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TO: � <br />Exchange Bank ° � <br />Gibbon Branch � � <br />14 LaBarre Street /��j <br />PO Box 760 ( � <br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 29, 2012, among JAMES G THOMPSON, A Single Person <br />("Trustor"); Exchange Bank, whose address is Gibbon Branch, 14 LaBarre Street, PO Box 760, <br />Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"►; <br />and Exchange Bank, whose address is POB 760, Gibbon, NE 68840 (referred to below as <br />"Trustee" ). <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 P�operty") IOCated in HALL <br />County, State of Nebraska: <br />THE SOUTH HALF OF THE SOUTHEAST O.UARTER (S1/2SE1/4) OF SECTION TWENTY <br />FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TWELVE (12) WEST OF THE 6TH <br />P.NI., HALL COUNTY, NEBRASKA, �XCEf�?IN� 7'FIEFiEFFiOilfi �FiAGTS OF �ND <br />CONVEYED TO THE STATE OF NEBRASKA FOR HIGHWAY RIGHT OF WAY PURPOSES BY <br />DEEDS RECOFiDED IN BOOK 78, PAGE 2�a4�; IIV BOOK 120, PAGE �A31; IN BOOh 150, <br />PAGE 366 AND EXCEPT LOT ONE (1), THOMPSON SUBDIVISION, HALL COURITY, <br />NEBRASKA <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 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 allinterest 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 />AMY AND /lLL OFiL�GATIOtUS 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 />?��;cr�,r'<: �bliclations under.the Note, this De9d of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustar's possession and use of che <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 Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to proserve its value. <br />Compllance With Enviranmental 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 orthreatened release of any Hazardous Substance by any person on, under, abuut orfrom the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />