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<br /> WHEN RECORDED MAIL TO:
<br /> Exchange Bank
<br /> Allen Drive Branch
<br /> 1204 Allen Or
<br /> PO Box 5793
<br /> Grand Island.NE $8842 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated March 28, 2013, among RHOADS ENTERPRISES INC, A
<br /> Nebraska Corporation ("Trustor"); Exchange Bank, whose address Is Allen Drive Branch, 1204
<br /> Allen Dr, PO Box 5793,Grand Island,NE 68802(referred to below sometimes as "Lender" and
<br /> sometimes as "Beneficiary"); and Exchange Bank . whose address is PO Box 5793, Grand
<br /> island, NE 68802(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 County,
<br /> State of Nebraska:
<br /> Lot 171,West Lawn, an addition to the City of Grand Island, Hall County, Nebraska
<br /> The Real Property or its address is commonly known as 1516 N Huston Ave, Grand Island, NE
<br /> 68803.
<br /> CROSS•COLLATERALI7.ATION. In addition to the Note,this Deed of Trust secures all obligations,debts and liabilities,
<br /> plus interest thereon,of Truator 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 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 Rants 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 (AI PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF
<br /> ANY AND ALL OBLIGATIONS 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 ea 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 Dead 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 Usa. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br /> control of the Property; (21 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 Envlronmerrtal 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 /> 121 Trustor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generation, manufacture,storage,treatment,disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters;and I3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous
<br /> Substance on,under,about or from the Property;and (b) any such activity shall be conducted in compliance with
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