, right, and authority, to4riter Into this Deed.of Trust and to hypothecate the Property; (c)
<br />tho provisions of this Deed of Trust do not conflict with; or result In a default %under anY agreement o?,other'Instrument Dinding upon Trustor and
<br />do riot rosult in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's, financial condition: and (ff)'Lendor has made no representatlon to
<br />Trustor about Sorrower (including without limitation the creditworthiness of Borrower): ;
<br />TRUSTOR'S WAIVERS. Trustor walvos all rightb or defenses arising by reason o0any 'one aetlon" or.'anti•deliciency' taw, or any other taw
<br />which may prevent Lender from bringing any action against Trustor, Including a Ialm for defiolency to'the extent Lender Is otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of'tnyforectosure action, either Judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFCRMANCE, Except as otherwise provided in this Deed.of Trust, Borrower shall`pay,to Lender all Indebtodness secured by
<br />this Deed of Trust as it becomes duo, and Borrower and Trustot shall strlctlyypgrfprm till their rospWiva,obligations under the Note, this Deed of
<br />Trust, and the Related Documents.
<br />.POSSESSION AND MAINTENANCE OF THE PROPERTY, Borrower and Trustor agree that Borrower's and Trustors possession and use of the
<br />Property shall be govornW by trio following provisions;
<br />Possession and Use. Until th:a occurrence of an Event of Default, Trustor may, (1)+ remain In possession ond�con!rol of tho Property; (2)
<br />uso° operate or manage the Proporty; and (3) collect tho Rents from the Property,
<br />Duty to Maintain. Trustor shall maintain the Property, In good condiflgn','Snd prgmptly`pgrform all repairs; repia4ements, and maintenance
<br />necessary to pre serve Its value.
<br />Compliance With Environmental Laws, Trustor represents and'warrants to,Lendor that; '(1)` During the period of Trustor's ownership of
<br />tho Property, there hqs boon no use, gennrstion, manufacture, storage; treatment;,, disposal, release'or threatened release of any Hazardous
<br />Substance by any pwson on, undor, about or from the Property; (e) Trustor has no knowledge of, or reason to believe that there has been,
<br />oxcept as previously disclosed to and acknowledged by Lender In wrltinpp,° (a) any breach or vlolalIon.of any Environmental Laws, (b) ary
<br />use, uc;noration, manufacture; storage, treatmont, disposal, relorrse or throalonod release of any Hazardous Substancei on, under, about or
<br />from rite Property by any prior ownors or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person rolr.,ting to such matters; and (3) Except as previously disclosed to and acknowledgod. by Lsndor,ln writing; (a) . n6lthor Trustor nor
<br />any loriant, contractor, agent or other authorized user of the Property, zhai�;Use, generate, manufacture, store, treat, dispose of or release any
<br />hlx:nrctous substance on, undor, about or from the Property; and (b) ;any,such activity shall be conducted In compliance with ail appllcablc
<br />lodura!, state, and local laws; rovilMlons and ordlnancos, Including without limitation all Environmental Laws, Trustor: authorizes Lender and
<br />Its agents to ranter upon the Property to make such inspections and tests, at Trustor's expense,, $$ Lender may doom appropriate to
<br />doterrnina compliance of the Property with this section of the Dead of Trust. Any Inspections or teats made by Lender shail be for Lender's
<br />purposes only and droll not be construed to croato any responsibility, or. liability on 'he part of,Lendar.'tq Trustor or`t8 any other person. The
<br />representations and warrantles conlalred horeln are based on `Trustor's` duffs diligence, In ", InV6atigating trio Property for Hazardous
<br />Subr.tancos, Trustor hereby (1) reloases and waives'pny futuro�clalrri6 against Lender for Indemnity, or'oontributlon In tha event Trustor
<br />laocornes liable for cleanup o(, other costs under any such laws; and (2) .agrees to Indemnify and hold harmless Lender against any and all
<br />cialms, leers +s, liakiilltir +sr �famages, ponallios, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach
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<br />WHEN RECORDED MAIL TO: 55
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<br />Bank Green 200206830
<br />301 N. . Green
<br />P.O. Box 125
<br />Clarks, 6E 68628 -0125 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />(J ..
<br />MAXIMUM LIEN, The lien of this Deed of Trust shall;not exceed at any one time ,$95,000.00. �
<br />THiS DEED OF TRUST is dated June 19, 2002, among Baltazar. Palma - Ambriz, as husband and debtor,
<br />Whose address is 3810 East Seedling Mile, Grand Island,. NE : 68801 and Gloria Palma- Ambriz, as wife,
<br />whose: address is 3810 East Seedling Mile, Grand Island;' NE 58801 ( "Trustor "); Bank of Clarks, Whose
<br />address is 301 14. Green, P.O. Box 125, Clarks, NE 68628.0125 (referred, to below sometimes as "Lender"
<br />and sometimes as "Beneficiary "), and Bank of Clarks, whose - address Is 301 -N. Green, P.O. Box 125, Clarks,
<br />NE 58628 -0125 (referred to below as "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 Tr.rstor's right, title, and Interest in and'to the following described real pro(xarty, together with all existing or
<br />subsequently erectF cl Or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including st x k !n uukl iss with ditch or irrigation rights); and all other ri hts, oyalties, and refits relating to the real roperty, including
<br />without limitation all minerals, oil, gas, gectherrral and,similar matters, (the "Real Property ") located. in Hall elounty, State of
<br />Nebraska:
<br />Lot Two (2), Paustian 2nd Subdl>1i!z,.,,n, in the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as,. 3810; East Seedling Mile, Grand Island, NE 68801.
<br />FUTURE ADVANCES, Spocif;cally, without limitation; this Deed of Trust,secure.s, In•addition'to the amounts specified in the Note, all futuro
<br />amounts Lendor in its discretion, may loan to Borrower; together with all Interest thereon; however, In no event shall such future advances
<br />(axciuding interest) oxceed in the aggregate 535,000.00.
<br />Trustor prosentiy assigns to Londor (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present
<br />and futuro leases of the 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 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 A6 (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 TERMC:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor Warrants;lhat :, (a)'lhis Deod of Trust is executed at Borrower's request and not
<br />at the request e! Lender; (b) Trustor has the full power, right, and authority, to4riter Into this Deed.of Trust and to hypothecate the Property; (c)
<br />tho provisions of this Deed of Trust do not conflict with; or result In a default %under anY agreement o?,other'Instrument Dinding upon Trustor and
<br />do riot rosult in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's, financial condition: and (ff)'Lendor has made no representatlon to
<br />Trustor about Sorrower (including without limitation the creditworthiness of Borrower): ;
<br />TRUSTOR'S WAIVERS. Trustor walvos all rightb or defenses arising by reason o0any 'one aetlon" or.'anti•deliciency' taw, or any other taw
<br />which may prevent Lender from bringing any action against Trustor, Including a Ialm for defiolency to'the extent Lender Is otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of'tnyforectosure action, either Judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFCRMANCE, Except as otherwise provided in this Deed.of Trust, Borrower shall`pay,to Lender all Indebtodness secured by
<br />this Deed of Trust as it becomes duo, and Borrower and Trustot shall strlctlyypgrfprm till their rospWiva,obligations under the Note, this Deed of
<br />Trust, and the Related Documents.
<br />.POSSESSION AND MAINTENANCE OF THE PROPERTY, Borrower and Trustor agree that Borrower's and Trustors possession and use of the
<br />Property shall be govornW by trio following provisions;
<br />Possession and Use. Until th:a occurrence of an Event of Default, Trustor may, (1)+ remain In possession ond�con!rol of tho Property; (2)
<br />uso° operate or manage the Proporty; and (3) collect tho Rents from the Property,
<br />Duty to Maintain. Trustor shall maintain the Property, In good condiflgn','Snd prgmptly`pgrform all repairs; repia4ements, and maintenance
<br />necessary to pre serve Its value.
<br />Compliance With Environmental Laws, Trustor represents and'warrants to,Lendor that; '(1)` During the period of Trustor's ownership of
<br />tho Property, there hqs boon no use, gennrstion, manufacture, storage; treatment;,, disposal, release'or threatened release of any Hazardous
<br />Substance by any pwson on, undor, about or from the Property; (e) Trustor has no knowledge of, or reason to believe that there has been,
<br />oxcept as previously disclosed to and acknowledged by Lender In wrltinpp,° (a) any breach or vlolalIon.of any Environmental Laws, (b) ary
<br />use, uc;noration, manufacture; storage, treatmont, disposal, relorrse or throalonod release of any Hazardous Substancei on, under, about or
<br />from rite Property by any prior ownors or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person rolr.,ting to such matters; and (3) Except as previously disclosed to and acknowledgod. by Lsndor,ln writing; (a) . n6lthor Trustor nor
<br />any loriant, contractor, agent or other authorized user of the Property, zhai�;Use, generate, manufacture, store, treat, dispose of or release any
<br />hlx:nrctous substance on, undor, about or from the Property; and (b) ;any,such activity shall be conducted In compliance with ail appllcablc
<br />lodura!, state, and local laws; rovilMlons and ordlnancos, Including without limitation all Environmental Laws, Trustor: authorizes Lender and
<br />Its agents to ranter upon the Property to make such inspections and tests, at Trustor's expense,, $$ Lender may doom appropriate to
<br />doterrnina compliance of the Property with this section of the Dead of Trust. Any Inspections or teats made by Lender shail be for Lender's
<br />purposes only and droll not be construed to croato any responsibility, or. liability on 'he part of,Lendar.'tq Trustor or`t8 any other person. The
<br />representations and warrantles conlalred horeln are based on `Trustor's` duffs diligence, In ", InV6atigating trio Property for Hazardous
<br />Subr.tancos, Trustor hereby (1) reloases and waives'pny futuro�clalrri6 against Lender for Indemnity, or'oontributlon In tha event Trustor
<br />laocornes liable for cleanup o(, other costs under any such laws; and (2) .agrees to Indemnify and hold harmless Lender against any and all
<br />cialms, leers +s, liakiilltir +sr �famages, ponallios, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach
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