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�� � �� 0 �� �� � �� j � 0 N � � � � �� �� �� � � � � • ..� � � � � ,�� �� � � �� � , 4 � rr � C = bN � �Z r.- � = C '► D !� ''."�' O —i � � rn �' ��_ : � z D N 0 A ;,�: --� � � �' � �, d � � �;. c ` � � v �' t-- ___ .r. z �� �; �_ � �_ � r,; F—'` � `� D Cz� p. �,.; � r � C , f r �> N � c. � N � R9 -�� r - � .� � ro i: O .... � S o �" � Cn �"a � Cn State of Nebraska Space Above This Line For Recording Data DEED OF TRU5T (With �ture Advance Clause) n Construction Security Agreement OMasterform recordedby______________________ 1. DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is M a r c h_ 31 ,_ _2 O 11 ________________ and the parties, their addresses and tax identification numbers, if tequired, are as follows: � SD Z TRUSTOR: Byron B. Juarez, a single person 3T16 E Seedling Mile Road Grand Island, NE 68801 3. 4. ❑ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and acknowledgments. TRUSTEE: Union Bank & Trust Company 4243 Pioneer Woods Drive Lincoln NE 68506- BENEFICIARY: Union Bank and Trust Company 4243 Pioneer Woods Drive Lincoln NE 68506- 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Trustor's performance under this Security Instrument; Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Beneficiary, with power of sale, the following described property: A tract of land located in the Southeast Corner of Lot 3, in Voss Subdivision of all that part of the E1/2 SWl/4 and the W1/2 SE1/4 of Section 11, in Township 11 North, Range 9 West of the 6th P.M., lying South of the Lincoin Highway, in Hall County, Nebraska more particularly described as follows: commencing at the Southeast Corner of the Wl/2 SE1/4 of Section 11, Township 11 North, Range 9 West of the 6th P.M., in Half County, Nebraska, running thence in a northerly direction along the East line of the Wl/2 SE1/4 for a distance of 2p rods, running thence in a westerly direction at right angles for a distance of 8 rods, running thence in a southerly direction at right angles for a distance of 20 rods, running thence in an easterly direction at right angles, 4or a distance of 9 rods to the place of beginning, Hall County, Nebraska. --- - Thepropertyislocatedin______________ Hall ___________ at 3116 _E__Seedl_ing_Mile_Road__ (County) ________Grand_Island_________> Nebraska_____68801_____ -------------- �Address)------------- ' (City) t ) ZiP Code Together with all rights, easemen[s, appurtenances, royalties, mineral rights, oil and gas rights, all waler and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $$22�s5o.00 . This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this iimitation does not apply to advances made under the terms of this Security Instrument to protect Beneficiary's security and to perform any of the covenants contained in this Security Instrument. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) A Promissory Note dated March 31, 2011 in the amount of $22,650.00 and maturing on April 01, 2016 for borrower Byron B. Juarez. NEBRASKA - DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA ORVA l3SE) (page 1 of 4) �� Q 1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 7/30/2002 Note Dated March 31, 20�1 � VMPMORTGAGEFORMS-(8�0)521-729 LoanNumberl1-03-000107 201102741 B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any promissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Trustor, or any one or more Trustar and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. G All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and Beneficiary. D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of rescission. 5. PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey, and se11 the Property to Trustee, in trust, with power of sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURTTY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Trustor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Beneficiary's prior written consent. 8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessmencs, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary copies of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign to Beneficiary, as requested by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor or materials to maintain ar improve the Property. 9. DDE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and make all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or deterioration of the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature of the occupancy and use will not substantially change without Beneficiary's prior written eonsent. Trustor will not permit any change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify Bf;neficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property sha11 be entirely for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection. 11. AUTHORITY TO PERFORM. If Trustor fails to perfarm any duty or any of the covenants contained in this Security Instrument, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the 1aw or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trusiee, in trust for the benefit of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"), Trustor will promptly provide Beneficiary with true and correct copies of all existing and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default under the terms of this Security Instrument. Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is entitled to notify any of Trustor's tenants to make payment of Rents due or to become due to l3eneficiary. However, Beneficiary agrees that only on default will Beneficiary notify Trustor and Trustor's tenants and make demand that all future Rents be paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary any payment of Rents in Trustor's possessian and will receive any Rents in trust for Beneficiary and will not com�ningle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrants that no default exists under the Leases or any applicable landlord/tenant law. Trustor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Trustor will perform all of Trustor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. F'��d�"' � 1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 1/30/2002 � �o3oi� S165EN NE (01/10) Loan Number 11-03-000107 (page 2 of 4)