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<br />WHEN RECORDED MAIL TO: N :
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<br />Bank of Clarks O
<br />301 N. Green
<br />P.O. Box 125
<br />Clarks NE 68628-0125 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $100,000.00.
<br />THIS DEED OF TRUST is dated November 27, 2002, among Jose L. Morales, as husband and debtor, whose
<br />address is 915 West 5th Street, Grand Island, NE 68801 and Carla I. Morales, as wife, whose address is
<br />915 West 5th Street, Grand Island, NE 68801 ( "Trustor "); Bank of Clarks, whose address is 301 N. Green,
<br />P.O. Box 125, Clarks, NE 68628 -0125 (referred to below sometimes as "Lender" and sometimes as
<br />"Benefictary "); and Bank of Clarks, whose address Is 301 N. Green, P.O. Box 125, Clarks, NE 68628 -0125
<br />(referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. Far valuable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Tres or's right, title, antl interest In end to the following de, read Lodi property, together witn all exlstiny or
<br />suhan,e .fly erected or alflxed burning,, improvements and fixtures; all eosi nvanis, rights of w',, add appurtenances: all water, water rights and
<br />c'ej, rights (including stock in unit with ditch or inflation rights); and all other r tits, royalty., at )d proem relating to the realyyrnpony, Including
<br />e-imout limitation all minerals, oil, ga9 . gootherinal and similar metiers, (the "Heal Properly ") located In Hall Geunty, State of
<br />Nebraska:
<br />Lot Four (4), Block Fifteen (15), Rollins Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or Its address is commonly known as 915 West 5th Street, Grand Island, NE 68801.
<br />FUTURE ADVANCES. Specltical y wllhoul locradens, ml, Dead of Treat secwes, In addle— In the aandich a specified in the Note . all luture
<br />,roams Lender In Its discretion may kwn Io Bormw.a, together ohn all i,it ... At Trance: a-hate, In no event Snell s.on future advances
<br />mxaluwny Intorese exceed In the a itircgAte sicsu,(IW Og.
<br />,ister presently assigns m Lender false known as Rurtefever, is this Deed of Tmap all Of l :snots light, the end Interest In antl to ell present
<br />antl luture leases of the Property and all (tents over the Property. In addition Trustor yrank te, Lentler a uniform Continuator Cade ,eclar,
<br />bterest In the Personal Pierian And Hants.
<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 />I RUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor overhaul that (a) this Derv, of bust is executed at Rorrawar's request and not
<br />A the request of Lender', (b) Trustor has the full power, right, and authority to enter Into this 0nrd of Trust and to hypoTeoate the Property, (c)
<br />the prearsA e, of this Dead of TmG do not oo..trat win, or result In a default under any agreomcat or other instrument binding upon Trustor and
<br />de not result In A vrolafion of any I— regulation, court decree or ostler applicable to Treace .d) Th ator has establishW adequate means of
<br />"Loading fluid Borrows on A coat! wing basis itineration about Borrower's financial condition. and (e) Lender hen trade no representation to
<br />I i nation Albert Bassior (including `nalght instance the oreditwonhllte„ of Reaction)
<br />I RUSTOR'S WAIVERS. Trusts le, all rights at defenses arising by reason of Any '01 a salon" or anti deficiency' law, or any other law
<br />which may prevent Lender from In tgh any action against Terms, including a dead far dapot it, y to nee tent Lender Is then s, enthrid to e
<br />!aim for deficiany, before or afar Lenders commencement Or completion of any foreclosure:. -non, ether )udiclar, or by oxov se of A (xtwer of
<br />"-
<br />PAYMENT AND PERFORMANCE Except as Ohorwim PmVld9tl m this Deotl of Trust, Berm,., , Anill pay to Lender all Indebtedness sonoed by
<br />:his Deed of Trust as it becomes dye, anal Refewe, and Trustor shall stoutly pcderm all their n.c[ eder, obligation, under the Note, tsis Decd of
<br />Trust, end [tie Related Dacum.nis.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree in., tormwar'e and Trustor, possession and use of the
<br />,:,,an, shall be. .... ad by the f , lh,,,q nn)yhi -rl,'
<br />Possession and Use. Unti m0 11 iflnce of an Event orUefault, Trustor may it) r,, i., in posadisash and control of the Property, (2)
<br />c,, operate or menage the Property : and (3) rolled the Fail from me Pmpany.
<br />Duty to Maintain. IIusmr shall mina :n the Property in good condition and promptly 1 dorm all repairs, replacements, and main -name.
<br />,,,b -..ry to pr.,erva its vafo_.
