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� <br />� <br />N � <br />� � <br />� �� <br />0 <br />N � <br />� � <br />�� <br />� <br />� <br />�� <br />�� <br />� �"� � �) ti n Cn <br />S \ "' O --� <br />'� � �� D C � <br />� � a� r r'-, � � � ITl <br />�f1� � a .r� � � o <br />� � � n �=-- . � o � <br />� � � � <br />��_- a <br />Q s4i � n � <br />� :� r n <br />o �`_-°? E-+ cn <br />-st �+ � <br />o g•:: A <br />r1 li Rj •._.. � <br />v ��" -� (t� <br />cn � <br />R�-� T� <br />4PfFi�9�8 F3IECORDEC3 OIHHA9L i'O: <br />Exchange Bank <br />P.O. Box 760 <br />#14 L.�Barre <br />G(bbon, NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 13, 2011, among JAY W LEE and MARCIA L LEE, <br />HUSBAND and WIFE, whose address is 1216 S LINCOLN AVE, GRAND ISLAND, NE 68801 <br />("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 <br />(refe�red to below sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange <br />Bank, whose address is P.O. Box 760, Gibbon, NE 68840 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable conslderation, Trustor conveys to Trustee in trust, VYITH PQWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br />property, together with all existing or subs�uerrtly erected or affixed buildings, improvements and fixtures; all easements, <br />rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigatlon <br />rights); and all other rights, royalties, and profits relating to the real pro erty, includin without limitation all minerals, oil, gas, <br />geothermal and similar matters, (the "Real Property") located in HALL County, State of Nebraska: <br />Lot One (1) and the Northerly Fourteen (14) feet of Lot Two (2), Buhrman's Subdivision to <br />the City of Grand lsland, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1416 N HANCOCK AVE, GRAND <br />iSLAN�, iilE ti88�3. i in� �e�i Proper[y tax ieienfiric�tion nurnber is 4�0002�46. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus <br />interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one <br />or more of them, whether now existing or hereafter arising, whether related or unrelated to the pur�se of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, <br />liquidated or unliquidated, whether Trustor may be liable individually or joinUy with others, whether obligated as guarantor, <br />surety, accomm�ation party or otherwise, and whether recovery upon such amounts may be or hereafter may become <br />barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become <br />othervvise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a comm'itrnent. Spec'rfically, without limitation, this Deed of Trust secures, <br />in addition to the amounts specffied in the Note, all future amounts Lender in its discretion may loan to Trustor, together with <br />all interest thereon. <br />Trustor presenUy assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, tiUe, and interest in <br />and to all present and future leasas of the Propsrty and all Rer�ts ftom the Property. In addition, Trustor grants to Lender a <br />Un'rform Commercial Code security interest in the Personal Property and Renis. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS <br />AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) <br />PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED <br />OF TRUST. TH�S DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as othervvise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner pertorm all of Trustor's <br />obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that TrustoCs possession and use of the Properry <br />shaii b� govem.ed by ihe foliow�na �rovis�ons: <br />Possessfon and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and conVol of <br />ihe Property; (2) use, operate or manage the Property; and (3) collect the Rerrts from the Property. <br />Duty to Malntaln. Trustor shall maintain the Pro�ssrty in tenantable condition and prompUy perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance Wlth Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatrnent, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Properry; (2) <br />Trustor has no knowledge of, or reason to belleve that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, <br />manufacture, storage, treatrnent, disposal, release or threatened release of any Hazardous Substance on, under, about <br />or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or <br />claims of any kind by any person reiating to such matters; and (3) Except as previously disclosed to and acknowledged <br />by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall <br />use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, abaut or from the <br />Property; and (b) any such activity shall qe conducted in compliance with all applicable federal, state, and local laws, <br />regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and fts agents <br />0 <br />t� <br />O <br />h--+ <br />F--e <br />O <br />tI7 <br />P°V <br />C.70 <br />O� <br />�2 <br />�: <br />r <br />.. '; <br />� <br />%� �� <br />