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<br />�PE�-��uv :
<br />WHEN RECORDED MAIL TO:
<br />CORNERSTONEBANK � S �
<br />Grand Island Main Facility p�
<br />840 Nnrth Diers Avenue
<br />___.Grand Island, NE 68803 „ _. FOR,,,RECORDER'S USE ONLY
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<br />THIS DEED OF TRUST is dated October 15, 2010, among Maryanne R Malterman and Don D Halterman; Wife
<br />and Husband ("7rustor"); CORNERSTONE BANK, whose address is Grand Island Main Facility, $40 North Diers
<br />Avenue, Grand Island, N� 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1;
<br />and CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YQRK, NE 6$467 (referred to below as
<br />"7rustee"1.
<br />CONVEYANCE AN� GRANT. For valuable cansideration, Trustor canveys to 7rustee in trust, WITH POWER OF SALE, for the qenefit of
<br />Lender as Beneflciary, 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 limitativn all minerals, oil, gas, geothermal and similar matters, (thB �� Real Property �OCated ifl Hall
<br />County, State of Nebraska:
<br />The North 57 feet of Lot Five (51, in Block One Hundred Sixteen (1'16), K�enig & Wiebe's Addition to the
<br />City of Grand Island, Hall County, Nebraska, according to the recarded plat thereof
<br />The Real Property ar its address is commonly knawn as 115 South Clark S#raet, Grand Island, NE
<br />68801-5862. 7he Real Property tax identification number is 400056151.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Desd of Trust) all of Trustor's right, title, and interest in and to all
<br />presant and future leases of the Property and all Rents from the Property. In addition, 7rustor grants to Lender a Uniform Commercial
<br />Code security interest in th��ersonal Pro�erty and Rents.
<br />TMIS DEED OF TRUST, INCWDING THE ASSIGNMENT OF RENTS ANp THE SECURITY INTEREST IN THE RENTS AND P�RSONAL
<br />PROPERTY, IS GIVEN TQ SECURE (A) PAYMENT OF THE INDEBT�DN�SS AND (B) PERFORMANCE OF ANY AND ALI. OBLIGATIONS
<br />UNDER 7H� NOTE, THE RELATED DOCUMENTS, AND TMIS PEED OF TRUST. THIS DEEp OF TRUST 15 GIVEN AND ACCEP7Eb ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwlse providad in this Deed of Trust, Trustor shsll pay ta Lender all amounts secured 6y
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE dF THE PRQPERTY. 7rustor agrees that Trustar's possession and use of the Property shall be
<br />governed by the following provisions: •
<br />Possession and Use. Until the occurrence pf an Euent of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect #he Rents from the Property..
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly pertorm 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 Praperty, there has been no use, generation, manufacture, storage, treetment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to helieve
<br />that there has been, sxcapt as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmenta) Laws, (b) any use, gensration, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous 5ubstance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind 6y any parson relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustpr 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 on, under, a6out or from the Property;
<br />and (b) 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 suthorizes Lender and its agents to enter upan the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriete to determine compliance of the Prop�rty
<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 ta areate any responsibility or liability on the part of Lender to Trustnr or to any other person. The representations and
<br />warranties contained herein are based on Trustor's dus diligence in investigating the Property for Hazardous Suhstances. l'rustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the avent 7rustor becomes lieble for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lander against any and all
<br />claims, losses, liabilities, damages, penaltiss, and expenses which Lender may directly or indirectly sustain or suffar resulting from a
<br />breach pf this saction of the Deed of Trust or as a eqnsequence of any use, generatipn, 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 or should have
<br />been known to Trustor. The provisions of this section of the Deed of 7rust, including the o6ligatian to indemnify and defend, shall
<br />survive the payment of the Inde6tedness and the satisfaction and raconveyance of the lien of this Deed of 7rust and shall not be
<br />affected by Lender's acquisition of any intarest in the Property, whether 6y foraclosure or otherwise.
<br />IVuisance, Waste. Trustor shall not causa, conduct or permit any nuisance nor commit, permit, or suffer any stripping vf or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, 7rustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Impravements. Trustor shall not damolish or remove any Improvements fram the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustpr to make arrangements satisfactory
<br />tn Lsndar to replace such Improvements with Improvements of at least equal value.
<br />Lender"s Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
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