<br />Compliance With Environmental Laws. Truster represents and warrants to Lender ford (1) During me period of hunter's ownership of
<br />the PropeM, there has been no use generation, manutacture, storage, treatment, despots I mlmer, or threatened release at any H.2ardOas
<br />Substance by any person on. under :.hour or from me Property, (2) Tru,mr has he killm ,igr of, or reason to believe, that there has been
<br />except m previously dl,aosed to aua ackeneducged by Lender in wdttng, (a) any breach of violation of any Enorshatettal laws, (h) any
<br />use, generation, reanufachat, ,tot aye troablild dkpoaal, release or I any Hazardous Substance on under dr mt or
<br />from the Property by any print owners or occupants of the Property, or (e) any acmel it r greatest litigation Or rlalms of any kind by any
<br />arson relating 1. such matters, no 131 Except as previously disclosed to antl acknowl -ripad by Lender ,, writing, (a) neither Trustor nor
<br />any tenant , contractor eyenl ni ninth mnhoriz.d user of rho Property ,ball use, ganeram, :i•artufactras, aide, front, dopes- of or Lelees. any
<br />Hazardous Substance on un about or from the Property; and he any such activity shell be conducted in compliance with all applicable
<br />federal, state, and local laws -y. r tons antl ordinances, coluding witlwut limitation all t it, -,vas sal Laws. Truster author',.,, Lander and
<br />its agents to enter upon the Pr pry to mace such irspeet'ions and tests. at Truski expanse, as Lender they doom appropriate tc
<br />date er tie compliance of Me f ropeny vi th this section of the Dead of Trust. Any lars"trin, ar tests made by Lender shall o for I Fdal .
<br />papaws only and shall not se b. hnrmd to create any rospernst6ilay, or handily on the part a Lander to Trustor or to any other person. The
<br />spriessentatioris and warrants entrained herein are based or Trusters cam drdigi in iaveS,,tiny the Pisgah, to Hazardous
<br />6ubsurs,.c Trustor hereby (11 aeon and waives any fur claims against Led r Linde ly contribute tf' ant Thuner
<br />broomes liable lo, cleanup o iher 'ts Anne, any seen laws; and (2) agrees to rider rI, and hold harmless Lender Against any and all
<br />claims, fosses, IAb lio,, dam-grs, peneltles, and expons.s which Lentler may directly ce unkectly sustain or suffer result turn A bre.rih
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<br />WHEN RECORDED MAIL TO: N :
<br />PIZ
<br />Bank of Clarks O
<br />301 N. Green
<br />P.O. Box 125
<br />Clarks NE 68628-0125 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $100,000.00.
<br />THIS DEED OF TRUST is dated November 27, 2002, among Jose L. Morales, as husband and debtor, whose
<br />address is 915 West 5th Street, Grand Island, NE 68801 and Carla I. Morales, as wife, whose address is
<br />915 West 5th Street, Grand Island, NE 68801 ( "Trustor "); Bank of Clarks, whose address is 301 N. Green,
<br />P.O. Box 125, Clarks, NE 68628 -0125 (referred to below sometimes as "Lender" and sometimes as
<br />"Benefictary "); and Bank of Clarks, whose address Is 301 N. Green, P.O. Box 125, Clarks, NE 68628 -0125
<br />(referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. Far valuable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Tres or's right, title, antl interest In end to the following de, read Lodi property, together witn all exlstiny or
<br />suhan,e .fly erected or alflxed burning,, improvements and fixtures; all eosi nvanis, rights of w',, add appurtenances: all water, water rights and
<br />c'ej, rights (including stock in unit with ditch or inflation rights); and all other r tits, royalty., at )d proem relating to the realyyrnpony, Including
<br />e-imout limitation all minerals, oil, ga9 . gootherinal and similar metiers, (the "Heal Properly ") located In Hall Geunty, State of
<br />Nebraska:
<br />Lot Four (4), Block Fifteen (15), Rollins Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or Its address is commonly known as 915 West 5th Street, Grand Island, NE 68801.
<br />FUTURE ADVANCES. Specltical y wllhoul locradens, ml, Dead of Treat secwes, In addle— In the aandich a specified in the Note . all luture
<br />,roams Lender In Its discretion may kwn Io Bormw.a, together ohn all i,it ... At Trance: a-hate, In no event Snell s.on future advances
<br />mxaluwny Intorese exceed In the a itircgAte sicsu,(IW Og.
<br />,ister presently assigns m Lender false known as Rurtefever, is this Deed of Tmap all Of l :snots light, the end Interest In antl to ell present
<br />antl luture leases of the Property and all (tents over the Property. In addition Trustor yrank te, Lentler a uniform Continuator Cade ,eclar,
<br />bterest In the Personal Pierian And Hants.
<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 />I RUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor overhaul that (a) this Derv, of bust is executed at Rorrawar's request and not
<br />A the request of Lender', (b) Trustor has the full power, right, and authority to enter Into this 0nrd of Trust and to hypoTeoate the Property, (c)
<br />the prearsA e, of this Dead of TmG do not oo..trat win, or result In a default under any agreomcat or other instrument binding upon Trustor and
<br />de not result In A vrolafion of any I— regulation, court decree or ostler applicable to Treace .d) Th ator has establishW adequate means of
<br />"Loading fluid Borrows on A coat! wing basis itineration about Borrower's financial condition. and (e) Lender hen trade no representation to
<br />I i nation Albert Bassior (including `nalght instance the oreditwonhllte„ of Reaction)
<br />I RUSTOR'S WAIVERS. Trusts le, all rights at defenses arising by reason of Any '01 a salon" or anti deficiency' law, or any other law
<br />which may prevent Lender from In tgh any action against Terms, including a dead far dapot it, y to nee tent Lender Is then s, enthrid to e
<br />!aim for deficiany, before or afar Lenders commencement Or completion of any foreclosure:. -non, ether )udiclar, or by oxov se of A (xtwer of
<br />"-
<br />PAYMENT AND PERFORMANCE Except as Ohorwim PmVld9tl m this Deotl of Trust, Berm,., , Anill pay to Lender all Indebtedness sonoed by
<br />:his Deed of Trust as it becomes dye, anal Refewe, and Trustor shall stoutly pcderm all their n.c[ eder, obligation, under the Note, tsis Decd of
<br />Trust, end [tie Related Dacum.nis.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree in., tormwar'e and Trustor, possession and use of the
<br />,:,,an, shall be. .... ad by the f , lh,,,q nn)yhi -rl,'
<br />Possession and Use. Unti m0 11 iflnce of an Event orUefault, Trustor may it) r,, i., in posadisash and control of the Property, (2)
<br />c,, operate or menage the Property : and (3) rolled the Fail from me Pmpany.
<br />Duty to Maintain. IIusmr shall mina :n the Property in good condition and promptly 1 dorm all repairs, replacements, and main -name.
<br />,,,b -..ry to pr.,erva its vafo_.
<br />Compliance With Environmental Laws. Truster represents and warrants to Lender ford (1) During me period of hunter's ownership of
<br />the PropeM, there has been no use generation, manutacture, storage, treatment, despots I mlmer, or threatened release at any H.2ardOas
<br />Substance by any person on. under :.hour or from me Property, (2) Tru,mr has he killm ,igr of, or reason to believe, that there has been
<br />except m previously dl,aosed to aua ackeneducged by Lender in wdttng, (a) any breach of violation of any Enorshatettal laws, (h) any
<br />use, generation, reanufachat, ,tot aye troablild dkpoaal, release or I any Hazardous Substance on under dr mt or
<br />from the Property by any print owners or occupants of the Property, or (e) any acmel it r greatest litigation Or rlalms of any kind by any
<br />arson relating 1. such matters, no 131 Except as previously disclosed to antl acknowl -ripad by Lender ,, writing, (a) neither Trustor nor
<br />any tenant , contractor eyenl ni ninth mnhoriz.d user of rho Property ,ball use, ganeram, :i•artufactras, aide, front, dopes- of or Lelees. any
<br />Hazardous Substance on un about or from the Property; and he any such activity shell be conducted in compliance with all applicable
<br />federal, state, and local laws -y. r tons antl ordinances, coluding witlwut limitation all t it, -,vas sal Laws. Truster author',.,, Lander and
<br />its agents to enter upon the Pr pry to mace such irspeet'ions and tests. at Truski expanse, as Lender they doom appropriate tc
<br />date er tie compliance of Me f ropeny vi th this section of the Dead of Trust. Any lars"trin, ar tests made by Lender shall o for I Fdal .
<br />papaws only and shall not se b. hnrmd to create any rospernst6ilay, or handily on the part a Lander to Trustor or to any other person. The
<br />spriessentatioris and warrants entrained herein are based or Trusters cam drdigi in iaveS,,tiny the Pisgah, to Hazardous
<br />6ubsurs,.c Trustor hereby (11 aeon and waives any fur claims against Led r Linde ly contribute tf' ant Thuner
<br />broomes liable lo, cleanup o iher 'ts Anne, any seen laws; and (2) agrees to rider rI, and hold harmless Lender Against any and all
<br />claims, fosses, IAb lio,, dam-grs, peneltles, and expons.s which Lentler may directly ce unkectly sustain or suffer result turn A bre.rih
<br />
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