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-� <br />.�o <br />�- <br />- <br />�- <br />0 - <br />� � <br />� <br />e � <br />s <br />�� <br />� <br />�� <br />� <br />�' <br />� � . <br />� � � <br />� � <br />� , <br />� � <br />� <br />� <br />� <br />x� <br />T <br />r" � \ <br />r 'r, , <br />�a ��- <br />o �. <br />� <br />[:9 � <br />Cl� �— <br />--� <br />rn <br />�� <br />o � .;�, <br />� <br />o + �, <br />mi <br />c ��- <br />� <br />� � � <br />. . o --i <br />� c n <br />� Z rn <br />--�c � <br />"� O <br />�� <br />� <br />� <br />F--► <br />F--+ <br />� <br />O �1 <br />� � <br />= rn <br />D � <br />r � <br />r m <br />� <br />� <br />n <br />cn <br />� <br />0 <br />N <br />O <br />F--a <br />�� <br />O <br />t,a <br />� <br />N <br />0 <br />WHEN RECORDED MAIL TO: <br />Cornerstone Bank /�T� �1� � <br />Central Chy Facility <br />1631 16th Street <br />Central Citv, NE 68826-1815 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 2, 2011, among Krae E Dutoit and Kinsey J Dutoit; Husband and Wife <br />("Trustor"); Cornerstone Bank, whose address is Central City Facility, 1631 16th Street, Central City, NE <br />68826-1815 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and CORNERSTONE <br />BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, 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 rights); and all other rights, royalties, and profits releting to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property lOCBted 'In Hall <br />County, State of Nebraska: <br />Lot 13, Pleasant View 15th Subdivision to the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 823 Sun Valley Place, Grand Island, NE 68801. The <br />Real Property ta�c identification number is 400441128. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, dabts and liabilities, plus interest <br />thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Borrower or Trustor may be Iiable individually or jointly with others, whether obligated as guerantor, surety, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is <br />required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other <br />liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such <br />notice is given. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor <br />whether or not the advances are mede pursuant to a commitment. Specifically, without limitation, this Deed of Trust sacures, in addition <br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest <br />thereon. <br />Trustor presently assigns to 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 of 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 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 (31VEN AND ACCEPTED OIV THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrents that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d► Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's finenciel condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitied to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shali strictly perform all their respective <br />obligations under the Note, this Deed of Trust, and the Related Documants. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower end Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisians: <br />Possession and Use. 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 tenantable condition and promptly perform ell repairs, replacements, end <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 Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposai, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Proparty, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously 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 Substance on, under, ebout or from the Property; <br />f- <br />3� � <br />