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m <br /> --1 <br /> �,,) U --1 :-n <br /> = ry ::'1 <br /> c� z �-a <br /> r— - <br /> r rn cp E:J <br /> 2 -. -� n cD t <br /> 0 " TA - r -- <br /> > <br /> coo Cs) -.c co t <br /> CJl CFI ) <br /> W i cn C� ,. <br /> c1' <br /> 1 <br /> WHEN RECORDED MAIL TO: I°� <br /> First Dakota National Bank �� <br /> First Dakota-Yankton Downtown 5 + <br /> 225 Cedar Street <br /> PO Box 156 <br /> Yankton.SD 57078 FOR RECORDER'S USE ONLY, <br /> DEED OF TRUST <br /> THIS DEED OF TRUST is dated July 23, 2013, among John A Panowicz aka John Panowicz <br /> and Santa A Panowicz aka Suite Panowicz, whose address is 7801 N Cameron Rd, Carlo, NE <br /> 68824-9503; husband and wife ("Trustor"); First Dakota National Bank, whose address is First <br /> Dakota-Yankton Downtown, 225 Cedar Street, PO Box 156, Yankton, SD 57078 (referred to <br /> below sometimes as "Lender" and sometimes as "Beneficiary"); and First Dakota National Bank, <br /> whose address is 225 Cedar St PO Box 156, Yankton, SD 57078 (referred to below as <br /> �, "Trustee"). <br /> te CONVEYANCE AND GRANT. For valuable consideration,Trustor conveys to Trustee in trust,WITH POWER OF SALE, <br /> (i) for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br /> i property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all <br /> `J easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br /> 1." ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without <br /> r' limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, <br /> State of Nebraska: <br /> Parcel 1: The Southeast Quarter (SE1/4) of Section Twenty One (21), Township Twelve <br /> (12) North, Range Eleven (11) West of the 6th P.M., Hall County, Nebraska EXCEPT that <br /> portions more particularly described in Deed Recorded in Book 82, Page 605; Deed recorded <br /> as Document No. 83-003267; Deed recorded in Book 4, Page 237; Deed recorded as <br /> Document No. 98-102749; Deed recorded as Document No. 98-102750; Deed recorded as <br /> Document No. 98-102751; Deed recorded as Document No. 98-102752; Deed recorded as <br /> Document No. 98-102753; Deed recorded as Document No. 98-102754; Deed recorded as <br /> Document No. 98-102755 and Deed recorded as Document No. 98-102756 and EXCEPT <br /> All that part of the South Half of the Southeast Quarter (S1/2SE1/4) lying South of US <br /> Highway No. 2 and the Railroad Right of Way of Section Twenty One (21), Township <br /> Twelve (12) North, Range Eleven (11) West of the 6th P.M., Hall County, Nebraska <br /> Parcel 2: The Southwest Quarter (SW 1/4) of Section Eleven (11), Township Twelve (12), <br /> North, Range Twelve (12) West of the 6th P.M., Hall County, Nebraska. <br /> The Real Property or its address is commonly known as Hall County, NE. <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 /> 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 Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />