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~..~.~ a ~ rr, <br />ao~ m i~ ~ `~ ~~ c"~ <br />r~ww'" ~1 ~ ~ _ <br />~ ~ ~ ty ~ m `~1 ~ ~ ~ C~ <br />N ...~ eq ~, I " 1 rn ~ ~' ~] ~ ~ <br />~ O w ~ N ~ <br />^w~ ~ ~ ~ ~ ~ <br />WHEN RECORDED MAIL TO: <br />CORNERSTONE BANK <br />Main Bank Facility ~ ~ ~j Q <br />529 Lincoln Avenue <br />P.O. Box 69 <br />York NE 68487-0 9 FOR RECORDER'S USE ONLY <br />DEED O~ TRUST <br />THIS DEED OF TRUST is dated May 6, 2010, among Marie M. Cards, whose address is 304E 10th Street, <br />Grand I, NE 68467-3635; A Single Person ("Trustor"); CORNERSTONE BANK ,whose address is Main Bank <br />Facility, 529 Lincoln Avenue, P.O. Box 69, York, NE 68467-0069 (referred to below sometimes as "Lender" <br />and sometimes as "Beneficiary""); and CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, <br />NE 68467 (referred to below as ""Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF 5ALE, for the benefit of <br />Lander 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 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 />Lot Six 16), in Block Thirty (30-, in Russel Wheeler's Addition to the City of Grand Island, Hall Coun#y, <br />Nebraska <br />The Real Property or its address is commonly known as 304E 70th Street, Grand Island, NE. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of either Truster or Borrower to Lender, ar any one or more of them, as well as all claims by Lender against Harrower and Trustor <br />or any one ar mare of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Harrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may became barred by any statute of <br />limitations, and whether the obligation to repay 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 Borrower ar Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition <br />to the amounts specified in the Nata, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest <br />thereon. <br />Trustor presently assigns to Lender (also known as Beneficiary in this peed 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 />Cads 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 (AI PAYMENT OF THE INDEBTEDNESS AND IBl PERFQRMANCE 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 THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la- this Deed of Trust is executed at Horrower's request and <br />not at the request of Lender; Ibl Trustor has the full power, right, and authority to enter into this Daed of Trust and to hypothecate the <br />Property; Ic1 the provisions of this peed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Id) Trustor has <br />established adequate means of obtaining from Borrower nn a continuing basis information about Borrower's financial condition; and le) <br />Lender has made no represehtation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl. <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 completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORI)AANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all <br />Indebfe`duesl; seerFtSd 6y this Deed Of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective <br />obligations under the Note, 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 of <br />the Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Detault, Trustor may 111 remain in possession and control of the Property; <br />121 use, operate or manage the Property; and 13- 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: 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) Trusmr has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, lal any breach or violation of any <br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release ar threatened release of any <br />Hazardous Substance on, under, about ar from the Property by any prior owners ar 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 131 {=xcept as previously disclosed to and <br />acknowledged by Lender in writing, la- neither Trustor nor any tenant, contractor, agent ar 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 Ib) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />