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WHEN RECORDED MAIL TO:
<br />First Dakota National Bank
<br />First Dakota - Yankton Downtown
<br />225 Cedar Street
<br />PO Box 156
<br />Yankton, SD 57078
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<br />FOR RECORDER'S USE ONLY L . 0
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time
<br />$2,450,000.00.
<br />THIS DEED OF TRUST is dated December 29, 2014, among Donald F Moss and Donna L Moss,
<br />husband and wife, as joint tenants and not as tenants in common, whose address is 1410
<br />Sheridan Place, Grand Island, NE 68803 ( "Trustor "); First Dakota National Bank, whose address
<br />is First Dakota - Yankton Downtown, 225 Cedar Street, PO Box 156, Yankton, SD 57078
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and First Dakota
<br />National Bank, whose address is 225 Cedar St PO Box 156, Yankton, SD 57078 (referred to
<br />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 County,
<br />State of Nebraska:
<br />The North Half of the Northeast Quarter (N1/2NE1/4) and the Southeast Quarter (SE1 /4) of
<br />Section Twenty (20), Township Ten (10) North, Range Twelve (12) West of the 6th P.M.,
<br />Hall County, Nebraska;
<br />The Southeast Quarter (SE1 /4) of Section Nineteen (19), Township Ten (10) North, Range
<br />Twelve (12) West of the 6th P.M., Hall County, Nebraska;
<br />The Southeast Quarter (SE 1 /4) of Section Twenty -two 122), Township Eleven (11) North,
<br />Range Eleven (11) West of the 6th P.M., Hall County, Nebraska
<br />The Real Property or its address is commonly known as Ag land in 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; (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 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 from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
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