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~Ilal ~^ m C.T1 - G1 ~ c cn ~ ~ Z v ~ n ~ ~ ~ ~ rte: C ~~ = ~` ~- n ~~ ~ ~ ci ~~. -~ ~ c~ c, 1~1 • :.~ rn rn . "-v ~ T+ tx1 '_" r7 r ~ f 7J ~ to ~ ~ v~ ~ ~ n Iv .~ .~ WHEN RECORDED MAIL TO: ~ NOMeska National Benk 311D 2nd Avenue P.D. Box 397 Ksamw. N fIB848-1)397 - - R ~~.~. DEED OF TRUST THIS DEED OF TRUST is dated May 14, 2010, among Heather A f3ahfan; a single person ("Trustor"); Nebraska National Benk, whose address Is 3110 2nd Avenue, P.O. Box 397, Kearney, NE 68848-0397 (referred to below sometimes as "Lender" and sometimes as "beneficiary"i; and Nebraska National Bank, whose address is PO Box 397, Kearney, NE 68848 (referred to balpw as "Trustee"1. CONVEYANCE AND GRANT. For vahrable coltaidaragon, Trustor conwya to T-ustas in trust, WITW PDWER OF SALE, iw ifra banp}k of Lander as 6anaflciery, aq of Trustor's right, title, and intareat In and to the }olbwing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easamente, rights of way, and appurtenances; all water, water rights and ditch rights lincluding stock in utilities with ditch or irrigation righ[sl; and all other rights, royahiea, and prafiu relating to the real property, including without limitation ell minerals, oil, gas, geothermal end similar matters, (the "Real Property") located in Hall County, State of Nebraska: Lot Five (51, Woodland Park Seventh Subdivision, in the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 4173 Vermont Avenue, Grand Island, NE 68803. The Real Property tax identification number is 40425888. CROSS-COLLATERALI7ATION. In addition to the Note, this Deed of Trust secures ell pbligetions, debts and liabflitlea, plus interest thereon, of Trustor to Lander, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing or hereafter arising, whether related ar unrelated to the purpose of the Note, whether voluntary or Otherwise, whether due pr not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually pr jalntly with others, whether obligated as guerentor, surety, accommodation party or otherwise, and whether recovery upon such amounts may ba or hereafter may become barred by any statute of limitations, and whether the obligation ro repay such amounts may be or hereafter may become otherwise unenforceable, If the Lender is required to glue notice of the right to cancel under Truth in Lending in connection with any additional loans, eMenalons of credit and other liabilities or obligations of Truster to Lender, then this Deed oT Trust shall not secure edd(tlonal loans or obligations unless and until such notice Is given. Trustor presently assigns to Lender (also known as Beneficiary in this Deed o} Trust) alt of Trustor's right, title, and interest in end to all present and future leases of the Property and all Rants from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security Interest In the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND (al PERFORMANCE OF ANY AND ALL OBLIGATIpNs UNDER THE NDTE, THE RELATEp DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED DN THE FOLLpWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Trustor shell pay to Lender all amounts secured by this Deed of Trust as they become due, end shall strictly and in a [imely manner perform all of Truator's obligations under the Note, this Deed of Trust, end the Related Documents. POSSESSIDN ANp MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shell be governed by the following provisions: Pwaeasign end Use. Until the occurrence of an Event of Default, Trustor may Itl remain in possession end control of the Property; 121 use, operate or manage [he Property; and f31 collect the Rents from the Properly. Duty to Maintdn. Trustor shall main[ain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Envirorw»antal Laws. Trustor represents end warrants to Lender that: (11 During the period of Truator's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release pr threatened release of any Hazardous Substance by any person on, under, about or from the Property; 121 Trustor has no knowledge vf, or reason to believe that there has been, except as previously disclosed to end acknowledged by Lender in writing, fal any breach w violation of arty Environmental Laws, (bl any use, generation, manufacture, storage, treatment, disposal, release or threatened release Of any Hazardous Substance on, under, about pr from the Property by any prior owners or occupants of the Property, or Ic1 any actual or threatened litigation or claims of any kind 6y arry parson relating to Such matters; and 13j Except as previously disclosed to and acknowledged by Lender in writing, lal neither Trustor nor any tenant, contractor, agent yr other authorized user of the Property shall uas, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or frpm the Property; and Ibl any auoh activity shell be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Lsws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and teats, at Trustor'9 expense, ea Lender may deem appropriate to determine compliance of the Property with this section of the Dead of Trust. Any inspections or tests made 6y Lender shall ba for Lender's purposes only and shall not be construed to create any rasponalbllity orliabllity an the part of Lander to Trustor ar to any other person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property far Hazardous Substances. Trustor hereby 111 releases and waives any future claims against Lender for Indemnity or contribution in the event Trustor becomes liable for cleanup pr other costa under any such laws; and 121 agrees to indemnify, defend, and hold harmless Lander against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the peed oT Trust or ea a consequence of any use, generation, manufacture, storage, disposal, release ar threatened release occurring prior to 7rustor'a ownership or intareat in the Property, whether or not the same was or should have bean known to Truster. The provisions of this section of the Deed of Trust, Including the obligation to indemnify and defend, shell survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed oT Trust and shall net be affected by Lender's acquisition of any interest in the Property, whether 6y foreclosure or otherwise. Nuisance, blasts. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, ar suffer any stripping of or waste on or to the Property or any portion of the PropeYty. Without limiting the generality of the foregoing, TYUator will net remove, DY grant ro m ~~ ~ m o O ~ ~ ~ ~ Q [a,7 C t,,.a ~ t:,a GJ'1 ~ ~"•..