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<br /> WHEN RECORDED MAIL TO:
<br /> Pinnacle Bank-KMN
<br /> HASTINGS OFFICE
<br /> 530 N BURLINGTON AVE
<br /> PO BOX 2178
<br /> HASTINGS,NE 68901 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated August 22, 2013, among BRIAN J. STOCK and DAWN N.
<br /> STOCK, husband and wife, whose address is 205 SUNNY DRIVE, DONIPHAN, NE 68832 ,
<br /> ("Trustor"); Pinnacle Bank - KMN, whose address is HASTINGS OFFICE, 530 N BURLINGTON
<br /> AVE, PO BOX 2178, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and
<br /> sometimes as "Beneficiary"); and PINNACLE BANK, whose address is 530 N BURLINGTON,
<br /> HASTINGS,NE 68901 (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 /> LOT NINE (9), WHITES SUNNY SLOPES SUBDIVISION, HALL COUNTY, NEBRASKA.
<br /> The Real Property or its address is commonly known as 205 SUNNY DRIVE, DONIPHAN, NE
<br /> 68832.
<br /> REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including,without limitation, a revolving
<br /> line of credit,which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of
<br /> the Credit Agreement. Such advances may be made, repaid,and remade from time to time,subject to the limitation
<br /> that the total outstanding balance owing at any one time,not including finance charges on such balance at a fixed or
<br /> variable rate or sum as provided in the Credit Agreement, any temporary overages. other charges, and any amounts
<br /> expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the Credit
<br /> Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the
<br /> Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any
<br /> intermediate balance.
<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 /> EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS
<br /> GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any"one action" or"anti-deficiency"
<br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br /> deficiency to the extent Lender is otherwise entitled to a claim for deficiency,before or after Lender's commencement
<br /> or completion of any foreclosure action,either judicially or by exercise of a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Borrower shall pay to Lender all
<br /> Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their
<br /> respective obligations under the Credit Agreement,this Deed of Trust,and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br /> possession and use of the 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 12) 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
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