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~ ~~ N ~ cD ~ j ~ ~ ~_ ~ ~ ~.: w~^rrrrrrrr~ ;e; ~ ,~ ~, Irn c ~, Z ~ v m ~ _ ~-~ m o ~ - -~ t~ .~:L ~ ~ , ~ ~ ~ `_+ rv ~ ~, ~ " ~ ~ ~ O A ~ -~ rJ _ ~~. w -~' o ~ ~ ~ ~ t i~ -Z7 A- cxa 1---- tf] m ~ r C.n ° ~""" ~ C) ~ ~ ~ G] ~ ~ ~ ~ G ~ -~ ~ ~ ~, z 0 WHEN RECORDED MAIL TO: ' f ~ ~ I Cornerstone Bank Central City Facility 1631 16th Street Central Cit NE 68826-1815 FOR RECORDER'S USE ONLY DEED OF TRUST ~~ THIS DEED OF TRUST is dated December 22, 2009, among Jeremy Everson, A Single Person; and Jordan T ,.~'``~~~ ~ Everson, A Single Person ("Trustor"); Cornerstone Bank, whose address is Central City Facility, 1631 16th Street, Central City, NE 68826-1815 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustpr's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, pil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, State of Nebraska: Lot Six 16), Block Thirty Five (35-, Original Town of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 516 W 4th Street, Grand Island, NE 68801-4525. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Trustor to Lender, pr any one or more of them, as well as all claims by Lender against Trustor or any one or mare of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated pr unliquidated, whether Trustor may ba liable individually or jointly with others, whether obligated as guarantor, surety, accpmmadation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon. 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 and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEEP OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS ANp THE SECURITY INTEREST IN TWE RENTS AND PERSONAL PROPERTY, 15 GIVEN TO SECURE (A) PAYMENT pF THE INDEBTEDNESS AND (Bj PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND TWIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON TWE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed pf Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shalt strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Prpperty shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2- use, operate or manage the Property; and 131 collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lander that: 11- During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; 12- Trustor has np knowledge of, or reason to believe that there has been, except as previously disclosed tp and acknowledged by Lender in writing, (al any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Prpperty, or (c) any actual or threatened litigatipn or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (al neither Trustor nor any tenant, contractor, agent or other authorized user pf the Prpperty shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and Ib) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to 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 purposes only and shall not ba construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable fpr cleanup or other costs under any such laws; and 12- agrees to indemnify, defend, and held harmless Lender against any and all claims, Ipsses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the cams was or should have been known tp Trustor. The provisions of this section of the Desd pf Trust, inaluding the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Peed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.