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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 November 27, 2013, among JONATHAN M SMITH and
<br /> MELANIE A SMITH, husband and wife, whose address is 308 RENEE RD, DONIPHAN, NE
<br /> 68832-9797 ("Trustor"); Pinnacle Bank - KMN, whose address is HASTINGS OFFICE, 530 N
<br /> BURLINGTON AVE, PO BOX 2178, HASTINGS, NE 68901 (referred to below sometimes as
<br /> "Lender" and sometimes as "Beneficiary"); and PINNACLE BANK, whose address is 530 N
<br /> BURLINGTON, 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 THIRTY-THREE (33), AMICK ACRES WEST SUBDIVISION, HALL COUNTY,
<br /> NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF
<br /> The Real Property or its address is commonly known as 308 RENEE ROAD, DONIPHAN, NE
<br /> 68832. The Real Property tax identification number is 400385503.
<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 Trustor so long as Trustor complies with all the terms of the
<br /> Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that
<br /> 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 /> 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 Credit Agreement,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; (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 (2) 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
<br /> Trust. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction
<br /> of this Deed of Trust.
<br /> DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br />
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