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<br /> WHEN RECORDED MAIL TO:
<br /> Exchange Bank •
<br /> Allen Drive Branch
<br /> 1204 Allen Dr
<br /> PO Box 5793
<br /> Grand Island.NE 68802 FOR RECORDER'S USE ONLY
<br /> •
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated August 16, 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. 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 relatin to the real:property, includirig.,without
<br /> limitation all minerals,oil,gas,geothermal and similar matters,(the "Real Property").located,in,Hall County,
<br /> State of Nebraska:
<br /> Lot Six (6), Jack Voss Horse Country Club Subdivision, City of Grand Island, Hall'County,
<br /> Nebraska(Parcel 400165090).
<br /> The Real Property or its address is commonly known as 2830 Northwest.Avenue, Grand
<br /> Island,NE 68803. •
<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..joihtly,°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 N INTEREST 114 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
<br /> OF TRUST:'THIS
<br /> DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> •
<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; 12) 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 /> 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 fromvthe'Property;
<br /> (2) 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 (?).-Except as,prevlously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,.agent-or other
<br />
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