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N � <br />cn �� <br />Lfl <br />N - <br />rrrn� <br />n <br />rn <br />n <br />X <br />M <br />n <br />c <br />n CA <br />n n <br />=n <br />M CA <br />0 <br />O <br />C fi <br />N <br />CD <br />Cwt i <br />C�:) -� <br />__r <br />co <br />D <br />Ci0 <br />N r-* <br />Z <br />° <br />Ret. Env. tea► L re-t_ -- <br />200504982 <br />WHEN RECORDED MAIL TO: <br />Cornerstone Bank N.A. <br />Central City Facility <br />1631 16th Street <br />Central City, NE 68826 _ ___ FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 19, 2005, among David J. Janovec and Laurie A. Janovec; Husband and <br />Wife ( "Trustor "); Cornerstone Bank N.A., whose address is Central City Facility, 1631 16th Street, Central <br />City, NE 68826 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and <br />CORNERSTONE BANK N.A., whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below <br />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 as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall <br />County, State of Nebraska: <br />A tract of land comprising of the North Forty -eight (48) feet of Lot Six (6) and part of the North Forty -eight <br />(48) feet of Lots Seven (7) and Eight (8), all in Block Eight (8) of Wiebe's Addition to the City of Grand <br />Island, Hall County, Nebraska, more particularly described as follows: Beginning at the northwesterly <br />center of Lot Six (6); thence running southeasterly along the southwesterly line of said Lot Six (6) a <br />distance of forty -eight (48) feet; thence running northeasterly parallel to the northwesterly line of said Lots <br />6,7 and 8 a distance of one hundred twenty seven and sixty -seven hundredths (127.67) feet to a point <br />that is ten (10) feet westerly (measured perpendicularly) from the back of curb of paving on ( Locust Street; <br />thence running northerly parallel to said curb a distance of fifty -five and fifty -five hundreadths (55.55) feet <br />to a point on the northwesterly line of said Lot 8; thence running southwesterly along the northwesterly <br />line of said Lots 8,7 and 6 a distance of one hundred fifty -three and eighty -four hundreadths (153.84) feet <br />to the point of beginning. <br />AND <br />The Northerly Fifty -four (54) feet of Lot Five (5) in Block Eight (8) of Wiebe's Addition to the City of Grand <br />Island, Hall County, Nebraska. <br />AND <br />The Southerly Seventy -eight (78) feet of Lots Five (5), Six (6), Seven (7) and Eight (8), in Block Eight (8) of <br />Wiebe's Addition to the City of Grand Island, Hall County, Nebraska, excepting a certain tract to the City of <br />Grand Island as shown in Return of Appraisers recorded in Book 22, Page 9. <br />The Real Property or its address is commonly known as 644 South Locust, Grand Island, NE 68801. The <br />Real Property tax identification number is 400139065; 400139081; 400139103 <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of 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, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the <br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon. <br />Trustor 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 <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security 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 <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />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; <br />(2) 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 />cJ� <br />U' <br />'2,7> <br />�', <br />C> -4 <br />M <br />r TI CD <br />S} <br />cr> <br />C fi <br />N <br />CD <br />Cwt i <br />C�:) -� <br />__r <br />co <br />D <br />Ci0 <br />N r-* <br />Z <br />° <br />Ret. Env. tea► L re-t_ -- <br />200504982 <br />WHEN RECORDED MAIL TO: <br />Cornerstone Bank N.A. <br />Central City Facility <br />1631 16th Street <br />Central City, NE 68826 _ ___ FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 19, 2005, among David J. Janovec and Laurie A. Janovec; Husband and <br />Wife ( "Trustor "); Cornerstone Bank N.A., whose address is Central City Facility, 1631 16th Street, Central <br />City, NE 68826 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and <br />CORNERSTONE BANK N.A., whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below <br />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 as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall <br />County, State of Nebraska: <br />A tract of land comprising of the North Forty -eight (48) feet of Lot Six (6) and part of the North Forty -eight <br />(48) feet of Lots Seven (7) and Eight (8), all in Block Eight (8) of Wiebe's Addition to the City of Grand <br />Island, Hall County, Nebraska, more particularly described as follows: Beginning at the northwesterly <br />center of Lot Six (6); thence running southeasterly along the southwesterly line of said Lot Six (6) a <br />distance of forty -eight (48) feet; thence running northeasterly parallel to the northwesterly line of said Lots <br />6,7 and 8 a distance of one hundred twenty seven and sixty -seven hundredths (127.67) feet to a point <br />that is ten (10) feet westerly (measured perpendicularly) from the back of curb of paving on ( Locust Street; <br />thence running northerly parallel to said curb a distance of fifty -five and fifty -five hundreadths (55.55) feet <br />to a point on the northwesterly line of said Lot 8; thence running southwesterly along the northwesterly <br />line of said Lots 8,7 and 6 a distance of one hundred fifty -three and eighty -four hundreadths (153.84) feet <br />to the point of beginning. <br />AND <br />The Northerly Fifty -four (54) feet of Lot Five (5) in Block Eight (8) of Wiebe's Addition to the City of Grand <br />Island, Hall County, Nebraska. <br />AND <br />The Southerly Seventy -eight (78) feet of Lots Five (5), Six (6), Seven (7) and Eight (8), in Block Eight (8) of <br />Wiebe's Addition to the City of Grand Island, Hall County, Nebraska, excepting a certain tract to the City of <br />Grand Island as shown in Return of Appraisers recorded in Book 22, Page 9. <br />The Real Property or its address is commonly known as 644 South Locust, Grand Island, NE 68801. The <br />Real Property tax identification number is 400139065; 400139081; 400139103 <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of 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, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the <br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon. <br />Trustor 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 <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security 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 <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />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; <br />(2) 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 />cJ� <br />