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<br />Cornerstone Bank ~j~0 ~ SO
<br />Aurora Facility
<br />1206 13#h Street
<br />P.O. Box 386
<br />____ Auroras NE 68818-0386 ,,,,,,,,,_ _,-__,_„_,_ FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated May 28, 2010, among Brian J Caspar and Kristin N Caspar; Husband and Wife
<br />("Trustor"); Cornerstone Bank, whose address is Aurora Facility, 1206 13th Street, P.O. Box 586, Aurora, NE
<br />68818-0386 (referred to below sometimes as "Lender'" and sometimes as "Beneficiary"); and CORNERSTONE
<br />BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (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 pf Trustpr's right, title, and interest in and to the following described real property, together with all existing pr
<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 />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Proper#y"") IOCated in Hall
<br />County, State of Nebraska:
<br />Lot Eight 18-, Block One 11 ), Summerfield Estates Seventh Subdivision, in the City of Grand Island, Hall
<br />County, Nebraska.
<br />The Real Property ar its address is commonly known as 3829 Meadowlark Circle, Grand Island, NE 68803.
<br />The Real Property #ax identification number is 400438178.
<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 tp all
<br />present and future leases of the Prpperty 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 7HE 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, 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 Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustar's obligations under the Note, this
<br />Dead of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY, Trustor agrees that Trustor's possessipn and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the pccurrence of an Event of Default, Trustor may (1) remain in possessipn and control of the Property;
<br />121 use, operate or manage the Property; and 131 collect the Rants from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good conditipn 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 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; 12- Truster has no knowledge of, 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, Ibl 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 Icl any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and 13- Except as previously disclosed to and
<br />acknowledged by Lender in writing, lal neither Trustor nor any tenant, contractor, agent or other authorized user pf the Property
<br />shall use, generate, manufacture, store, treat, dispose pf or release any Hazardous Substance on, under, about or from the Prpperty;
<br />and Ib1 any such activity shall be conducted in compliance with all applipable 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 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 Lander to Trustor or to any other person. Ths 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 direr*.ly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust pr as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prier to Trustor's ownership or interest in the Property, whether or nqt the same was or 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 pf 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 Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right tp remove, any timber, minerals (including oil and gasl, coal, clay, scoria, soil, gravel ar 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 pf 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 Righ# to Enter. Lender and Lender's agents and representatives may enter upon the Real Prpperty at all reasonable times to
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