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NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 29, 2011, among Guillermo M Calderon; A Single Person <br />("Trustor"); CORNERSTONE BANK, whose address is Grand Island Main Facility, 840 North <br />Diers Avenue, Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and CORNERSTOIVE BANK, whose address is 529 LINCOLN <br />AVENUE, YORK, NE 68467 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideretion, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Truator's right, title, and interest in and to the following described real <br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all <br />easements, rights of way, and appurtenances; all weter, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real prope including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property IOC9te in Hall County <br />State of Nebraska: <br />Lot Two ( 2), Block Twenty ( 20 ), in Packer & Barr's Second Addition to the City of Grand <br />Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 234 N Darr, Grand Island, NE 68803. <br />The Reel Property tax identification number is 400070391. <br />Trustor presently assigns to Lender (also known as Beneficiery in this Deed of Trust) all of Trustor's right, title, and <br />interast in and to all present and future leases of the Property end all Rents from the Property. In additfon, Trustor <br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDIN� THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwlse provided 1n 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 perform ail of <br />Trustor's obiigations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an �vent of Defeult, Trustor mey (1) remain in possession and <br />control of the Property; (2) use, opereta or menege the Property; end (3) collect the Rents from the Property. <br />Duty to Malntain. Trustor shall maintain the Property in good condition and promptly perform all repeirs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Envtronmental Lews. 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, manufecture, storage, treatment, disposal, <br />release or threatened release of any Hezardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there hes been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of eny Environmental Laws, - {b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hezardous Substance <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except es previously <br />disclosed to end acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous <br />Substance on, under, ebout or from the Property; and (b) eny such activity shall be conducted in compliance with <br />all applicable federel, state, and local laws, regulations and ordinances, including without limitation all <br />Environmental Laws. Trustor authorizes Lender and lts agents to enter upon the Property to meke such <br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the <br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's <br />purposes only end shall not be construed to create any responsibility or liability on the part of Lender to Trustor or <br />to any other person. The representations and warranties contained herein are based on Trustor's due diligence in <br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and weives any future claims <br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under <br />any such laws; end (2) agrees to indemnify, defend, and hold harmless Lender against any end all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from <br />a breach of this section of the Deed of Trust or as a consequence of any use, generation, menufacture, storage, <br />disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or <br />'�� <br />� �. <br />��` <br />K <br />�` <br />� <br /><s; <br />� <br />N <br />C� <br />�� <br />P--' <br />O <br />CJl <br />� <br />CL3 <br />� <br />�� s � <br />� <br />\ ', <br />,� <br />