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2� 1 ��557�
<br /> 1NHEN f�EC�RDED NlAIL TQ:
<br /> Exchange Bank
<br /> Giiabvn Branch
<br /> �4 La6�rre 5treet
<br /> P�Sox 76Q
<br /> Gibban, NE S884D FaR RECORDER'S USE DNLY
<br /> ��.,�,�,.,.,��,�,. _�.,�.,,�.,., „ , ,. . _ ,�..�..��„�
<br /> DEE[] �F TRUST
<br /> THiS DEEa �F T#�UST is dated Augus# �a, ��7�. among KENT L HARTitIIANN and JANET L
<br /> HARTMANN, Husl��nd and Wife �"Trustor"y; Exchange Bank, whos� address is Gibbon Branch.
<br /> 7 4 LaBarre Street, P�3 Box 7��. Gibbon, NE �884� treferred to helow somet�mes as "Lender"
<br /> and sometimes as "Baneficiary"�: and �referred to hel�w as "Trustee"�.
<br /> CDNVEYANCE AND GRAIVT. For�aluable �vnsideration, Trustvr �on��ys to Trustee in trust. WITH PDVI►ER �F SALE,
<br /> for #he bsnefit of Lender as Beneficiary, ail ❑f Trustar`s right. title, and interest in and t❑ the �oilowing described real
<br /> property, tvgether with all extsting or subsequently erected or affixed buildings, impro►►ements and fixtures; a!I
<br /> easements, rights af way, and appurtenances; all water, water rights and ditch rights �including stack in utilities with
<br /> dit�h or irrigation rightsy; and all other rights. rvyalties, and p�ofits relating to the real praperty� including without
<br /> limitatian all minerals, oil, gas, geoth�rmal and similar matters, �thS ��Real Property'!� located in Hall C�unty.
<br /> Sta#e af Nebraska:
<br /> Lot �ne �'I�, Hartmann Acr�s 5ubdi�ision. Hall Cvunty. Nebraska
<br /> The Rea� Property or its address is common�y known as 7 27�7 W Husk�r Hvuy, Vllaod Ri�er.
<br /> N E �8883.
<br /> Trustor presently ass+gns t� Lender �a�sv knvwn as Benefi�iary in this ❑eed of Trusty a�i o# 7rustor's right, title, and
<br /> interest in and ta a11 present and future �eases of the Property and al1 Rents from the Property. In addition. Trustor
<br /> gfants to Lender a Unif�rm Cvmmercia��ade security interest in the Personal Property and Rents.
<br /> TH15 C]EED�F TRUST, INCLUD#NG THE ASSIGNIIAENT�F RENTS AND THE SECURITY INTEREST IN THE RENTS ANI]
<br /> PEf�SflNAL RR�PEI�TY, IS G�VEN T�]5EGU14E [Aj PA�I�NIEWT�F THE INDEBTEDNESS AND �8} PERFQRM►4NCE �]F
<br /> ANY AIVD ALL �BLIGAT�[�NS UNDER THE N�TE. THE RELATED DDCUMENTS, AND THIS DEED �F TRUST. THIS
<br /> �]E�D�F TF�UST IS G�VEN AN�ACCEPTEQ�N TF�E FQ�L�ylllNG TERMS:
<br /> TRUSTDR'S REPRESENTATl�NS AND VIfARRANTIES. Trustor warrants that: �a� this Deer� ofi Trust �s executed at
<br /> Barrowe�'s request and nvt at the r�quest ❑f Lender; �by Trustor has the fu�� pvwer. right. and authority tn enter into
<br /> this Deed ❑� Trust and tv hypv�hecate the Prvperty; �cy the pro��sians o# this Deed ❑f Trust do nvt canflict with. or
<br /> result in a default under any agrgement�r other instrument binding upon Trustor and d❑ nvt result in a �io�atfon❑f any
<br /> law, regulation� court decree �r vrder applicak�le to Trustor; �dy Trustor has established adequate means o� vbtaining
<br /> from 8orrower an a cantinuing has�s infarmat�on abflut 8orrawer's t�nancial conditian; and �e} Lender has made r�a
<br /> representation to Trustor abaut Borrower�including withaut�imitatian the creditwvrthiness vf Bvrrower�.
<br /> TRUST�R'S WAIVERS. Trustor wai�es all rights or de#enses arising hy reason v#any "one ac#ian" or "ant�-de#icien�y"
<br /> law, or any other law which may pre�ent Lender from bringing any action against Trustor, in�luding a �laim far
<br /> defi�iency t� the extent Lender is otherwise entitled to a ciaim for deficiency, before vr after Lender's commencement
<br /> or compi�tian vf any foreclosure action, either judicia�ly or by exercise of a power ofi sale.
<br /> PAYMENT AND PERF�RIVIANCE. Ex�ept as otherwise pro�ided in this Deed of Trust, gorrower shall pay to Lender all
<br /> lndebtedness secured by this ❑eed of Trusi as it becomes due, and gorrower and Trustor shall perform all their
<br /> respecti�e❑bligat�ons under the Note,this Deed a�Trust, and the Related Documents.
<br /> P�55FSSI�N AND MAlWTENANGE DF THE PR�PERTY. Borrower and Trustvr agree that gorrower`s and Trustvr's
<br /> possess�on and use of the Prop�rty shall be go�ern�d by the�ollowing pro�isions:
<br /> Possassion �nd Use. Until the oc�urrence 4# an E�ent of Default, Trustor may ��y remain in possessian and
<br /> cvntrvi v#the Property; �Zy use. vperate or manage the Prvperty; and �3f co�lect th� Rents from the Prope�ty.
<br /> Duty ta Maintein. Trustor shal! mainta�n the Praperty in tenantable �ondition and prompt�y per�v�m all repairs,
<br /> replacements, �nd maint�nance necessary to preser�e its value.
<br /> Cvmp�i�nce INith �n�iranmental Laws. Trustor represents and warrants t� Lender that: �'�f During the perivd of
<br /> Trustv�'s ownership o�the Property. there has been no use. generat+vn, manufa�ture. storage, treatment, disposal,
<br /> release vr threatened releas� of any Haaardvus 5ubstance by any person on. under. abaut or from the Prvperty;
<br /> �2j Trustor has nv knowledge af, vr reasan to beli��e that there has been. except as pre�iously disclosed tv and
<br /> acknowledged by Lender in writing, taj any breach ar ►►iolativn of any En�irvnmental Laws, �b� any use,
<br /> gen�ration. manufacture. st�rage. treatment, disposal, release or threaten�d release of any Hazardvus Substance
<br /> on, under, ab�ut ❑r frvm the Property by any privr �wners �r v�cupan�s vf the Prvperty, or �e� any actual ar
<br /> thr�atened litigation or �laims of any kind by any person re�ating to such matters; and �3f Except as pre�iously
<br /> disclvsed to and acknowledged by Lender in writ�ng, ta� neither Trustor nvr any tenant, cvntractvr, agent or other
<br /> authorized us�r of the Property shall use, generate, manufacture, store, treat. disp�se ❑f❑r re�ease any Hazardous
<br /> Substancs❑n, under. about or from ihe Prap�rty; and th� any su�h acti�ity sha�� be c�nducted in compliancs with
<br /> al! applicahle �ederal, state, and I�ca! laws, regulatians and ardinances, including wi#hout #imitativn all
<br /> En�ironmenta� Laws. Trustor autharizes Lender and its agents to enter upon the Property ta make such
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