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~~~ 67/28/2616 15:41 308-773-2224 FARMERS STATE BANK PAGE 01/67
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<br />WHEN RECORDED MAIL TO:
<br />Bank of Clarks
<br />Farmers State Brnk, A Branch of Bank p1 Clarke
<br />2nd & Vins Street
<br />P. 0. Box 246
<br />ilv r N 6 a - 2a6
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<br />R RECORD USE
<br />DEE17 OF TRUST
<br />MAXIMUM LIEN. The Ilan of this Daed of Trust shall not exceed at any one #lme 5110,000.00.
<br />THIS DEIwD OF TRUST is dated July 28, 2010, among Jon W. Fitchhorn, a married parson, whose address is
<br />4420 W. 13th, Grand Island, NE 88803; Kelly 5. Fitchharn, a married person, whose address is 4420 W.
<br />13th, Grand Island, NE fi8$03; Tiffany A, Nagel, a married person, whose address is 3720 State Street, Apt.
<br />H-8, Grand Island, NE 68803 end Vincent R. Nagel, a married person, whose address is 2734 North Huston,
<br />Grand Island, NE 69803 1"Trustor"1; Bank of Clarks, whose address Is Farmers State Bank, A Branch of Bank
<br />of Clarks, 2nd & Vine Street, P• O. Box 246, Silver Creek, NE 88663-0246 (referred to below sometimes as
<br />"Lander" and sometimes as "Benafipiary"S; and Bank of Clarks, whose address is 301 N. Green, P.O. Box 125,
<br />Clarks, NE 68628.0125 Ireferred tv below es "Trustee"l.
<br />CONVEYANCE AND GRANT, Far valuable considsraapn. Trustor nanveys tv Truetre in trust, WITH POWER OF SALE, for the benefit pf
<br />Lender es Beneficlery, all of Truator's right, tits®, and interest In and to the following described real property, to(iether with all existing or
<br />supaaquendy erected or affixed buildings, imOrpvementa and fixtures; 911 aeeements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including ateck in utilities wish ditch or krigatlpn rights); and all other rlpphss, royaRiea, and profits relating to the real
<br />property, including without limitation all min¢rsls, oil, gas, geothermal and similar matters, Ithe "Real Property") located In HBII
<br />County, State of Nebraska:
<br />Lot Two (21, Tam's Subdivision, Clty of Grand Island, Hall County, Nebraska.
<br />Tha Rael Property yr its address Is commonly known as 1414 Piper Street, Grand Island. NE 68f303
<br />FUTURE AbVANGES. In addhaon to the Nate, this Deed of Trust secures 611 future advances made by Lender to Borrower whether or nbt
<br />the advannea are made pursuant to a Commitment. SpeciflC611y, without Pmitetien, this Dead of Trust sedures, in eddklon to the ampunta
<br />specified in the Nam, all future ampurns Lender in its disoreann may loan ro Borrower, together with 911 insereat thereon; however, in nn
<br />event shad such future advances )excluding interest) exceed in the aggregate 811D,000.00.
