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~~ <br /> ~` <br />'`' ~ c n --~~ <br />~ ~ ~ rv <br /> <br />m ~ N ~ v ~~ fV ~-, ~, -~ ~ <br /> <br />d7 ~~ <br />P1 <br />~ <br />~.1 0 ~• <br />:z ni _ <br />Z <br />CD <br />CT7 ~ ~ = r _ rn ~ <br />V` r-+i "~ ~ ~z~ <br />r- ~j p C19 <br /> ~ 1 (o ~ r-- ~ (~] C <br /> - \ <br /> Q ` ~ ..~ ~ C.L? <br />r""'~.' ~ Cn G1'~ Z <br /> cn ~Y,; <br />WHEN RECORDED MAIL TO: <br />CORNERSTONE BANK ~~ S ~~. [~ <br />Grand Island Main Facility ~-~ <br />840 North Diers Avenue <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 2$, 2090, among Dana A Labenz; A Single Person ("Trustor"); <br />CORNERSTONE BANK, whose address is Grand Island Main Facility, $40 North Diers Avenue, Grand Island, NE <br />6$803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and CORNERSTONE BANK, <br />whose address is 529 LINCOLN AVENUE, YORK, NE 6$467 (referred to below as "Trustee"1. <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 prpparty, 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 rights); and all other rights, royalties, and profits relating to the real <br />prpparty, including without limitation all minerals, oil, gas, geothermal and similar matters, (the °Real Property") located in Hall <br />County, State of Nebraska: <br />Lot Eight (13), in Ravenwood Subdivision, in Hall County, Nebraska <br />The Real Property or i#s address is commonly known as 537 Ravenwood Ct, Grand Island, NE 6$$09. The <br />Real Property tax identification number is 400214350. <br />Trustor presently assigns to Lander (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 and all Rents from the Property. In addition, Trustor grants to 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 TWE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF 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 ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Dead of Trust as they became due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed pf Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 11) remain in ppsse55ion and control of the Property; <br />(2) use, operate or manage the Property; and 131 collect the Rents from the prpparty. <br />Duty to Maintain. 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: (1) During the period of Trustor's ownership <br />of the Property, there has been nn uss, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; 121 Trustor has no knowledge pf, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la- any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or 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 (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a1 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 an, under, about or from the Property; <br />and Ib1 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 to determine compliance of the Property <br />with this section of the peed pf Trust. Any inspections or tests made by Lender shall be fpr Lender's purposes only and shall not be <br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and <br />warranties cpntained herein are based on Trustnr'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 (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 of the Deed of 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 nr should have <br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall <br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be <br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the prpparty. Without limiting the generality of the foregoing, Trustor will net remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and goal, coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements of at least equal value. <br />Lender's Right tp Enter. Lender and Lender's agents and representatives may enter upon the Real Property at ail reasonable times to <br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of <br />this Deed of Trust. <br />DV <br />