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WHEN RECORDED MAIL TO: <br />PINNACLE BANK <br />CENTRAL CITY OFFICE <br />320 G ST <br />PO BOX 28 <br />CENTRAL CITY, NE 68826 <br />C,.7 <br />C7 U> <br />O --i <br />C D <br />Fri <br />Cr <br />CD -11 <br />r-) <br />r- <br />r - > <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated November 30, 2012, among JASON L LUEBBE, whose address <br />is 1032 N GUNBARREL RD, GRAND ISLAND, NE 68801 -9053; LORIE A LUEBBE, husband and <br />wife, whose address is 1032 N GUNBARREL RD, GRAND ISLAND, NE 68801 -9053 and <br />MIDLAND AG SERVICE INC, a Nebraska Corporation, whose address is 1012 S SHADY BEND <br />RD, GRAND ISLAND, NE 68801. ( "Trustor "); PINNACLE BANK, whose address is CENTRAL <br />CITY OFFICE, 320 G ST, PO BOX 28, CENTRAL CITY, NE 68826 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiary "); and PINNACLE BANK, whose address is 320 G <br />STREET, PO BOX 28, CENTRAL CITY, NE 68826 (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 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 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 Property ") located in HALL <br />County, State of Nebraska: <br />See EXHIBIT "A ", which is attached to this Deed of Trust and made a part of this Deed of <br />Trust as if fully set forth herein. <br />The Real Property or its address is commonly known as 81 ACRES OF AG LAND IN S -T -R: <br />12 -11 -9, HALL COUNTY, NE. <br />CROSS - COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by <br />Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether <br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br />Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, <br />this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion <br />may loan to Borrower or 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON <br />THE FOLLOWING TERMS: <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency" <br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or completion of any foreclosure action, either judicially or by exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to <br />Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly <br />perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br />possession and use of the 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 />CD <br />CD <br />r W <br />c <br />- <br />