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<br />WHEN RECORDED MAIL TO:
<br />Bank of Clarks
<br />Farmers State Bank, A Branch of Bank of Clarks
<br />2nd & Vine Street
<br />P. 0. Box 246
<br />Silver Creek, NE 68663-0246 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $50,000.00.
<br />0
<br />THIS DEED OF TRUST is dated October 7, 2009, among Elizabeth A. Garduno, a single person, whose address
<br />is 2305 Viking Court, Grand Island, NE 68803 ("Trustor"); Bank of Clarks, whose address is Farmers State
<br />Bank, A Branch of Bank of Clarks, 2nd & Vine Street, P. O. Box 246, Silver Creek, NE 6$663-0246 (referred
<br />to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Bank of Clarks, whose address is 301
<br />N. Green, P.O. Box 125, Clarks, NE 68628-0125 (referred to below 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 Beneflclary, 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 />All of that part of Lot Five (51, in Block Thirty-Four (341, in the Original Town, now city of Grand Island,
<br />Hall County, Nebraska, described as follows: Commencing at a point on the Westerly Lot line of said Lot
<br />Five 151, Fifty-Two 152) feet South of the Northwest corner of said Lot Five (51; thence in an Easterly
<br />direction, parallel to the North line of said Lot Five 151, a distance of Forty-Four (44) feet; thence in a
<br />Northerly direction at right angles, parallel with the West line of said Lot Five (5-, a distance of Twelve (12)
<br />feet; thence in an Easterly direction, at right angles, parallel to the North line of said Lot Five 15), a distance
<br />of Nine 191 feet; thence in a Northerly direction of right angles, a distance of Forty (40) feet to the North
<br />line of said Lot Five 151, parallel with the Westerly line of said Lot Five (51; thence in a Westerly direction, a
<br />distance of firty-Three 1531 feet to the Northwest corner of said Lot Five 15-; thence Southerly along and
<br />upon the Westerly line of said Lot Five 151, a distance of Fifty-Two (52) feet to the actual point of
<br />beginning.
<br />The Real Property or its address is commonly known as 409/411 N. Cedar, Grand Island, NE 68801.
<br />CRO55-COLLATERALtZATION. 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 Nate, 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; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate 550,000.00.
<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 RENT5 AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEEP 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 131 collect the Rents from the Property.
<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 />Compliance Wlth Environmental Laws. Trustor represents and warrants to Lender that: 111 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 np knpwledge 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 Ic1 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 />
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