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2� 1 ��5542
<br /> INHEN RECaRDED IIAAIL T�;
<br /> Ex�hange Bank
<br /> Gibbon Branch
<br /> '14 LaBerre Stree#
<br /> P� g4x�so
<br /> Gibbon,1VE G8$40 FOR RE��RDER'S USE�NLY
<br /> �.r ��r��r�i■ i■� �������� �r ■ ���n�i��.� i� �rn
<br /> DEED �F TRUST
<br /> TH�S DEED �F TF�UST is dated August 25, 2D�6, among KIRK L HARTIUTAIVN and �YNTHIA A
<br /> HARTMANIV, whose address is 7�f78 �LD PDTASH HWY, WD�D R�VER. NE f88�3
<br /> t"Tru�tor"f: Exchange B�n�C. whose address is �ibban Branch, 7 4 LaBarre Street. P� Box 7fiD,
<br /> Gibhon. NE �884� trsferred to b�lvw sometimes as "Lender" and sorr�etimes as "B�neficiary"y:
<br /> and �referred tv belaw as "Trustee"3.
<br /> ��NVEYANCE AND GRANT. For ��lueble consideration. Trusto��on�eys to Trustee in trust, WITH PflWER QF SALE,
<br /> fvr the benefit vf Lender as Ben�fi�iary, all a# Trustor's right, title, and interest in and to the fallowing descrihed real
<br /> property, tvgether with a11 existing ar subsequently erected ar affixed buildings, impro�ements and fixtures; all
<br /> eas�ments, rights ❑i way. and appu�tenances; all water, water rights and ditch rights �including st�ck in utiiities with
<br /> ditch or irrigation rightsy; and all other rights, rvyalties. and profits relating to the real prape�ty, including without
<br /> limitation a�# minerafs. oil, gas, g�otherrna� and s�milar matt�rs, �the r�Real Property"� Ivcated in Ha!! Caunty.
<br /> State �f Nel�raska:
<br /> Lot ❑ne �1�, B & � Subdivision, Hal� C�unty, Nebraska
<br /> The Real Praperty or its address is comm�nly known as 1'1�78 W �Id Potash Hwy, 1Nood
<br /> Ri�er, NE �8�83.
<br /> Trustar presently assigns to L�nder talso knvwn as Beneficiary in this ❑eed vf Trus�f a�l ❑fi Trustvr's right, title, and
<br /> interest in and to �!� present and �uture leas�s of the Property and a!I Rents firom the Property. �n addition, Trustor
<br /> grants to Lender a Unifvrm Commercial Cvde security interest in th� Personal Praperty and Rents.
<br /> TH15 DEE�❑F TFiUST, INCLL�QING THE ASSIGNNIENT�F RENTS AND THE SE�URITY 1NTEREST 1N THE RENTS AND
<br /> PERSQNAL PR�PERTY, 15 GIVElV Tn SECURE �A] PAYMENT❑F THE �lVDEBTEDNESS AND {Bj PERF�RMANCE dF
<br /> ANY AND ALL �BL�GATI�NS UNDER THE N�TE, THE RELATED DD�IIMENTS, AND THIS DEED �F TRUST. THIS
<br /> DEED��TRUST IS CIVEN AND ACCEPTE�ON THE FOLLOWING TERMS:
<br /> TRUSTDR'S REPRESENTATIQNS AND 1NARRANTIES. Trustor warrants that: �af this Deed of Trust is executed at
<br /> Bvrrower's request and not at the request a� Lender; �bf Trustor has the full power. right, and authority ta ent�r into
<br /> this ❑eed of Trust and to hypothecate the Praperty; �cy the pro�isians af this Deed af Trust dv nvt conflict with. ❑r
<br /> resu�t in a default under any agrsement vr other instrurnent binding upon Trustvr and do nvt result in a �iolation of any
<br /> law, regulation, court decree vr arder applicable tv Trustvr; {df Trustar has established adequate means of ohtain�ng
<br /> fram 8orrvwer vn a c�ntinuing basis intarrnat�on abaut Barrower's �inan�ial candition; and �e� Lender has made no
<br /> representatian to Trustor about Borrower�including without�imitation th� creditworthiness�f Borrovuer}.
<br /> TRUST�R'S WAIVERS. Trustor wai�es all rights or defenses arising �y reason of any "one actian" ar "anti-deficiency"
<br /> law, or any �ther law which may pre�ent Lender frvm bringing any a�tion against Trustar, including a claim fvr
<br /> de#iciency �o the extent Lender is otherwise entit�ed tv a claim fvr deficiency, befare or after Lender`s commenc�ment
<br /> or cvmpletion of any foreclosure activn, either judicially�r by exer�ise of a porrver of sale.
<br /> PAYMENT AND PERFaRMANCE. Except as otherwxse pro�ided tn this Deed of Trust� Barrower sha�1 pay to Lende�all
<br /> lndebtedness secured by this Deed of Trust as it hecvmes due, and Borrower and Trustor shall perfarm all their
<br /> respecti►►e❑�ligations under the Note. this ❑eed of Trust� and th� Related Dv�uments.
<br /> POSSES5I�N AND IVIAINTENANCE �F THE PR�PERTY. 8vrrvwer and Trustor agree that B�rrower's and Trustor's
<br /> possessian and use v#the Pcopsrty shall be go�erned by the follvwing pfo�isions:
<br /> Possession and Use. Until the accurrence o# an E�ent of Default. Trustor may �1� remain in pvssession and
<br /> cantra�of the PrvRerty; �2� use, operate or manage the Praperty; and �3� co!le�i the Ren�s frvm the Property.
<br /> Duty ta IVlain#ein. Trustor shall maintain the Property in tenantable condition and prvrnptly perfvrm all repairs,
<br /> replacements, and maintenan�e nec�ssary ta preser�s its►►alue.
<br /> Compliance Vllith En�ironmental Laws. Trustvr represents and warrants ta Lender that: �1 y During the p�riad o�
<br /> Trustor's awnership af the Praperty, there has been no use, generation, manufacture. storage, treatment,disposat,
<br /> release vr threatened release of any Hazardous 5uhstance by any persan an� under. abaut ❑r frvm the Property;
<br /> {2y Trustar has na knowledge vf, vr reasan tv belie�e that ther� has been, except as pre�iausly disclosed to and
<br /> acknawledged by Lender in writing� �af any bre�ch �r �i�lativn of any En►►irvnrnental Laws, �b� any use,
<br /> generatian, manu�acture, stvrage, treatment. disposal, release or threatened �eleas� o# any Hazardous Substance
<br /> vn, under. about or from the Property by any prior owners or oc�upants of the Property, or �c� any actual or
<br /> threatened litigatian ar �laims v# any kind hy any persan relattng to such matters; and �3� Except as pre�ivusly
<br /> disclas�d to and a�knowledged by Lender in writing. �a� neither Trustor nor any tenant, cantractor, agent ar other
<br /> autharized user of the Property shalf use, generate, manufacture. stvr�, treat, dispose o#or release any Hazardous
<br /> Suhstance❑n, under, about or from the Property; and (bj any su�h a�ti�ity shall be conducted in cvmpliance w�th
<br /> a!I applicab�e federal. state, and Ivca! laws, regulatians and ordinances. including with�ut limitation all
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