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201204228 COMMERCIAL REAL ESTATE DEED OF TRUST This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May 1. 1, 2012 by the grantor(s) Steven T. Brockhaus, Husband, whose address is 22400 445th St., Humphrey, Nebraska 68642, Amy J. Brockhaus, Wife, whose address is 22400 445th St., Humphrey, Nebraska 68642 , Terrence C. Brockhaus, Husband, whose address is 44120 250th Ave., Humphrey, Nebraska 68642 , and Stacey R. Brockhaus, Wife, whose address is 44120 250th Ave., Humphrey, Nebraska 68642 ("Grantor")- The trustee is Union Bank & Trust Company whose address is 3643 South 48th Street, Lincoln, Nebraska 68506 ("Trustee"). The beneficiary is Union Bank & Trust Company whose address is 3643 South 48th Street, PO Box 82535, Lincoln, Nebraska 68501-2535 ("Lender"), which is organized and existing under the laws of the State of Nebraska- Grantor in consideration of loans extended by Lender up to a maximum principal amount of Nine Hundred Fifty Thousand and 00/100 Dollars ($950,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the land and property described below - Legal Description: SI/2 N 1/2 SW 1/4 & N 1/2 S 1/2 SW 1/4 of Section 21, Township 9 North, Range 12 West of the 6th P.M., Hall County, Nebraska. The SI/2 of the NW1/4 and the SWI/4 of Section 19, Township I I North, Range 12 West of the 6th P.M_, Hall County, Nebraska. Property Size: 320 acres - Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, tenements, hereditaments, equipment, rents, income, profits :and royalties, personal goods of whatever description and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above- described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites, storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in connection with the above-described real property, payment awards, amounts received from eminent domain, amounts received from any and all insurance payments, and timber which may now or later be located, situated, or affixed on and used in connection therewith (hereinafter called the "Property"). RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions, guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other documents or agreements executed in connection with this Security Instrument whether now or hereafter existing. The Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same force and effect as if fully set forth herein. INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a promissory note or notes of even, prior or subsequent date hereto, including future advances and every other indebtedness of any and every kind now or hereafter owing from Borrower to Lender, howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness"). INCREASED MAXIMUM PRINCIPAL INDEBTEDNESS: Grantor hereby acknowledges that the principal amount shown above will automatically be increased by any future advances or other indebtedness of the Grantor to the Lender. Notwithstanding the foregoing, the parties agree that the total amount which is secured by this Security Instrument shall not exceed $1,900,000 -SS ( B . S tZ 15 (initials) FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if such advances were made on the date of this Security Instruanent regardless of the fact that from time to time there may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. CROSS COLLATERALIZATION_ It is the expressed intent of Grantor to cross coliateralize all of its Indebtedness and obligations to Lender, howsoever arising and whensoever incurred. WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, warrants, covenants and agrees with Lender, its successors and assigns, as follows - Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this Security Instrument and Related Documents in accordance with the terms contained therein. Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is lawfully seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbrances of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally the title to the Property against any and all claims and demands whatsoever, subject to the easements, restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the Property. 02004-2011 Compliance SyslOo Lie_COrO-Mr6-2010LS.75.441 Commercial Real Estate Security instn,-t - DL4007 P.gS 2 uf3 www,<omptiancesys,eina.num