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<br />WHEN RECORDED MAIL TO:
<br />CORNERSTONE BANK ~~
<br />Sutton Facility
<br />107 West Elm ~G~ V
<br />P.O. Box 370
<br />Sutton NE 68979-0370 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated February 10, 2010, among Maryanne R Halterman and Don D Halterman; Wife
<br />and Husband ("Trustor"-; CORNERSTONE BANK, whose address is Sutton Facility, 101 West Elm, P.O. Box
<br />370, Sutton, NE 68979-0370 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br />CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as
<br />"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 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 lincluding stock in utilities with ditch or irrigation rightsl; 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 />The North 57 feet of Lot Five 151, in Block One Hundred Sixteen 11161, Koenig & Wiebe's Addition to the
<br />City of Grand Island, Hall County, Nebraska, according to the recorded plat thereof.
<br />The Real Property or its address. is commonly known as 115 S Clark, Grand Island, NE 68801-5862. The
<br />Real Property tax identification number is 400056151.
<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 ahd sll Rents from fhe Property. In addition, Trustor grants -#o 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 RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, TWE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED QF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la- this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; lb1 Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; lc- the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement yr other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; ld- Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis infprmation about Borrower's financial condition; and lel
<br />Lender has made no representation to Trustor about Borrower lincluding without limitation the creditworthiness of Borrower.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or complstipn of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br />this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use pf
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may j1- remain in possession and control of the Property;
<br />l2- use, pperate or manage the Property; and l3- collect the Rents from the Property.
<br />Duty to !lllaintaln. Truster shall... maintain the._Property in gopd condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value. -
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 11) During the period of Trustpr's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release pr threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; 121 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, Ia1 any breach or violation of any
<br />Environmental Laws, Ib1 any use, generation, manufacture, storage, treatment, disposal, release pr threatened release of any
<br />Hazardous Substance on, under, about or from the Property 6y any prior owners or occupants of the Property, or (c1 any actual or
<br />threatened litigation or claims of any kind by any person relating tp such matters; and 131 Except as previously disclosed tp and
<br />acknowledged by Lender in writing, la- neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and lb- 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 tv 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 tv 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 (1) 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 121 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, manufactuie; 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
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