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�� <br />� <br />0 � <br />� � <br />� <br />� - <br />� <br />� � <br />V � <br />� <br />�� <br />� <br />� <br />� <br />� <br />� <br />R <br />I � <br />� �, <br />O <br />x� <br />� <br />r <br />r { , <br />� <br />� �<<- <br />f �° , , <br />t7 i� <br />, - t" <br />' -1 <br />; �� <br />:, <br />� `� ('. � <br />�, S` <br />�, <br />r�� f. <br />t � ) __. <br />�.:, <br />�� � � <br />'" d --� <br />-.� C D <br />� _. Z --i <br />�,- a —+ m <br />-< <br />� <br />'�°.3 <br />� <br />�--� <br />�' .J <br />1—+ <br />0 <br />O '�'1 <br />� Z <br />= fT7 <br />D CD <br />r :v <br />r � <br />c.� <br />� <br />i� <br />Cn <br />C .� <br />N <br />0 <br />�� <br />� <br />C� <br />� <br />_t <br />� <br />`� <br />WHEN RECORDED MAIL TO: <br />Bank of Clarks ' <br />Farmers State Bank, A Branch of Bank of Clarks <br />2nd & �ne Street <br />P. 0. Box 246 <br />Silver Creek, NE 68663-0246 FOR RECORDER'S USE ONLY �� <br />� /�r <br />7 <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5100,000.00. <br />THIS DEED OF TRUST is dated July 11, 2012, among RR&C, LLC, whose address is 6687 <br />North Engleman Road, Grand Island, NE 68803 ("Trustor"); Bank of Clarks, whose address is <br />Farmers State Bank, A Branch of Bank of Clarks, 2nd & Vine Street, P. O. Box 246, Silver <br />Creek, NE 68663-0246 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Bank of Clarks, whose address is 301 N. Green, P.O. Box 125, Clarks, NE <br />68628-0125 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefrt of Lender as Beneflciary, 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 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 "Real Pr'opel'ty") IoCated 'In Hall County, <br />State of Nebraska: <br />See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of 7rust <br />as if fully set forth herein. <br />The Real Property or its address is commonly known as 106 Turner Lane, Cairo, NE 68824. <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. If the Lender is required to give notice of the right to cancel <br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of <br />Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is <br />given. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures aIl 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; however, in no event shall such future advances (excluding interest) exceed <br />in the aggregate $100,000.00. <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 OBLIGATIORlS 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 Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Envlronmental 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 />u <br />1. <br />� <br />� <br />;; <br />i <br />