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- <br />- <br />N � <br />0 � <br />� <br />� � <br />� <br />� � <br />� <br />N � <br />� <br />� <br />� <br />b��.i <br />� <br />� <br />ta�► <br />H <br />W <br />� <br />� <br />1� <br />W <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />��� <br />�D�� <br />� � <br />� <br />� f�' <br />1-�� <br />�' ►�\ <br />C� 4 � D, '- <br />� i "' e� , � <br />�� Q ;.�_ � <br />:.o '- W <br />rn <br />� _o <br />L) ^� <br />� � <br />r:� <br />� <br />; ,t ' �� F--.' <br />� c� W <br />e�n <br />� o ��— rv <br />� <br />� � <br />� � <br />C � <br />� � <br />� �� <br />-< � <br />o � <br />� A <br />� � <br />�. cs� <br />r � <br />r z�. <br />� <br />� <br />� <br />Cts <br />� <br />O <br />n� <br />O <br />� <br />1'� <br />O <br />o� <br />C.1 <br />t —� <br />� <br />d <br />� <br />�. <br />;�.r <br />;� <br />�� <br />VVHEN RECORDED MAIL TO: <br />CITIZENS BANK & TRUST COMPANY � <br />ST PAUL BRANCH ��� <br />721 7TH ST J <br />PO BOX 385 <br />ST PAUL NE 68873 FQR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August '!5, 2011, among LARRY JIM PROWETT and JANET <br />MARLETA PROWETP, HUSBAND AND WIFE; husband and wife ("Trustor"); CITIZENS BANK & <br />TRUST COMPANY, whose address is.. ST PAUL BRANCH,. 721 7TH ST , PO BOX 385, ST <br />PAUL, NE 68873 (referred to below sometimes es "Lender" and sometimes es "Beneficfary"); <br />and CITIZENS BANK & TRUST COMPANY, whose address is 721 7TH ST - PO BOX 385, ST <br />PAUL, NE 68873 (referred to below es "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor convays to Trustea in trust, WITH POWER OF SALE, <br />for the benefit of Lender aa Beneflctary, all of Trustor's right, title, and interest in and to the following described real <br />property, together with ell existing or subsequently erected or affixed buildings, improvements and fiutures; ell <br />easements, rights of wey, snd appurtenances; all water, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rights); end all other rights, royalties, and profits relating to the real pro�erty, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (th9 ° Real PI'Op�1'ty ) IOCeted in HALL <br />County, State of Nebraska: <br />LOT SIX (6), OF GILBERT'S SUBDIVISION OF BLOCK ONE (11 OF GILBERT'S SECOND <br />�►DDITIOIV TO THE OF GRAND ISLAND, HALL COUNTY, NEBFiASKA. <br />The Real Property or its address is commonly known as 1704 IV EDDY ST, GRAND ISLAND, <br />NE 68801. <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 commltment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />Trustor, together with all interest thereon. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <br />interest in and to all present 'and future leases of the Property and all Rents from the Property. In addition, Trustor <br />grants to Lender e Uniform Commercial 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 <br />PERSONAL PROPERTY, IS. GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS (31VEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as atherwise 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 perform all of <br />Trustor's obligations under the Note, this Deed of Trust, end 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 Event of Default, Trustor may (1) remain in possession and <br />control of the Property; (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 good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Lews. Trustor represents end warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustar has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) eny breach or violation of any Environmental Laws, (b) eny use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous 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 ktnd by any person relating to such matters; and (3) Except as previously <br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, egent or other <br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous <br />Substence on, under, ebout or from the Property; and (b) any such activity shall be conducted in compUance with <br />all applicable federal, state, and local laws, regulations and ordinences, including without Iimitetion all <br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br />inspections and tests, at Trustor's expensa, as Lender may deem approprfate to determine compllance of the <br />Property with this section of the Deed of Trust. Any tnspections or tests made by Lender shall be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or <br />