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NE 69153-0720 <br /> <br />.]/,.()O <br /> <br />FOR RECORDER'S USE ONLY <br /> <br /> <br />*##################034007292008* <br /> <br />DEED OF TRUST <br /> <br />THIS DEED ,OF TRUST is dated July 29, 2008, among KARMA L.KRAJEWSKI, whose address is 721 5 <br /> <br />BLAINE ST, GRAND ISLAND, NE 68803-6146; a single woman ("Trustor"); Adams Bank & Trust, whose <br /> <br />addressis'Ogallala, 315 North Spruce, P.O. Box 720, Ogallala,NE 69153-0720 (referred to below sometimes <br /> <br />as "lender"and sometimes as "Beneficiary"); alid ADAMS BANK .& TRUST, whose address is 315 N. <br /> <br />SPRUCE, OGALLALA, NE 69J53 (referred. to below as "Trustee"). <br /> <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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relati,ng to the real flroperty, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In HAll County, State of <br /> <br />Nebraska: <br /> <br />THE SOUTH 42.9' OF LOT FIVE (5) AND THE NORTH 50.9' OF LOT SIX (6), BLOCK TWELVE (12), <br /> <br />PARKHILL THIRD SUBDIVISION, GRAND ISLAND, HAll COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 721 5 BLAINE ST, GRAND ISLAND, NE <br /> <br />68803-6146. <br /> <br />CROSS-COLLATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Trustor to Lender, or anyone or more of them, as well as all claims by Lender against Trustor or anyone or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable, If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, <br />extensions ofcredit and other liabilities or 6pligations of Trustor to Lender. then this Deed of Trust shall not secure additional loans or obligations <br />unless and until such notice is given. ' . . . <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 specified in <br />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 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 /> <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, INCLUDING THE ASSIGNMENT OF <br />RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF <br />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT, BETWEEN TRUSTOR AND LENDER OF EVEN <br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED <br />DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST <br />IS GIVEN AND ACCEPTED ON THE 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 this <br />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 Deed of Trust, <br />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 governed <br />by the following provisions: <br /> <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 /> <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance <br />necessary to preserve its value, <br /> <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's 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 from 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 />