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1a <br />Cn <br />= <br />m ,iu,' o o m <br />n r.e 1� -, o <br />rm <br />c, <br />f,1 <br />e <br />o <br />3 <br />C <br />J <br />i <br />w JV <br />4 7 <br />N <br />WHEN RECORDED MAIL TO: 200214471 <br />United Nebraska Bank <br />Grand Island Office <br />PO Box 6018 FOR RECORDER'S USE ONLY <br />tl 1 tl NE 68&02 <br />DEED OF TRUST <br />`a <br />THIS DEED OF TRUST is dated December 26, 2002, among Dan L Haussler and Alicia M Haussler, Husband <br />and Wife, whose address is 2021 Faidley AV, Grand Island, NE 68803; ( "Truslor "); United Nebraska Bank, <br />whose address is Grand Island Office, PO Box 6018, Grand Island, NE 68802 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiary"); and United Nebraska Bank , whose address is 700 N. Webb, <br />Grand Island, NE 68802 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truntar conveys to Trustee In trust, WITH POWER OF SALE, for tae benefft of <br />Trustor's right, true and interest In and to the following described real properly, together with all existing or <br />Lender as Beneficiary, all of <br />subsequently erected or affixed buildings, improvements and fl.h.s.; 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 including <br />"Real In Hall County, State Of <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the Property') located <br />Nebraska: <br />Parcel 1: Lot Six (6), Block Five (5), Gladstone Place, in the City of Grand Island, Hall County, Nebraska, <br />excepting therefrom a certain tract of land more particularly described as: Beginning at the Southwest <br />corner of Lot Six (6), Block Five (5), Gladstone Place, thence running East on the South Line of said Lot <br />Six (6) a distance of 16.92 feet; thence running westerly on the arc of a circle a distance of 22.89 feet to <br />a point on the West line of said lot Six (6) a distance of 15.06 feet North of the Southwest Corner of <br />said Lot Six (6), said are being a segment of a circle with a radius of 46 feet, the center of which lies 45 <br />feet East and 25 feet south of the Southwest Corner of Lot Five (5), Block Five (5), Gladstone Place; <br />thence running South on the West line of said Lot Six (6) a distance of 15.06 feel to the point of <br />beginning. <br />Parcel 2: Lot One (1), L & M Subdivision in the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 2910 - 2916 W Anna St and 2920 E Seedling Mile, <br />Grand Island, NE 68801. The Real Property tax identification number is 400136163 and 400105101 <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and Interest in and to all present <br />'rruslor 10 Lender a Uniform Commercial Code security <br />and future leases of the Property and all Rents from the Property. In addition, grants <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 />AND PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS (B) <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, Truster shall pay to Lender all amounts secured by this <br />timely all of Trustor's obligations under the Note, this Deed of Trust, <br />Deed of Trust Be they became due, and shall simony and in a manner perform <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truslor agrees that Truster's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain In possession and control of the Properly; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />only to Maintain. Truster shall maintain the Properly in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Truslor represents and warrants to Lender that; (1) During the period of Truster's ownership of <br />treatment, disposal, release or threatened release of any Hazardous <br />the Property, there has been no use, generation, manufacture, storage, <br />Substance by any person on, under, about or from the Property; (2) Truster has r knowledge of, or reason to believe that there has base, <br />except as prevousiy disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />threatened release of any Hazardous Substance on, under, about or <br />LBO, generation, manufacture, storage, treatment, disposal, release 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 />to by Lender in writing, (a) neither Truster nor <br />parson relating to such matters; and (3) Except as previously disclosed and acknowledged <br />any tenant, contractor, agent or other authorized Lear of the Property shall use, generate, manufacture, store, treat, dispose of or release any <br />such activity shall be conducted in compliance with all applicable <br />Hazardous Substance on, under, about or from the Property; and (b) any <br />federal, stale, and local laws, regulations and ordinances, including without limitation ell Environmental Laws. Lender to ad Bonzes Lender eate to <br />appropriate <br />its agent. to enter upon the Property to make such inspections and lasts, at (aster's expense, y <br />the Property with this section of the Dead of Trust. Any inspections or tests mad. by Lender shall be for Lender's <br />determine compliance of <br />purposes only and shall not be construed to create any responsibility or liability an the part of Lender to Trustai or to any other person. The <br />Trusters due diligence in investigating the Property for Hazardous <br />representations and warranties contained herein are based on <br />Claims <br />L <br />becomes liable forlcleanup or other clods under any suchnlaws'uand agrees Ia indemnity and hold harmless antler against any and of <br />Lender may directly or Indirectly sustain or suffer resulting from a breech <br />claims, lasses, liabilities, damages, penalties, and expenses which <br />of this section of the Deed of Trust or as a consequence of any use, generation. manufacture, storage disposal, release or threatened <br />the was or should have been known to Truster. <br />release occurring prior to Trustees ownership or Interest in the Property, whether or not same <br />The provisions of this section of the Used of Trust, including the obligation to indemnity , shall survive the payment of the Indebtedness and <br />be by Lender's acquisition of any interest in the <br />the satisfaction and reconveyence of the lien of this Dead of Trust and shall not affected <br />