�
<br />�
<br />s
<br />N �
<br />e �
<br />� �
<br />N ��
<br />0 �
<br />�
<br />�
<br />�
<br />�
<br />�
<br />��
<br />��
<br />��
<br />r�
<br />�r
<br />�
<br />�
<br />�
<br />�
<br />���.
<br />���
<br />� , `'`t ��
<br />��
<br />�
<br />�.
<br />_�
<br />n
<br />� -.,
<br />��
<br />�
<br />a
<br />� Tj
<br />r ,• m
<br />� �
<br />o �� N
<br />� �
<br />� � �
<br />r �
<br />�
<br />r' N
<br />�
<br />r�n .. W
<br />ni � �
<br />0
<br />�
<br />c� cn
<br />a �
<br />ca
<br />a rn
<br />--1
<br />"'� O
<br />O ''�
<br />� Z
<br />� rn
<br />D �
<br />r zi
<br />r n
<br />�
<br />�
<br />D
<br />� ._..
<br />Cn
<br />�
<br />N
<br />O
<br />H
<br />N
<br />O
<br />f
<br />�
<br />�
<br />�
<br />�
<br />�
<br />�
<br />.
<br />.�
<br />WHEN RECORDED 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 December 29, 2010, among MICHAEL A PANOWICZ A/K/A
<br />MIKE PANOWICZ and PATRICIA M PANOWICZ A/K/A PATRICIA PANOWICZ, Husband and
<br />Wife as Joint Tenants, whose address is 10288 W WHITE CLOUD RD, CAIRO, NE 68824
<br />("Trustor"1; Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange
<br />Bank, whose address is P.O. Box 760, Gibbon, NE 68840 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable conslderation, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit 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 "Real Property' 1 located in HALL
<br />County, State of Nebraska:
<br />THE SOUTH HALF OF THE NORTHWEST QUARTER (S1/2 NW1/4) AND THE NORTH HALF
<br />OF THE SOUTHWEST QUARTER (N1/2 SW1/4) OF SECTION ELEVEN (11) IN TOWNSHIP
<br />TWELVE (12) NORTH, RANGE ELEVEN (11) WEST OF THE 6TH P.M., HALL COUNTY,
<br />NEBRASKA.
<br />The Real Property or its address is commonly known as CAIRO, NE 68824. The Real Property
<br />tax identification number is 400190451.
<br />CROSS-COLLATERALI2ATION. 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.
<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 (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 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 />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 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 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 />�� � �
<br />�
<br />
|