<br />Trustor presently asaign6 to Lander )slap known as Beneficiary in this Daed of Trust) ail pt Truetor's right, title, End imereat in and to all
<br />present and future leeaes of the Property and all Rents tram the Property. In addition, Trustor prarrta ro Lender a Unitnrm Commarclal
<br />Coda security interest in the Perannal Property and Rents,
<br />THIS DEED DF TRUST. INCLUDING 7HE ASSIGNMENT OF RENTS ANb THE SECURITY INT6RE5T IN THE RENTS ANO PERSONAL
<br />PRDPERTY, IS GIVEN TO SECURE IA) PAYMENT DF THE INDEBTEDNESS AND IBl PERPDRMANCE DF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE pELAT@D DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED DP TRUST IS GIVEN AND ACCEPTED ON THE
<br />FDLLOwING TERMS:
<br />TRUSTOR'S REPRESI~ITATIONS AND WARRANTIES. Trusmr warrants that: lal this Dead pf Trust is executed at Borrnwer's request and
<br />not at the request of Lender; fbl 'Trustor hsa the full power, right, end authority tp enter into this Daed pt Trust and to hypothecate the
<br />PrnpaRy; ICI the prpVlSlpna pf thi5 Dead of Trust d0 not Conflict with, or result in a default Under env agreement nr other inanumant
<br />binding upon Truster and do not result in a vivletipn of any law, rggulatlon, coup decree pr order applicable to Trustor; Id) Trustor has
<br />estebliahed adequate means of obtaining from Borrower vn a eentinuing belle Information about Bprrowrr'a financial condition; and (e)
<br />Lender hag made no repreaematien tp Truatpr about Borrower (including without Ilmltetlon the Credhworthineas of Borrpwarl•
<br />TRUSTgR'S WAIVERS. Trustor wolves all rights pr defenses arising by rraeon of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevem Lender from bringing any action against Trustor, including a claim for deficiency td The extent ).ender is etherwla¢
<br />antltlad ro a Claim for de1lCler7Cy, before pr after Landpr's' cpmmancament or ppmpletipn pf any ipreClnsUrO BCtIDn, either judiniagy Of by
<br />exercise of a power of sale.
<br />PAYMENT AND PERPDRMANCE. Except as otherwise provided in this Dead oT Trust, Borrower shell pav to Lender all Indebtedness
<br />eecuratl by this Dapd of Trust as it bacnmas due, and Borrower and Truatpr obeli perform all their respective pbligativn6 under the Neso,
<br />this Dead pt 7ruat, End the Related Documents,
<br />POSSESSION AND MAINTENANCE OF THE PRDPERTY, forrower and Truster agree that Borrower's and Trustor's possession and use pf
<br />the Property shall ba ggvarnatl by the following provlslpns;
<br />Ppesaarlan and Ua6. Until the eeourranca of an Event pf Dmfault, Truatpr may 11) remain in poseeaaipn and cpmrpl pf the PrppertV;
<br />f21 uaa, operate or menace the Proporty; and 131 collect the Rents Tram the Property,
<br />Duey to Mairrmin. Trustor shall malnsaln the Prppel'ty in goad cvntlition end promptly perform ell repairs, replacements, and
<br />meintananee napeasery to presarv¢ Ito valu®.
<br />Complianoa With Envirenmenml Lawa, Trustor raprasanta and warrants to Lender that. 111 During the period of 7ruater's ewnershlp
<br />of the Property, there has been nD ua6, genrratien, menufaeture, atorepa. traetmerrt, dlaposal, release or threatened releese of any
<br />Hazardous Substance by any person on, under, about or from the Property; 121 Truatpr has no knowledge of, nr reason to believe
<br />th¢t there hra been, except as previously dlsclosad td and acknowledged by Lander in writing, (el any breech er vielatien of any
<br />Environmental trews, Ibl any use, ganeratlpn, manufacture, aTprpgp, tfeetment, dlappaal, release pr threatened release of any
<br />Wexardoue Substance pn. under, about or from the Property by any prior owners or pecupams of the Prdpeny, or Icl any acsuel or
<br />thrrLtMed UtipeGon Or elaimx Af any kind by any yereon reletinp to such matters; and (3) Exoapt as prrvlaualy dircloavd to ^nd
<br />acknowledged by Lender in wrltinp, lal neither Trustor nor any SananL, CnntraCtpr, agent or other authorizod user df the Properly
<br />shall use, ganera[e, manufacture, store, repel, disppaa di or release any Hazardous Substance on, under, about or from the Property;
<br />end Ibl any suvh aotivtty shall be conducted In compllence with ell eppllcable Tederal, state, and local laws, reguletlons and
<br />erdinandra, including wkhnut limitation 6u Envirpnmant6l Lawa. Trustor elJthoriZes Lender and its agonts to enter upon the Property
<br />to make such Inspeetiene end tests, et 7ruatpr'a rxpmnse, as Lender may deem appropriate to damrmina complisncr of the Proporty
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