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<br />WHEN RECORDED MAIL TO: R7',�/,�/dv
<br />Richardson County Bank & Trust Co.
<br />Fells Clty Branch
<br />1616 Harlan Street
<br />Falls Ciri, NE 68355 FOR RECORDER'S USE ONLY
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEAIVING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $140,000.00.
<br />THIS DEED OF TRUST is dated February 21, 2012, among TRACY S. RHODUS and ROBIN E.
<br />RHODUS, HUSBAND AND WIFE, whose address is 1703 HENRY STREET, GRAND ISLAND, NE
<br />68803 ("Trustor"1; Richardson County Bank & Trust Co., whose address is Falls City Branch,
<br />1616 Harlan Street, Falls City, NE 68355 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"); and Richardson County Bank and Trust Company, whose address
<br />is 1616 Harlan Street, Falls City, NE 68355 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideretion, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneflciary, all of Trustor's right, title, and interest in and to tha 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 appurtenancas; 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 pro�erty, including without
<br />limitation all minerals, oil, gas, geothermel and similar matters, (the "Real Propel'ty ) IoCated In HALL
<br />County, State of Nebraska:
<br />LOT 1, SHEEKS SUBDIVISION, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as CAIRO, NE 68824. The Real Property
<br />tax identification number is 400493008.
<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 eny 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 unliquidatad, whether Trustor may be liable individually or jointly with others,
<br />whether obligated es 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 eddition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor
<br />whether or not the advances are mede 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) ail of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property and ell 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 PERFORMANCE. Except as otherwise 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 ell of
<br />Trustor's obligations undar the Note, this Deed of Trust, and the Related Documents.
<br />CONSTRUCTION MORTGAGE. This Deed of Trust is a"construction mortgage" for the purposes of Sections 9-334
<br />and 2A-309 of the Uniform Commerciel 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; end (3) collect the Rents from the Property.
<br />Duty to Maintatn. Trustor shell maintain the Property in good condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Lews. 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;
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