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<br /> ..---- <br /> -- <br /> G:) 1-"':> <br /> 10 2~ c::;.']I 0 U) rn 0, <br /> ~ "p'. <=:. 0 -j <br /> m C>O ~ <br /> -- ." mUl .......:::tl,. c :I> N <br /> "r"t' c: n:x :rJ "'-t:>" ::3 z -j rn <br />N ~ ';' Z = -l rn :0 0 <br />is n C ~ f"'l t"~- -<:: -< I!J <br /> % n ~~.- 0 c::> <br />is 'l-' ":. ~ ~ N <=> " <br />OJ m -.J " >- <br />is h n :z: CO <br /> :J: ,., r en <br />.f;:.. ~ :r: rn <br />CJ'1 i 0 ]:> OJ Z c::> <br /> fTl --0 <br />CJ'1 m ::3 r :::0 ~ J: <br />-....,J 3 0 r :I> <br /> V\ ifl ...... (;f) :c c...n <br /> :i N ="" C <br /> ~ l> !$: c...n <br /> :::t- rv -- ~ <br /> (1 w (Jl -.J <br /> (Jl <br /> ~ <br /> <br />WHEN RECORDED MAil TO: <br />Bank of Clarks <br />301 N. Green Street <br />P,O. Box 125 <br />Clarks, NE 68628-0125 <br /> <br />3",50 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $133;000.00. <br /> <br />THIS DEED OF TRUST is dated May 21, 2008, among Dawn M. Peard, a single person, whose address is <br /> <br />2423 South Blaine, Grand Island, NE 68801 ("Trustor"); Bank of Clarks, whose address is 301 N. Green <br /> <br />Street, P.O. Box 125, Clarks, NE 68628-0125 (referred to below sometimes as "lender" and sometimes as <br /> <br />"Beneficiary"); and Bank of Clarks, whose address is 301 N. Green, P,O. Box 125, Clarks, NE 68628-0125 <br /> <br />(referred to below as "Trustee"), <br /> <br />CONVEY ANCE 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 /> <br />County, State of Nebraska: <br /> <br />lot Two (2), Block "A", Boehm's Subdivision of part of lot Sixteen (16) of County Subdivision of the <br /> <br />South Half of the Southeast Quarter of Section Sixteen (16), Township Eleven (11) North Range Nine (9) <br /> <br />West of the 6th P.M., Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 909 W. Charles, Grand Island, NE 68801. <br /> <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 /> <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 /> <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 (Al 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 /> <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 /> <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 /> <br />POUlIssion and U!le. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />12) use, operate or manage the Property; and (3) collect the Rents from the Property. <br /> <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br /> <br />Compliance With Environmllntal Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by lender in writing, (a) neither Trustor nor any tenant, contractor.aQ~Dtor9therauthoriled user of the f'roperty <br />shall use, generate. manufacture, store, treat, dispose of or release a'ny-HazardousSubsta":;ceon~'r,"'!i'e'~tJfat"ffB'111tmrPrbpjffly:'''''-'''''''' <br />and (b) any such activity shall be conducted in compliance with all applicable federal. state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests. at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be <br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor <br />hereby 11) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend. 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 <br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or <br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have <br />been known to Trustor, The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall <br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be <br />affected by lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. <br /> <br />Nui!lance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />