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Retum to: Bacon <br />PO Box 208, <br />inton, LLC <br />enburg, NE 69138 <br />Section 33: SW1 /4SW1 /4 <br />DEED OF TRUST <br />THIS DEED OF TRUST is made on 2 -6 $ , 2015 The Trustor is Starostka Group <br />Unlimited, Inc., a Nebraska Corporation, 429 Industrial Lane, Grand Island, NE 68803, hereafter <br />designated as BORROWER. The Trustee is Steven P. Vinton, Attorney at Law, 416 10th Street, <br />Gothenburg, Nebraska 69138. The Beneficiary is Richard Hartman and Patricia Hartman, whose address <br />is 48929 Davis Creek Road, Scotia NE, 68875, hereafter designated as LENDER. BORROWER <br />irrevocably conveys to TRUSTEE, in Trust, with POWER OF SALE, the following: <br />Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska <br />In addition to the real estate described above, Borrower hereby irrevocably conveys to Trustee, in trust, <br />with power of sale, all improvements, irrigation equipment, fixtures, fences, buildings and appurtenances, <br />together with the rents and profits therefrom, subject to easements and restrictions of record, if any, <br />including all the right, title and interest of Borrower in the following: <br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal <br />agreements for the use and occupancy of the Property, including but not limited to, any extensions, <br />renewals, modifications or replacements (Leases). <br />B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, <br />percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, <br />other applicable taxes, insurance premium contributions, liquidated damages following default, <br />cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, <br />accounts, contract rights, general intangibles, and all rights and claims which Borrower may have that in <br />any way pertain to or are on account of the use or occupancy of the whole or any part of the Property <br />(Rents). <br />In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will <br />also be regarded as a security agreement under the Nebraska Uniform Commercial Code. <br />Borrower will promptly provide Lender with copies of the Leases and will certify these Leases are true <br />and correct copies. The existing Leases will be provided on execution of the Assignment, and all future <br />Leases and any other information with respect to these Leases will be provided immediately after they are <br />executed. Borrower may collect, receive, enjoy and use the Rents so long as Borrower is not in default. <br />Borrower will not collect in advance any Rents due in future lease periods, unless Borrower first obtains <br />Lender's written consent. Upon default, Borrower will receive any Rents in trust for Lender and Borrower <br />will not commingle the Rents with any other funds. When Lender so directs, Borrower will endorse and <br />deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at <br />Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, <br />and other necessary expenses. Borrower agrees that this Security Instrument is immediately effective <br />between Borrower and Lender and effective as to third parties on the recording of this Assignment. <br />As long as this Assignment is in effect, Borrower warrants and represents that no default exists under the <br />Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and <br />landlords and tenants. Borrower, at its sole cost and expense, will keep, observe and perform, and require <br />all other parties to Leases to comply with the Leases and any applicable4 law. <br />If Borrower or any party to the Lease defaults .)r fails to observe any applicable law, Borrower will <br />promptly notify Lender. If Borrower neglects or Defuses to enforce compliance with the terms of the <br />