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erl <br />�C <br />ri <br />I <br />I <br />{ <br />(l (l <br />yro <br />r .o <br />n <br />r <br />i 0 <br />:v <br />w <br />N <br />N <br />f.p <br />[i <br />t1. <br />fl <br />WHEN RECORDED MAIL TO: C <br />Formers State Bank <br />2nd and Vine <br />P. 0. Box 2.is <br />St on Creek NE 68563-0246 FOR RErnonrq a USE ONLY <br />DEED OF TRUST <br />(MAXIMUM LIEN. The lien of this Deed of Trust shali not exceed at any one time $108,446.00. <br />c'. <br />THIS DEED OF TRUST is dated August 22, 2002, among Mauricio Garcia, whose address is 1203 East 5th <br />Sheet, Grand Island, NE 68801; a single person (" Truster" ); Farmers Stale Bank, whose address is 2nd and <br />Vine, P. 0. Box 246, Sliver Creek, NE 68663 -0246 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary "); and Farmers State Bank, whose address is P. 0. Box 246, Silver Creek, NE <br />60663 -0246 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Theater Conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Lender, as aenerlclery, all of Trustor's right, title, and intersai in and to the following oescdbed real property, together with all all or <br />subsequontbi erccicd or affixed buildings, tntprovements and fe,mill all easements, rights of way, and appudanances; all water, water rights and <br />iiiii rights including stock in utllltips with ditch or imgation rights)� and all other rights, royalties, and profits relating to tiro real properly, includfn. <br />-,iF oil rm,faoan all ainua ls, do, gas, Doolhmmal and slmimr matters, (the "Real Property') located in Hall County, State o� <br />We�I aska: <br />Lot Five (5), ill Block Eleven (11), in Evans Addition to the City of Grand Island, Hall County, Nebraska <br />The heal Property or its address is commonly known as 1203 East 5th Street, Grand Island, NE 68801. <br />CROSS— COLLATEHALIZATION. In addition to tho Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Truster in Lender, or any one or more of them, as wall as all claims by Lentler against Truster or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated In the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />iudlruct, dalonnined or urAolormhhed, absolute or corinvont, liquidated or unllquidaled whomor Truster may be liable individually or jointly with <br />oil en, ,'•,I ,,Iht)r obligated as gunimer, Sumly, aqc inir atlmh party or othumiso, and whothar recovery upon such amounts may be or hereahor <br />may hanprtlp omrec by any Ytafula of mutations, antl whether the obligation to ropay such amounts may be or hereafter may become otherwise <br />e,:enfercaaolo. <br />FIJI IrIE ADVANCES. Spacitcally, without I,mllallon, this Deed of Trust Socuroh, in addition to the amounts specified In the Nate, all fuWre <br />.ono)ur:I anohrin as discratian may loan to ImoIl together with all Interest Incrust, <br />; isslor pruseMy assgns to Lander barb known oa Banohohry In Ihls Card o, Trust) all of Trusters right, title, and interest in and to all present <br />.oid tutus halos of the Pull antl Lill Rants front the Property. In addition, Trustor grunts to Lender a Uniform Cornmereiel Code addenty <br />intorvsl In tho Personal Properly end Runt. <br />TIAS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTtl, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (5) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNLIEIn THE NOTE, THE RELATED UOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />,oYri NT AND PERFORMANCE. Except as cawwaa provided in this Land of Trust, Truslor shell Pay to Lender all amounts secured by this <br />Uvr, . at Trust as Ihey become due, and shall strictly and a a lintel, manner perform sit of Truster 's ab6gatl0ns ender the Note, this Deed of Trust, <br />to d lh;; :ic:atcd Documents. <br />tSEfON AND MAINTENANCE OF THE PROPERTY. Tru Trw <br />slor agrees Vial tor's possession and use or the Property shalt be governed <br />by Ih c'o,bwin;t provisions'. <br />�. °.:on and Use. Until tiro accurrence of an Event of Dodulf. Truslor may (1) nation in possession and control of the Propody; (2) <br />u.,_ co,rafn or manrgo rho Property; and (3) collect the heals Yom the Property. <br />Duty to Malnter. Truslor shall maintain the Property In good concilar and promptly perform all thermal, replacements. and maintenance <br />LBaaS9aly to pre,.,Q h5 Vah,a. <br />Compliance With Environmental Laws. Truslor ropresonis and warrants to Lentler that: (1) During the period of Trustons ownership of <br />file Properly, there has bean no uso, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />Substance by any person on, under, about or from the Property; (2) Truslor has no knowledge of, or reason to believe that there has been, <br />r•krupl us pmv,ously darlosed to and acknowledged by Lander In writing, (a) any branch or violation of any Environmental Laws, 0) any <br />ux, 9ensralian, her ,iji rp, storage, Prurient, disposal, aleaso or threatened relesso of any Hazardous Substance in aide, about or <br />non, the it oprb Ly any prior owners or occupana of on Properly, or (c) any aeluat or threatened libriallon ar claims of any Kind by any <br />Poa.cn relulmg to such nhaterai and (3) Except as pim7ausly disclosed to and acknowledged by Lender In wriling, (a) norther Truslor nor <br />a ^y londai, contmclm, agent or other authonzod user of Ire Properly shall use, generate, manufacture, slam, treat, dispose of or release any <br />i -man deal Substance on, undeh, about or born Iho, Pwpo,Iy, antl (b) any Such activity shall be conducted in compliance with all applicable <br />Ih( 1, 'es, and local laws, aagolaaone tad oribrances, including wahout hm.union all Eavlreara l Laws. Luslor ammonites Lender and <br />IL agarta to enter upon rho Propody to raala such inspections and tests, at Tru,lar's expose, es Lender may deem appropriate to <br />n comblunca of the Properly with thin section of to Deed of TruS1. Any inspections or tests made by Lender shall be for Lender's <br />{,arFose; cnly antl v'hall not be conslruod to nr,n, any aesponsitorly or tianday an the part of Lender to Truslor or to any other person. The <br />_,o!,F'rj, ann t 'bolt ..W ad he.''h 11 ,.ashtl Or, Issue rice di,gence in Investigating file Properly for Hauardow <br />c , . t r rorcoy ii, nalo,,rl antl y' l - _ y i are lalms against Lender for indantnity or Contribution to rie event Tiustor <br />r u thick for c eanup or char costs under any sncti laws and (2) agroes to Indemnify and hold harmless Lander against any and Fit <br />'r"ife" damages, pit hies, a d expenshs which Loodeh nay directly or Indlreclly sustain or suffer resulting from a broach <br />of Ifia socrji of the Deed of Trust or as a consequOhcc of any use, Bencraa rl manufacture, samSe, disposal, release or threatened <br />r.o e c,_,, J u, to rriloor s co mrchip or rolurusl in the °rcperry, whether or not Pro some was or should have been known to I rector. <br />I no provision, of rjps ;cct on of the Data of Trist, including Ito ob1 ghl on to inhumanly, shall survive the payment of the Indeblednasti and <br />In ^_ satisfaction and recanvcyanco of 'no Ilan of Itas Deed of Trust and Shari not be affected by Lender's acquisition of any Interest to the <br />Property, wLalher by foreclosure or elhenvlso- <br />