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<br />WHEN RECORDED MAIL TO: � �
<br />Nebreska National Bank �
<br />3110 2nd Avenue ��
<br />P.O. Box 397
<br />Keame NE 4-0 7 FOR DER'S SE QNLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated April 6, 2011, among Kyle R. Overturf and Leah C. Petersen ("Trustor");
<br />Nebraaka Netional Bank, whose address is 8110 2nd Avenue, P.O. Box 397, K�arney, NE 68848-Q387
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"1: and Nebraska National Bank,
<br />whose address is PO Box 397, Kearney, NE 68848 (r�ferred #o below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable conslderation, Trustor conveys to Trustee in trust, WITH PQWER OF SALE, for the benafit of
<br />Lender as Benaficiary, all of Trustor's nght, title, �nd interest in and to the fqllowi�g described real property, together with all existing or
<br />gubsequently erected or affixed buiidfngs, improvem�nte and fixtures; ail eae�ments, righta of wey, end appurtenances; all water, weter
<br />rights and ditch rights (including s#ock in uxllities with ditch or irrigation rights►; and aii other rights, royalties, and profits relating to the real
<br />property, including without (imitation ali minerels, oil, gas, geothermat and similar matters, (#h9 ° Real Prop�rty 10�8t6d in Hall
<br />County, State of Nebraska:
<br />Suite No. Eighteen (18) and Garage H, "B" Windsor Square Condominium Property Regime, being part of
<br />Unit Two (2!, Lot Two (2), Black Eight (8), Rsplat, Continental Gardens, an Addition to the City of Grand
<br />Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 3027 W. Capital Ave. #18, Grand Island, NE 68801.
<br />The Real Property tax identification number is 40Q141Q94�►- �l�i�-///(o ��' ,�'
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures ail obligations, debts and liabilities, plus interest
<br />ther�on, of Trustor to Lendsr, or any on� or mare 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, whether related or unrelated to the purpose of the Note, wheth�r voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined o� undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with cathers, whether obiigated as guarantor, surety, accommode#io� party or otherwise, �nd whether
<br />reeovery upon such amount� may be or hereafter may bacome barred by any statute of lirrvi2etiona, end wheth�r the obligetion to repay
<br />such amounta may b� or her�aftQr may become otherwise unenforce�ble. If the Lender is requir�d to giva notice af th� right ta cancel
<br />und�r Truth in Lending in connection with any additione! laons, extensions ofi er�dit end otMer liabil)tias or obiigetions of Trustor to Lender,
<br />then this Deed of Trust �hall not s��ure additional loans or abifqatlor�a unleas and untii auch notiee is given.
<br />Trustor presently assigns to �ender (also known as Beneficiary in this Deed of 7rust) all of Trustor's right, title, and interest in and to all
<br />present �nd future leas�s of the Rroperty ar�d sU R�nts from the PropertY. In addition, Trustor grents to Lendar a Uniform Commercial
<br />Cod� aecurlty interest In the Peraonai Rroperty end Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT pF RENTS AND THE SECURITY INTEREST IN TME RENTS AND PERSONAI
<br />PRQPERTY, IS GIVEN TQ SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE QF ANY AND ALL OBUGATIONS
<br />UNDER TH� NOTE, THE R�LATE� DQCUMENTS, AND THIS DEED OF TRU3T. fiHIS DEED OF 7RUST 13 GIYEN ANQ ACCEPTEQ ON THE
<br />FULLQWINC3 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 p�ed of Trust as th�y becom� due, end shell strictly and in � tim�ly m�nnar perform �II of Trustor's oblig�ti9ns under the Note, thi�
<br />19�ed of Truet, and fihe Related Boesuments,
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governsd by the following provisions:
<br />Possession and Use. Until the occurrence ot an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate ar 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, disposal, release or threatened release of any
<br />Hazardous Substenc� by any paraon on, under, about or from tMe Property; (2) Trustor has no knowledge af, or re�son to b�ileve
<br />tMat ther� has been, except as prsviously disclosed to and acknowledged by Lender in writing, (a) any breach or violetion of any
<br />Environmental Laws, Ib) any use, generetion, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Mazardous Substance on, undar, about or f�om ths Prqp�rty by any prior own�rs or occupar�ts of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by eny person reiating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nar any t�nant, contrector, agent or otMer �utMorized user ot the Prnperty
<br />shail us�, g�nerete, menufacture, store, treat, diapose of or release any Hazardous Substance ofl, under, about or from the Property;
<br />end tb) any such activity ahell be conduct�d ifl compliance with all applicable fed�ral, atate, and �ocal laws, regulation� �nd
<br />ordinances, inciuding without Il�nitation all Environmsnfial Laws. Truator autharizes Lond�r and its agents to enter upon the Property
<br />to make auch inspeotions and tests, at Teustor's expense, �s Lender may deem appropriate to determine coretpliance of the Property
<br />with thi� seatlon of the Deed of Trust. Any inspections or testa made by Lender shall be for Lender'� purposes only and shsll not be
<br />construed ta create any respon�ibility or liability on the part of Lender to 'Truator or to any oth�r person. The repres�ntatipns and
<br />warranties contefned her�in are based on Trustor's due diligence in investigating the Property for Maz�rd4us Substances, Trua4ar
<br />hgreby 11) releases and wafves any future cleims again�t Lender for indemnity or contribution in the event Trustor bBCOmes liable for
<br />cleanup or other costs und�r any auch laws; and (2) agrees te indemnify, defend, and hold Marmla�s lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly �ustain nr suffer resulting from a
<br />brea�h of this sectiqn of the Desd of Tru�t or as e consequenoe of any us�, generation, manufacture, starage, disposal, release or
<br />threatened releese occurring prior to Trustor's ownership ar interest in the Property, whether or not #he same was or should have
<br />besn known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to Indemnify and defend, shaA
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien af this Deed o# Trust and sh�ll not b�
<br />a#fected by Lender's acquisition of any interest In the Property, whether by foreclosure or otherwise,
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