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<br /> WHEN RECORDED MAIL TO:
<br /> PINNACLE BANK
<br /> CENTRAL CITY OFFICE
<br /> 320 G ST Ito
<br /> PO BOX 28 I--�
<br /> CENTRAL CITY, NE 68826 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated February 1, 2013, among BRADD RICHTER and MICHELLE
<br /> RICHTER, husband and wife, whose address is 1110 N LINCOLN AVE, 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 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 3890 W ROSEDALE ROAD,
<br /> DONIPHAN, NE 68832.
<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 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 /> 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 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 and 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
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