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<br />WHEN RECOFiDED MAIL TO:
<br />PINNACLE BANK /Q?'1It'�E,` {�
<br />AURORA MAIN OFFICE
<br />1234 L ST
<br />PO BOX 229
<br />AURORA, NE 68818 FOR RECORDER'S USE ONLY
<br />COIVSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $188,900.00.
<br />THIS DEED OF TRUST is dated 11/08/2011, among JASON D SMITH and ANGELA R SMITH;
<br />HUSBAND AND WIFE ("Trustor"); PINNACLE BANK, whose address is AURORA MAIN OFFICE,
<br />1234 L ST, PO BOX 229, AURORA, NE 68878 (referred to below sometimes as "Lender" �nd
<br />sometimes as "Beneficiary"); and PINNACLE BANK, whose address is 1234 L STREET,
<br />AURORA, NE 68818 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideratlon, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benafit 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 subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, and appurtenances; all water, 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 property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the ° ReaI,,,P�ope1'ty") IOCated 'In HALL
<br />County, State of Nebraska:
<br />LOT ELEVEN (17 ) HOFFMAN SECOND SUBDIVISION, ANI �►DDITION TO �'HE VILLAGE OF
<br />DONIPHAN, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 420 E PLUM , DONIPHAN, NE 68832.
<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 edvances are made pursuant to a commitment. 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 essigns 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 end future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commerciai Code security interest in the Personel 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 (6) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT
<br />OF RENTS AND THE SECURITY 1111TEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE
<br />ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN
<br />TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE COIVSTRUCTION LOAN
<br />AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF
<br />DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING
<br />TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />emounts 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, and the Related Documents.
<br />CONSTRUCTION MORTGAGE. This Deed of Trust is a"construction mortgage" for the purposes ot Sections 9-334
<br />and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Nebraska.
<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 Mairrtain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so
<br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage,
<br />treatment, disposal, release or threatened release of eny Hazardous Substance in violation of any Environmental
<br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as
<br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event
<br />Trustor becomes liable for cleanup or other costs under any such laws, and 12) agrees to indemnify, defend, and
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