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<br />WHEN RECORDED MAIL TO:
<br />Farmers State Bank
<br />2nd and Vine
<br />P' 0' Box 245
<br />Silver Cr .k NF CBG63 -024G FOFl RF[ ORUER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $123,200.00.
<br />W
<br />THIS DEED OF TRUST is dated September 24, 2002, among Felipe Cabrales, whose address Is 1221 East
<br />9th Street, Grand Island, NE 68801 and Maria E. Cabrales, whose address is 1221 East 9th Street, Grand
<br />Island, NE 68801; husband and wife as joint debtors ( "Trustor "); Farmers State Bank, whose address Is 2nd
<br />and Vine, P. 0. Box 246, Silver 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 />68663 -0246 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trus'ce In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Truslor's right, title, and interest in and to '.he following described real property, together with all existing or
<br />subsequently erected or e.ffired buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities with witch or irrigation rights); and all other rights, royalties, and orofils relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, State Of
<br />Nebraska:
<br />Lot One (1), Block Th;,ty -Two (32), John W. Lambert's Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or its address is commonly known as 1221 East 9th Street, Grand Island, NE 68801.
<br />CROSS- COLLATERAI. IZATION. In addition to the Note, this Deed of Trust securer, all obligations, debts and liabilities, plus Interest thereon, of
<br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not duo, direct or
<br />Indirect, determined or undalormined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or Jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />nnenforcorlb4,.
<br />FUTURF P:1'.ANCES. Specific,,, y, vAlhout limitation, Ih;s Deed of TrUSi rcures, in ad tihon to the amounts specified In the Note, all futuro
<br />amounts Lunoer in its discretion Inay loan to Trustor, logcthor with all interest thereon.
<br />Trustor present!y assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's rght, title, and interest in and to all present
<br />and future leases of the Property and all Rants from the Properly. In addition, Trustor grants to Lender a Uniform Commercial Code securi :y
<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 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this
<br />Deed of Trust as thuy become due, and shall strictly end in a tunely manner perform all of Truslor's obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truslor's possession and use of fire Prooerty shall be governed
<br />by the following provisions:
<br />Possession and Use. Until ilia occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Properly; (2)
<br />use, operate or manage the Properly; and (3) collect the Rents from the Property.
<br />Duty to Mainhaln. Trustor shall maudam Inc. Piopeily in good condition and promptly perform all repairs, replacemunfs, and mamlonance
<br />necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to LO-Jar that: (t) During the period of ownership of
<br />the Proporly, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Proporly; (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Londe' in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, goneration, rnanulacturo, storage, treatment, disposal, release or Ihroalenod release of any Hazardous Substance on, under, about or
<br />from the Properly by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kmd by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (e) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspoctions and tests, at Truslor's expense, as Lender (nay doom appropriate to
<br />determine --omplianca of the Property with this section of the Dead of Trust. Any Inspections or tests made by Lender shall be for Londor's
<br />purpesos only and shall not be construed to create any responsibilily or liability on the part of Lender to Trustor or to any othur person. The
<br />epresenlafons and warrantios sonlainod heroin are based on Truslor's duo diligence In investigating the Property for Hazardous
<br />Subslancas. Trustor hareby (1) roleasus and waives any futuro claims against Lender for indemnity or contribution in the event Trustor
<br />brcomos liable for cleanup or other Costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all
<br />clamor,, losses, kabil bos, damages, penalties, and exponsns which Lender may directly or Indirectly sustain or suffor resulting from a broach
<br />of Ihis suction of the Doed of Trust or as a consequence of any Use, gonerallerr, manufacture, storage, disposal, ru'unso or throalonod
<br />ruloase cccurrinq prior to Truslor's ownership or interest in the Properly, whalhor or not the sumo was or should have boon known to Trustor.
