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�� <br />�� <br />�� <br />N � <br />B �� <br />� �� <br />0 <br />� �� <br />- <br />�� <br />- <br />�� <br />�� <br />- <br />� <br />� <br />f :: <br />A � <br />� <br />n � <br />� g <br />�'o <br />v c� cn <br />'_"� C v, N <br />s <br />a r"� Z '-1 <br />r r �'t --� �'^ O <br />r n ,..� o � <br />� � -*� <br />� - o � z F—' � <br />m = rn � �► <br />� D � <br />� � � <br />--� � 1 -r- � � <br />Trt <br />%� �,�,�, <br />d � j � +� <br />"�'1 <br />p ... � �i '�-� ..0 <br />v � � � <br />cn <br />� <br />WHEN RCCQFiDED MAIL TO: <br />Bank of Clarks <br />Farmers State Bank, A Branch of Bank of Clarks <br />2nd & Vine Street <br />P. 0. Box 246 <br />Silver Creek, NE 68663-0246 FOR RECORDER'S USE ONLY <br />. . �T��:��� <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 566,000.00. <br />THIS DEED OF TRUST is dated December 28, 2011, among RR&C, LLC, a Nebraska Limited <br />Liability Company, whose address is 6687 North Engleman Road, Grand Island, NE 68803 <br />("Trustor"); Bank of Clarks, whose address is Farmers State Bank, A Branch of Bank of Clarks, <br />2nd & Vine Street, P. O. Box 246, Silver Creek, NE 68663-0246 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiary"); and Bank of Clarks, whose address is 301 N. <br />Green, P.O. Box 125, Clarks, NE 68628-0125 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefrt 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 rights►; 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 "Real Property") loceted in Hall County, <br />State of Nebraska: <br />Lot One (1) Fetsch Subdivision, in the Village of Alda, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 4361 and 4381 S. Alda Road, Alda, <br />NE 68810. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise 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 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; however, in no event shall such future advances (excluding interest) exceed <br />in the aggregate 566,000.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) aIl 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 a 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 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORRAANCE. Except �s otherwi��s 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, 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 />Possesslon 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 tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value, <br />Compliance With 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, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustor 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) any breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance <br />��D�g�u <br />