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in <br />N) ` C <br />C <br />CD <br />0 �... — <br />( <br />e <br />WHEN RECORDED MAIL TO: <br />Exchange Bank <br />Gibbon Branch <br />14 LaBarre Street <br />PO Box 760 <br />Gibbon, NE 68840 <br />C) <br />o - <br />Z w C D <br />v r- z -I <br />r c C- -i m <br />S <br />= r <br />r <br />cn <br />(:0 <br />co <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 24, 2013, among LBE Family Limited Partnership, A <br />Nebraska Partnership, whose address is 716 W 2nd St, Grand Island, NE 68801 ( "Trustor "); <br />Exchange Bank, whose address is Gibbon Branch, 14 LaBarre Street, PO Box 760, Gibbon, NE <br />68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and <br />Exchange Bank, whose address is POB 760, Gibbon, NE 68840 (referred to below as <br />"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 i Hall County, <br />State of Nebraska: <br />Lot Fifteen (15), in Block Two (2), Normandy Estates, an Addition to the City of Grand <br />Island, Hall County, Nebraska; and a tract of land consisting of a portion of Lot Fourteen <br />(14), Block Two (2), Normandy Estates, an Addition to the City of Grand Island, Hall <br />County, Nebraska, said tract being more particularly described as follows: Beginning at the <br />Northeast corner of Lot 14, thence Westerly along and upon the Northerly lot line of said <br />Lot 14, which is also the Southerly boundary line of Coventry Lane, for a distance of Ten <br />(10) feet; thence Southerly and parallel with the Easterly lot line of Lot 14, a distance of <br />137.79 feet, more or less, to the Southerly line of said Lot 14, thence Northeasterly along <br />and upon the Southerly lot line of said Lot 14, a distance of 12.84 feet to the Southeast <br />corner of said Lot 14; thence Northerly along and upon the Easterly lot line of said Lot 14, a <br />distance of 129.74 feet to the place of beginning. <br />The Real Property or its address is commonly known as 1603 Coventry Lane, Grand Island, NE <br />68801. The Real Property tax identification number is 400066327. <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. <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 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 />0 <br />