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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.o. Box �60 ,�p �'b
<br />#14 LaBarre �
<br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated January 18, 2012, among Encinger Enterprises, LLC, whose
<br />address is 1915 S Arthur Street, Grand Island, NE 68803 ("Trustor"1; Exchange Bank, whose
<br />address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"); end Exchange Bank, whose address is P.O. Box
<br />760, Gibbon, NE 68840 (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 benefit of Lender as Beneficiary, all of Trustor's right, title, end interest in and to the following described real
<br />proparty, together with all existing or subsequently erected or affixed buildings, improvements end fixtures; all
<br />easements, rights of way, and eppurtenences; all water, water rights and ditch rights (including stock in utilities wtth
<br />ditch or irrigation rights►; and all other rights, royalties, and profits relating to the real prope mcluding without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (th� ° R�81 PI'Op�l'ty IOCBt� in Hall County
<br />State of Nebraska:
<br />Lot Eleven (11), Block Two (2), Dickey Third Subdivision, in the City of Grand Island, Hall
<br />County, Nebraska
<br />The Real Property or its address is commonly known as 2664 O'Flannagan, Grand Island, NE
<br />68803.
<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 advences are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust
<br />secures, in addition to the amounts specified in the Note, ell 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, end
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In eddition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSI(3NMENT 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 PERFORMANCE. Except as otherw(se prov(ded 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 fn a timely menner 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 posseasion and
<br />control of the Property; (2) use, operate or menage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable conditian 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, treatmant, disposal,
<br />release or threatened release of any Hazardous Substance by eny person on, under, about or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe thet 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 />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 eny person relating to such matters; and (3) Except as prev(ously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generate, menufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in complience with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation 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 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 and shall not be construed to create any responsibility or liebility 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 Hazerdous Substances. Trustor hereby (1) releases and waives any future claims
<br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />�1 `Il
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