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— <br />� <br />N � <br />0 � <br />� � <br />N � <br />0 � <br />� <br />B � <br />� � <br />� <br />� <br />'�;4 A�. e . M <br />� n. � . , '� �� � <br />� <br />� <br />A � .. <br />� � <br />� <br />� <br />Y <br />S� <br />� <br />r <br />r � <br />p � �r- <br />� [, <br />rn `+'t � <br />c� L__ <br />C ,� r �� <br />� <br />rn <br />� <br />o (-��, <br />c� �' .. <br />� � �� <br />� S <br />r .� <br />a. .—� <br />�.r <br />^V <br />�.= <br />:� <br />►--a <br />C1�I <br />� <br />� <br />f--� <br />s-7 <br />cn <br />� <br />� � <br />O —{ <br />c n <br />� rn <br />-� <br />-< o <br />o - n <br />� � <br />-.- rn <br />D m <br />r � <br />r n <br />cn <br />� <br />D <br />cn <br />� <br />u <br />�r <br />� <br />s <br />p. <br />�.x <br />•. �. <br />� � <br />.. <br />� <br />WHEN RECORDED MAIL TO: <br />� , PINNACLE BANK C � <br />�I CENTRAL CITY OFFICE �° �, C� <br />���� 320 G ST �` <br />PO BOX 28 <br />CENTRAL CITY, NE 68826 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 4, 2012, among LARRY G BUSS and DONNA J BUSS, <br />husband and wife, whose address is 3300 W PRAIRIE LAKE ROAD, HASTINGS, NE 68901 <br />("Trustor"►; PINNACLE BANK, whose address is CENTRAL CITY OFFICE, 320 G ST, PO BOX <br />28, CENTRAL CITY, NE 68826 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and PINNACLE BANK, whose address is 320 G STREET, PO BOX 28, CENTRAL <br />CITY, NE 68826 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in Vust, 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 ell 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 rights); 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 ° R@el P�Opel'ty IOCBted in HALL <br />County, State of Nebraska: <br />LOT 3, BLOCK 11, CHARLES WASMER'S ADDITION TO THE CITY OF GRAND ISLAND, <br />IiALL COUNTY, iVEBRASKA. <br />The Real Property or its address is commonly known as 1511 W DIVISION STREET, GRAND <br />ISLAND, NE 68801. <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 GIVEIV TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON <br />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 end 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 good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so <br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, <br />treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental <br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as <br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event <br />Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and <br />hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of <br />Trust. This obligation to indemnify end defend shall survive the payment of the Indebtedness and the satisfaction <br />of this Deed of Trust. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums <br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the <br />Real Property, or any interest in the Real Property. A°sale or transfer" means the conveyance of Real Property or any <br />right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; <br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a <br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in <br />