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THIS DEED OF TRUST is dated October 18, 2002, among Lyrics Rerucha and Debbie L. Rerucha; HUSBAND <br />AND WIFE ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand <br />Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); 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 consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Lender es Beneficiary, all of Trusters right, title, and interest In and to the following described real property, together with all existing or <br />subsequently arected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stack In utilities with ditch or irrigation rights); and all other rights royalties, and profits relating to the real property includingg <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located In HALL County, State oT <br />Nebraska: <br />THE EAST ONE HALF (E1/2) OF LOT TEN (10), IN BLOCK FIVE (5), IN PACKER AND BARR'S ADDITION <br />TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 2114 WEST 5TH, GRAND ISLAND, NE 68801. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Trustor's right, title, and interest in and to all present <br />and future 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 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. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Dead of Trust and to hypothecate the Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and <br />do not result 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 (a) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency' law, or any other law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or complelion of any foreclosure action, either judicially or by exercise of a power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by <br />this Dead of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective 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 Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trusters ownership of <br />the Property, 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 ham the Property; (2) Trustor 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 Environmental Laws, (b) any <br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or <br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any <br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) 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 (r) 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 inspections and tests, at Trustor's expense, as Lender may deem appropriate to <br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shell be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The <br />representations and warranties contained herein are based on Trustor's due diligence In investigating the Property for Hazardous <br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or conMbullon In the event Trustor <br />becomes liable for cleanup or other cosh under any such laws; and (2) agrees to Indemnify and hold harmless Lender against any and all <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustor's ownership or interest In the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Deed of Trust, Including the obligation to indemnity, shell survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the lien of this Dead of Trust and shall not be affected by Lenders acquisition of any Interest in the <br />Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to <br />n <br />n1 <br />AT <br />IT <br />C <br />X � <br />r <br />n <br />Z= <br />Pe <br />C <br />N <br />O y <br />o co <br />IT, <br />> <br />iYi <br />ty� <br />n <br />m <br />Ll <br />v Q <br />ro <br />ro <br />r <br />s <br />� <br />�Fa <br />fV <br />0) <br />CD O <br />N <br />WHEN RECORDED MAIL TO: <br />200211289 <br />United Nebraska Bank <br />Grand Island Office <br />PO Box 8018 <br />Grand Island, NE 68802 <br />FOR <br />RECORDER'S USE <br />ONLY <br />DEED OF TRUST <br />s 0 <br />THIS DEED OF TRUST is dated October 18, 2002, among Lyrics Rerucha and Debbie L. Rerucha; HUSBAND <br />AND WIFE ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand <br />Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); 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 consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Lender es Beneficiary, all of Trusters right, title, and interest In and to the following described real property, together with all existing or <br />subsequently arected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stack In utilities with ditch or irrigation rights); and all other rights royalties, and profits relating to the real property includingg <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located In HALL County, State oT <br />Nebraska: <br />THE EAST ONE HALF (E1/2) OF LOT TEN (10), IN BLOCK FIVE (5), IN PACKER AND BARR'S ADDITION <br />TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 2114 WEST 5TH, GRAND ISLAND, NE 68801. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Trustor's right, title, and interest in and to all present <br />and future 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 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. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Dead of Trust and to hypothecate the Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and <br />do not result 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 (a) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency' law, or any other law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or complelion of any foreclosure action, either judicially or by exercise of a power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by <br />this Dead of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective 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 Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trusters ownership of <br />the Property, 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 ham the Property; (2) Trustor 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 Environmental Laws, (b) any <br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or <br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any <br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) 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 (r) 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 inspections and tests, at Trustor's expense, as Lender may deem appropriate to <br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shell be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The <br />representations and warranties contained herein are based on Trustor's due diligence In investigating the Property for Hazardous <br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or conMbullon In the event Trustor <br />becomes liable for cleanup or other cosh under any such laws; and (2) agrees to Indemnify and hold harmless Lender against any and all <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release occurring prior to Trustor's ownership or interest In the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Deed of Trust, Including the obligation to indemnity, shell survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the lien of this Dead of Trust and shall not be affected by Lenders acquisition of any Interest in the <br />Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to <br />