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. l r <br />20�20132G <br />WHEN RECORD�D MAIL TO: <br />Exchange Bank <br />P.O. Box 760 <br />#14 LaBarre <br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 16, 2012, among JERRON M SUCK, and LINDSAY M <br />SUCK, Husband and Wife as Joint Tenants, whose address is 14570 W PLATTE RIVER DR, <br />KENESAW, NE 68956 ("Trustor"►; Exchange Bank, whose address is P.O. Box 760, #14 <br />LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Exchange Bank, whose address is P.O. Box 760, Gibbon, NE 68840 <br />(referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable conslderatlon, Trustor conveys to Trustee in trust, WITH POWER' OF SALE, <br />for the beneflt of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following desbribed real <br />property, together with all existing or subsequently erected or affixed buildings, improvements and fiDCtures; 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, royaltias, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real P�oper'iy" located in Hall County <br />State of Nebraska: <br />The Southeast auarter (SE1/41; AND Lots Six (6) and Seven (7) of the County Subdivision <br />of Lots Three (31, Four (4) and Five (5) and of the South Half of the Southwest Quarter <br />(S1/2SW1/4); all lying South of the South Channel of the Platte River on the mainland in <br />Section Twenty-Five (25), Township Nine (9) North, Range Twelve (12) West of the 6th <br />P.M., Hall County, Nebraska. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilitias, <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. <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 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 (6) 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 PERFORfY17aNCE. Excep: as otFerwi�e providad 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 ma�ner 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 possessibn 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 fro�n the Property. <br />Duty to Malntain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compllance With Envtranmental Laws. Trustor represents and warrants to Lender that: (1) Quring 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 />