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m <br />n C <br />Z <br />Z N <br />/l &yw yylq�/hz <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Grand Island office <br />Po Box Bois <br />— O RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 3, 2002, among William R Holloway and Betty A Holloway; Husband and <br />Wife ( "Truslor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 6018, Grand Island, <br />NE 68802 (referred to below sometimes as "Lender" and sometimes as "BeneOcie <br />ry' ); and United <br />Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable demNtlerMlon, Trader conveys to Trustee In trust, WITH POWER OF SALE, for Me Meat of <br />Lender as Beneficiary, all of Trustor's right, tine, 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 easement, rights of way, and appurtenances; all water, water ryhh and <br />ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the he, pro city Irefrain <br />without limitation all minerals, pit, gas, geothermal and similar masers, (the "Real Property') located in Hell County, State <br />Nebraska: <br />Lot Thirteen (13), Rainbow Lake Second Subdivision, In Hall County, Nebraska <br />The Real Property or its address is commonly known as 3612 Catfish Ayr Grand Island, NE 68801 <br />Truslor presently assigns to Lender (also known as BenellClary In this Deed of Trust) all of Truser's right, title, and Interest In and to 911 present <br />and future leases of the Property and all Rents from the Property In addition, Truster grants to Leader Uniform Commit lel Cade 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 (Al 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 TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrant that: (a) this Deed of Trust Is executed at Borrower's request and not <br />at the request of Lender; (b) Tension has the full power, dghC and eulbcrly 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 dafaun under any agreement or other instrument binding upon Trul and <br />do not rerun in a valekon of any law, regulation, court decree or order applicable to Tranni (d) Trader has established adequate means of <br />obtaining from Borrower on a continuing basis Informal about Borrowers financial scratch; and (a) Lender hers made no representation to <br />Truster about Borrower (including without limitation the credlRaodhlness of Borrower). <br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any action' or "an0.aefldeni law, or any Other law <br />which may prevent Lender from bringing any action against IT Uslou Including a claim for denftency to the w]enl Lender is olhenvlse enllned to a <br />claim for deficiency i before Of after Lender's commencement or completion of any foreclosure action, either judicially or by avercise of power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Borrower shell pay to Lender all Indebtedness secured by <br />this Deed of Trust as II becomes due, and Borrower and Truster shall study perform all their respecllva obligations under the Note, this Deed of <br />Trust and the Related Document. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Trusts' possession and use of the <br />Papery shall be governed by the following provsiew <br />Possession and Use. Until the occurrence of an Event of Default Truster may (1) remain In passssslon and central of the Property: (2) <br />a, operate or manage the Properly; and (d) collect the Rents from the Property. <br />Duty to MMnla10. TNstor shall maintain IN Property In lenanleble condition and promptly perform all repairs, replacements, and <br />maintenance newssery to preserve 15 vaimp <br />Compliance With Environmental Laws, Truslor represents and warrants to Lender that: (1) During the period of Trusters ownership of <br />the Properly, there has been no use, generation, manufal storage, treatment disposal, release or threatened release of any Halardous <br />Substance by any person an, Under, about or from the Property; (2) hurler has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any Envnonmenlal Lewi Id) any <br />use gernmara n, manufacture, storage, treatment, disposal, release m threatened release of any Harermew Substance an, under, about m <br />from the Property by any prior owners or Occupants of the Properly, Or (C) any actual or thmRWned litigation Or claims of any kind by any <br />person relating to such Madrid, and (3) Except as previously disclosed to and acknowledged by Lender in writing. (a) mother Truslor nor <br />any tenant, contractor agent or other militarized user of the Properly shell use, generate, manufacture, slate, treat, dispose of or release any <br />Hamrdius Substance on, Under, about or from the Property; and tb) any such activity shalt be conducted In compliance with all applicable <br />real dean and Ideal laws, momiallons and ordinances, including without limitation all Environmental Laws. Trustier authorlol Lender and <br />�.. ____r. ,_ ....... ,tie .....e.w b. ri avb incnurlinm and tes5. at Trustor's expense, as Lender may deem appropriate 1s, <br />determine compliance of the Property with this section Ot me Lake of lust. Any msprcoons or Move n.xoe uy wnua. sac.. oa 1.+.._. T_x <br />purposes only and shall not be construed to create any responsibility or liability on the pad Of Lender to Tension or to any other person. The <br />represenletions and warranties contained haven are based on Trusters due diligence in investigating the Property for r amour <br />Substances. Truslor hereby (1) releases and wakes any future claims against Lender for indemnity 7 contribution In the event Truslor <br />becomes liable for cleanup of other costs under any such laws: and (2) agrees to Indemnify and hold harmless Lender against any and all <br />ms, losses, bebetiod, damages, paneled, and expenses which Lender may directly Or lnatreclly sustain or suffer redlining from a breach <br />of (this section of the Deed of Trust or as a consequence Of any use, genennow, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustees ownership Or Interest In the Property, whether or not the some was Or should have been known to Truslor. <br />The pmvlslons Of section of Deed of Trust, including the obligation to naturally, shall survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the lien of this Deed Of Trust and shall not be affected by Lender's acquisition of any inlmest In the <br />PropeM, whether by foreclosure or otherwise. <br />Nuisance, Waste. Truslor shall not cause, conduct Or permit any nuisance nor commit, permit, or suffer any stripping of or waste On Or to <br />the Property or any portion of the Properly. Without limiting the generality of the Foregoing, Truslor will not remove, or grant to any other <br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soli, gravel or rock products without Lender's prior <br />N <br />Coll <br />La <br />-�i <br />ro <br />O <br />• s <br />D <br />=I <br />sor <br />O <br />ou <br />1 <br />C r <br />fV <br />m <br />o <br />0 <br />O <br />T- <br />i <br />per <br />rD <br />j <br />N <br />/l &yw yylq�/hz <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Grand Island office <br />Po Box Bois <br />— O RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 3, 2002, among William R Holloway and Betty A Holloway; Husband and <br />Wife ( "Truslor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 6018, Grand Island, <br />NE 68802 (referred to below sometimes as "Lender" and sometimes as "BeneOcie <br />ry' ); and United <br />Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable demNtlerMlon, Trader conveys to Trustee In trust, WITH POWER OF SALE, for Me Meat of <br />Lender as Beneficiary, all of Trustor's right, tine, 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 easement, rights of way, and appurtenances; all water, water ryhh and <br />ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the he, pro city Irefrain <br />without limitation all minerals, pit, gas, geothermal and similar masers, (the "Real Property') located in Hell County, State <br />Nebraska: <br />Lot Thirteen (13), Rainbow Lake Second Subdivision, In Hall County, Nebraska <br />The Real Property or its address is commonly known as 3612 Catfish Ayr Grand Island, NE 68801 <br />Truslor presently assigns to Lender (also known as BenellClary In this Deed of Trust) all of Truser's right, title, and Interest In and to 911 present <br />and future leases of the Property and all Rents from the Property In addition, Truster grants to Leader Uniform Commit lel Cade 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 (Al 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 TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrant that: (a) this Deed of Trust Is executed at Borrower's request and not <br />at the request of Lender; (b) Tension has the full power, dghC and eulbcrly 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 dafaun under any agreement or other instrument binding upon Trul and <br />do not rerun in a valekon of any law, regulation, court decree or order applicable to Tranni (d) Trader has established adequate means of <br />obtaining from Borrower on a continuing basis Informal about Borrowers financial scratch; and (a) Lender hers made no representation to <br />Truster about Borrower (including without limitation the credlRaodhlness of Borrower). <br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any action' or "an0.aefldeni law, or any Other law <br />which may prevent Lender from bringing any action against IT Uslou Including a claim for denftency to the w]enl Lender is olhenvlse enllned to a <br />claim for deficiency i before Of after Lender's commencement or completion of any foreclosure action, either judicially or by avercise of power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Borrower shell pay to Lender all Indebtedness secured by <br />this Deed of Trust as II becomes due, and Borrower and Truster shall study perform all their respecllva obligations under the Note, this Deed of <br />Trust and the Related Document. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Trusts' possession and use of the <br />Papery shall be governed by the following provsiew <br />Possession and Use. Until the occurrence of an Event of Default Truster may (1) remain In passssslon and central of the Property: (2) <br />a, operate or manage the Properly; and (d) collect the Rents from the Property. <br />Duty to MMnla10. TNstor shall maintain IN Property In lenanleble condition and promptly perform all repairs, replacements, and <br />maintenance newssery to preserve 15 vaimp <br />Compliance With Environmental Laws, Truslor represents and warrants to Lender that: (1) During the period of Trusters ownership of <br />the Properly, there has been no use, generation, manufal storage, treatment disposal, release or threatened release of any Halardous <br />Substance by any person an, Under, about or from the Property; (2) hurler has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any Envnonmenlal Lewi Id) any <br />use gernmara n, manufacture, storage, treatment, disposal, release m threatened release of any Harermew Substance an, under, about m <br />from the Property by any prior owners or Occupants of the Properly, Or (C) any actual or thmRWned litigation Or claims of any kind by any <br />person relating to such Madrid, and (3) Except as previously disclosed to and acknowledged by Lender in writing. (a) mother Truslor nor <br />any tenant, contractor agent or other militarized user of the Properly shell use, generate, manufacture, slate, treat, dispose of or release any <br />Hamrdius Substance on, Under, about or from the Property; and tb) any such activity shalt be conducted In compliance with all applicable <br />real dean and Ideal laws, momiallons and ordinances, including without limitation all Environmental Laws. Trustier authorlol Lender and <br />�.. ____r. ,_ ....... ,tie .....e.w b. ri avb incnurlinm and tes5. at Trustor's expense, as Lender may deem appropriate 1s, <br />determine compliance of the Property with this section Ot me Lake of lust. Any msprcoons or Move n.xoe uy wnua. sac.. oa 1.+.._. T_x <br />purposes only and shall not be construed to create any responsibility or liability on the pad Of Lender to Tension or to any other person. The <br />represenletions and warranties contained haven are based on Trusters due diligence in investigating the Property for r amour <br />Substances. Truslor hereby (1) releases and wakes any future claims against Lender for indemnity 7 contribution In the event Truslor <br />becomes liable for cleanup of other costs under any such laws: and (2) agrees to Indemnify and hold harmless Lender against any and all <br />ms, losses, bebetiod, damages, paneled, and expenses which Lender may directly Or lnatreclly sustain or suffer redlining from a breach <br />of (this section of the Deed of Trust or as a consequence Of any use, genennow, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustees ownership Or Interest In the Property, whether or not the some was Or should have been known to Truslor. <br />The pmvlslons Of section of Deed of Trust, including the obligation to naturally, shall survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the lien of this Deed Of Trust and shall not be affected by Lender's acquisition of any inlmest In the <br />PropeM, whether by foreclosure or otherwise. <br />Nuisance, Waste. Truslor shall not cause, conduct Or permit any nuisance nor commit, permit, or suffer any stripping of or waste On Or to <br />the Property or any portion of the Properly. Without limiting the generality of the Foregoing, Truslor will not remove, or grant to any other <br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soli, gravel or rock products without Lender's prior <br />N <br />Coll <br />La <br />-�i <br />ro <br />O <br />• s <br />