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<br />WHEN RECORDED MAIL TO:
<br />CITIZENS BANK & TRUST COMPANY
<br />ST PAUL BRANCH ~? ,~, S~
<br />729 7TH ST
<br />PO BOX 388 _.. _ _ _
<br />T PA 873 FOR REC RDER'S U E NLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated April 7, 2010, among FRANKLIN A STEFANOWICZ; A SINGLE PERSON
<br />("Trustor"1; CITIZENS BANK & TRUST COMPANY, whose address is ST PAUL BRANCH, 721 7TH ST , PO
<br />BOX 3$5, ST PAUL, NE 68$73 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-;
<br />and CITIZENS BANK & TRUST COMPANY, whose address is 721 7TH ST - PO BOX 385, ST PAUL, NE
<br />68$73 (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 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 (including stock in utilities with ditch or irrigatipn rightsl; and all other ri hts, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (t~,e "Real Property") located In MALL
<br />County, State of Nebraska:
<br />LOT $, BLOCK 20, CHARLES WASMER'S ADDITION, CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />The Real Property or its address is commonly known as 1714 W. CHARLES ST., GRAND ISLAND, NE 68803.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Dead 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 Note, whether voluntary or otherwise
<br />whether due or not due, direct or indirect, determined ar undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantpr, surety, accpmmpdetion 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 pr hereafter may become ptherwise unenforceable. If the Lender is required to give notice of the right tp cancel
<br />under Truth in Lending in connectipn with any additional (pans, extensions of credit and other liabilities or obligations of Trustor to Lender,
<br />then this peed of Trust shall not secure additional loans or pbligations unless and until such notice is given.
<br />FUTURE ADVANCES. In addition to the Note, this peed 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.
<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 af;the Property and all Rents from the Property. In addition, Trustor grants to "Lender a Unifprm 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 fA) PAYMENT pF 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 pN THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise prpvided 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 TWE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisipns:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 11- remain in possession and epntrol of the Prpperty;
<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 tenantable 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: (1) During the period of Trustor's ownership
<br />of the Prpperty, there has been np 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 no knpwledge 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 or threatened release of any
<br />Hazardous Substance pn, under, about or from the Property by any prior owners or occupants of the Property, or Ic) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and 13- Fxcept as previously disclosed to and
<br />acknowledged by Lender in writing, la) neither Trustor nor any tenant, contractor, agent or other authprizsd 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 Ib- 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. Trustpr authprizes 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 to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections ar tests made by Lender shall be for Lender's purposes only and shall not be
<br />epnstrued to create any responsibility pr liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based pn Trustor's due diligence in investigating the Property fpr 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 (2) 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 pf the Deed pf Trust or as a consequence of any use, generation, manufacture, 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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