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<br />WHEN RECORDED MAIL TO: ,�
<br />FIRST CENTRAL BANK � (�; �j �
<br />FIRST CENTRAL B
<br />ANK
<br />PO BOX 637
<br />ARAPAHOE. NE 68922-0637 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated December 20, 2010, among HAZEL M DURNER, AN UNAAARRIED WOMAN,
<br />whose address is 807 87H STREET, ARAPAHOE, NE 68922; ("Trustor"); FIRST CENTRAL BANK, whose
<br />address is FIRST CENTRAL BANK, PO BOX 637, ARAPAHOE, NE 68922-0637 (referred to below sometimes
<br />as "Lender" and sometimes as "Beneficiary"); and FIRST CENTRAL BANK, A NEBRASKA STATE BANK,
<br />whose address is 415 NEBRASKA AVENUE, ARAPAHOE, NE 68922 (referred to below as "7rustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER QF SALE, for the benefit of
<br />Lender as Beneficiary, aii of Trustor's right, title, and interest in and to the following described real property, together with ali existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and ail other rights, royalties, and profits relating to the real prope including
<br />without iimitation all minerals, oii, gas, geothermai and similar matters, (the "Real PropeYty") IoCated in HALL COUN��1( County,
<br />State of Nebraska: �
<br />LOT TWO (2), KAAAR SUBDIVISION, GRAND ISLAND, HALI COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as LOT 2 KAAAR SUBDIVISION, GRAND ISl.AND,
<br />HALL COUNTY NE, GRAND ISLAND, NE. _
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures ali future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Spec'rfically, without limitation, this Deed of Trust secures, in addition to the amounts specified in
<br />the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future
<br />advances (excluding interest) exceed in the aggregate $250,000.00.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, titie, and interest in and to all present
<br />and future teases of the Property and all Rents from the Properry. In addition, Trustor grants to Lender a Uniform Commercial Code securiry
<br />interest in the PeBOnal Property and Rents.
<br />THIS DEED OF TRUST, iNCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE 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 this
<br />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 Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed
<br />by the following provisions:
<br />Possesslon and U:e. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2)
<br />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 maintenanee
<br />necessary to preserve its value.
<br />Compliance W{th Environmental Laws. Trustor represents and warrants to Lender that: (1) During the periocf of Trustor's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />' except as previously disclosed to and acknowiedged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3} Except as previously disciosed to and acknowledged by lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such lnspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shail be for Lender's
<br />purposes on4y and shall not be construed to create any responsibiliiy or liability on the part of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br />becomes liable for cieanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lsnder against any
<br />and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resuiting 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 threatened
<br />release occurring prior to Trustor's ownership or intesest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any
<br />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 or to
<br />the Property or any portion of the Properly. Wdhout limiting the generality of the foregoing, Trustor will not remove, or grant to any other
<br />party the right to remove, any timber, minerals (inciuding oii and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
<br />written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
<br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />} �
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