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N <br />co <br />WHEN RECORDED MAIL TO: <br />Town & Country Bank <br />Ravenna <br />PO Box 40 <br />Ravenna, NE 68869 <br />FOR RECORDER'S USE ONLY <br />CONSTRUCTION DEED OF TRUST <br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT <br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT <br />THIS DEED OF TRUST is dated April 3, 2015, among JOHN D HADENFELDT and REBECCA K <br />HADENFELDT; AS HUSBAND AND WIFE ( "Trustor "); Town & Country Bank, whose address is <br />Town & Country Bank Main Office, 423 Grand Avenue, P.O. Box 40, Ravenna, NE 68869 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Town & <br />Country Bank, whose address is PO Box 40/ 423 Grand Ave, Ravenna, NE 68869 (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 <br />County, State of Nebraska: <br />A TRACT OF LAND COMPRISING A PART OF THE NORTHEAST QUARTER OF THE <br />NORTHWEST QUARTER (NE 1/4 NW 1/4) OF SECTION TWENTY EIGHT (28), TOWNSHIP <br />TWELVE (12) NORTH, RANGE TWELVE (12) WEST OF THE 6TH P.M., HALL COUNTY, <br />NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE <br />NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER <br />(NE 1/4 NW 1/4); THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 28, A <br />DISTANCE OF 425.0 FEET; THENCE DEFLECTING RIGHT 94° 28' AND RUNNING <br />SOUTHWESTERLY, A DISTANCE OF 594.0 FEET; THENCE DEFLECTING RIGHT 85° 18' <br />35" AND RUNNING WESTERLY A DISTANCE OF 388.32 FEET TO THE WEST LINE OF <br />SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER (NE 1/4 NW 1/4); THENCE <br />NORTHERLY ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF THE <br />NORTHWEST QUARTER (NE 1/4 NW 1/4), A DISTANCE OF 593.9 FEET TO THE PLACE OF <br />BEGINNING <br />The Real Property or its address is commonly known as 17675 W WHITE CLOUD ROAD , <br />CAIRO, NE 68824. The Real Property tax identification number is 400247860. <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 />CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9 -334 <br />and 2A -309 of the Uniform Commercial Code, as those sections have been adopted by the State of Nebraska. <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 />