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<br />WMEN RECORDEb MAIL T0: �
<br />Bank of Clarks
<br />309 N. Green Street
<br />P.O. Box 9 25
<br />Clarks NE 6$628-0125 FOR RECORD�R'S USE ONLY
<br />�
<br />DEED OF TRl1ST �
<br />. �,
<br />MAXIMUM LIEN. The lien of this Deed of 1'rust shall not exceed at any one time 5105,000.00.
<br />THIS DEED OF 7RUST is dated December 23, 2010, among Dawn M. Peard, a single person, whose address is
<br />9'790 Columbia Circle, Grand Island, NE 68801 ("Trustor"); Bank of Clarks, whose address is 301 N. Green
<br />Strest, P.O. Box 125, Clarks, NE 6862$-Q125 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"►; and Bank af Clarks, whose address is 301 N. Green, P.O. Bax 925, Clarks, NE 6$628-0'125
<br />(referred to below as "Trustee"1.
<br />C�NVEYANCE AND GRANT. For valuable consideratian, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the 6enefit af
<br />Lender as Beneficiary, all of Trustor's right, title, and intarest in and to the following described real property, together with all existing or
<br />subsequently erected qr 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 tha real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the �� Real Property IOCat@d Irl Mall
<br />County, State of Nebraska:
<br />Lot Faur (4►, Block Fifteen (151, Rollins Addition to the City af Grand Island, Hall Cvunty, Nebraska.
<br />The Real Praperty or its address is commonly known as 915 West 5th Street, Grand Island, NE 68801.
<br />CRpSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus intarest
<br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them,
<br />whether now existing or hereafter arising, w hether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whather Trustor
<br />may be liahle individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, withput limitatiqn, this besd pf Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate 5105,000.00.
<br />Trustvr presently assigns tv Lender (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 ot 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 pF TRU57, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAI.
<br />PROPER7Y, IS GIVEN Tp SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE bF ANY AND Al.l. ABLIGATIONS
<br />UNDER 7HE NpTE, THE IiELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRU5T IS GIVEN AND ACCEPT�❑ ON TH�
<br />FOLLOWING TERMS:
<br />PAYM�N7 AN17 PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts seaured by
<br />this Deed pf 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 />POSSESSI�N AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall 6e
<br />governed by the follawing provisions:
<br />Possession and Usa. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good 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 no use, generation, manufacture, storage, treatment, disposel, release or threatened release of any
<br />Hazardous 5ubstance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, vr reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any 6reach 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 frpm the Property by any prior owners or vccupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as prsviously disclosed to and
<br />acknowledged by Lender in writing, (a) 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 5ubstance vn, under, about 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 authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deam 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 Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on 7rustor's due diligence in investigating the Property for Hazardous Su6stances, Trustor
<br />hereby (1) reieases 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 �eed of Trust or as a consequence of any usa, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to 7rustor's ownership or interest in the Property, whether or not the same was or should have
<br />been knvwn to Trustor. The provisions of this section of the Deed af Trust, including the o6ligation to indemnify and defend, shall
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