<br />The prus.s.en; of this section of the Rued of Trvsl, inclurng thu obfq;ahon to indommfy, shall survive lire payment rf the Indabtednors and
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<br />WHEN RECORDED MAIL TO:
<br />Farmers State Bank
<br />2nd and Vine
<br />P' 0' Box 245
<br />Silver Cr .k NF CBG63 -024G FOFl RF[ ORUER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $123,200.00.
<br />W
<br />THIS DEED OF TRUST is dated September 24, 2002, among Felipe Cabrales, whose address Is 1221 East
<br />9th Street, Grand Island, NE 68801 and Maria E. Cabrales, whose address is 1221 East 9th Street, Grand
<br />Island, NE 68801; husband and wife as joint debtors ( "Trustor "); Farmers State Bank, whose address Is 2nd
<br />and Vine, P. 0. Box 246, Silver 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 />68663 -0246 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trus'ce In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Truslor's right, title, and interest in and to '.he following described real property, together with all existing or
<br />subsequently erected or e.ffired buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities with witch or irrigation rights); and all other rights, royalties, and orofils relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, State Of
<br />Nebraska:
<br />Lot One (1), Block Th;,ty -Two (32), John W. Lambert's Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or its address is commonly known as 1221 East 9th Street, Grand Island, NE 68801.
<br />CROSS- COLLATERAI. IZATION. In addition to the Note, this Deed of Trust securer, all obligations, debts and liabilities, plus Interest thereon, of
<br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not duo, direct or
<br />Indirect, determined or undalormined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or Jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />nnenforcorlb4,.
<br />FUTURF P:1'.ANCES. Specific,,, y, vAlhout limitation, Ih;s Deed of TrUSi rcures, in ad tihon to the amounts specified In the Note, all futuro
<br />amounts Lunoer in its discretion Inay loan to Trustor, logcthor with all interest thereon.
<br />Trustor present!y assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's rght, title, and interest in and to all present
<br />and future leases of the Property and all Rants from the Properly. In addition, Trustor grants to Lender a Uniform Commercial Code securi :y
<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 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this
<br />Deed of Trust as thuy become due, and shall strictly end in a tunely manner perform all of Truslor's obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truslor's possession and use of fire Prooerty shall be governed
<br />by the following provisions:
<br />Possession and Use. Until ilia occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Properly; (2)
<br />use, operate or manage the Properly; and (3) collect the Rents from the Property.
<br />Duty to Mainhaln. Trustor shall maudam Inc. Piopeily in good condition and promptly perform all repairs, replacemunfs, and mamlonance
<br />necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to LO-Jar that: (t) During the period of ownership of
<br />the Proporly, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Proporly; (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Londe' in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, goneration, rnanulacturo, storage, treatment, disposal, release or Ihroalenod release of any Hazardous Substance on, under, about or
<br />from the Properly by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kmd by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (e) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspoctions and tests, at Truslor's expense, as Lender (nay doom appropriate to
<br />determine --omplianca of the Property with this section of the Dead of Trust. Any Inspections or tests made by Lender shall be for Londor's
<br />purpesos only and shall not be construed to create any responsibilily or liability on the part of Lender to Trustor or to any othur person. The
<br />epresenlafons and warrantios sonlainod heroin are based on Truslor's duo diligence In investigating the Property for Hazardous
<br />Subslancas. Trustor hareby (1) roleasus and waives any futuro claims against Lender for indemnity or contribution in the event Trustor
<br />brcomos liable for cleanup or other Costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all
<br />clamor,, losses, kabil bos, damages, penalties, and exponsns which Lender may directly or Indirectly sustain or suffor resulting from a broach
<br />of Ihis suction of the Doed of Trust or as a consequence of any Use, gonerallerr, manufacture, storage, disposal, ru'unso or throalonod
<br />ruloase cccurrinq prior to Truslor's ownership or interest in the Properly, whalhor or not the sumo was or should have boon known to Trustor.
<br />The prus.s.en; of this section of the Rued of Trvsl, inclurng thu obfq;ahon to indommfy, shall survive lire payment rf the Indabtednors and
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