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<br />WHEN RE~'ORDED MAIL TO:
<br />Howard County Bank a branch of Sherman County
<br />Bank
<br />St Paul
<br />PO Box 84
<br />SI. Paul. HE 68873
<br />
<br />30.s-c)
<br />
<br />, FOR RECORDER;! USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated November 28, 2008, among Jonathan B Gonifas, whose address Is 3403
<br />
<br />Andrew, Grand Island, NE 68803 and Jenny M. Gonifas, whose address Is 3403 Andrew Ave, Grand Island,
<br />
<br />NE 68801; husband and wife, as joint tenants, not tenants in common, ("Trustor"); Howard County Bank a
<br />
<br />branch of Sherman County Bank, whose address is St Paul, PO Box 84, St. Paul, NE 68873 (referred to
<br />
<br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Sherman County Bank, whose address
<br />
<br />is PO Box 543, Loup City, NE 68853 (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 Truslor'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~g to the real proe.ertyJ,.includlnij
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Hall County, ;:,tate of
<br />
<br />Nebraska:
<br />
<br />Lot Seventeen (17), Sass Second Subdivision to the City of Grand Island, Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 3403 Andrew Avenue, Grand Island, NE 68801.
<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 IS GIVEN AND ACCEPTED ON fHE
<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 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) Trust.or has nQ 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 />Hazardous Substance on, under, about or from the Property; and (b) any such activily shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or Iiabilily on the part of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for Indemnity or contribution In the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any
<br />and all claims, losses, liabilities, damages, penalties, and expenses which LElnder may directly or indirectly sustain or suffer resulting from a
<br />creach of this section of the Deed of Trust or as a consequence of any use, generation, r'l'ianufacture, storage, disposal, release or threalened
<br />release occurring prior to Trustor's ownership or interest In the Property, whether or not the same was or shOUld have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to Indemnify and defend, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any
<br />interest in the Property, whether by foreclosure or otherwise.
<br />
<br />Nuisance, Waste. Trustor shall nol cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
<br />the Property or any portion of the Property. Without limiting the generalily of the foregoing, Trustor will not remove, or grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
<br />written consent.
<br />
<br />RemClVal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
<br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at least equal value.
<br />
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compli~nce Wjt~ Ihe/~rF.a.nd conditions of this Deed
<br />
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