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�� � �� N � B � � �� � � � � �� �� �� �� � . � � � � � rv u 2 �'--` D �a � ,�? ��- � � fti9 r. � � °- . F-` �++' � � (p G� N -. - -1 � � rn :a � � ti � o � � � n N � --i c n z --i -i m � 0 O 'T1 � L z : J=^ '. J r~ � r n c; � �: v v� � O � 0 � C,O C.O u � � � �:� �� �� �� ,T � c :� WHEN RECORDED MAIL TO; Exchange Bank P.O. Box 760 � #14 LaBarre S Gibbon, NE 68840 _FOR RECORDER'S USE ONLY �� DEED OF TRUST THIS DEED OF TRUST is dated December 2, 2011, among G�ry R. Jecobson, Lloyd B. Gunderson and Carol J. Gunderson, not personally but as Trustees on behalf of Jocar Living Trust ("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as "Beneflciary"); and Exchange Bank-Gibbon, whose address is P.O. Box 760, Gibbon, NE 68840 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utiUtiea with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property , including without limitation all minerals, oil, gas, geothermal and similar matters, (th� "Real Property IOCeted '1� Hel) COUllty, State of Nebraska: ' See Exhibit "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Pro�erty or its address is commonly known as Grand Island, NE 68801. CROSS-COLLATERALIZATION. In addition to the Note, thfs Deed of Trust secures ell obligations, debts and ifabilftles, plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all clalms by Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arlsing, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor may be liable individually or jointiy with others, whether obligated as guarantor, surety, eccommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become berred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter mey become otherwise unenforceable. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances mede by Lender to Borrower or Trustor whether or not the advances ere made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in eddition to the amounts specified in the Note, all future emounts Lander in its discretion may loan to Borrower or Trustor, together with all interest thereon. Trustor presently assigns to Lender (also known as Beneficiary (n this Deed of Trust) all of Trustor's right, title, end interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMEMT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIQATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWINQ TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and 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 Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under eny agreement or other instrument binding upon Trustor and do not result in a viotatJon of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has mede no representation to Trustor about Borrewer (including without limitation the creditworthiness of Borrowerl. TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or °anti-deficiency° law, or any other law which may prevent Lender from bringing any action against Trustor, including a cleim for deficiency-to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or complation of any toreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwisa providad in this Deed of Trust, Borrower and Trustor shall pay to Lender ali Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession end use of the Property shali be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.