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2� 1 ��5571
<br /> 1NHEN REC�RD�D MAIL T�:
<br /> Ex�hange Bank
<br /> Gihbvn Branch
<br /> 7 4 L�Barre Street
<br /> PD Bvx 7G�
<br /> Gibbon NE S884Q F�R RECDRDER'S U5E�NLY
<br /> DEEa �F TRUST
<br /> THIS DEED �F TRLJST is datsd August 25. 2�'I�, amvng HARTMAIVN HAY C�., LLC, whase
<br /> address is 12787 W HUSI(ER HWY. W�D� RIVER, iVE 68883 �"Tru�tor"y: Exchange Bank.
<br /> wh�se address is Gibbon Branch, 7 4 LaBarre Str�et. P� Box 7��. Gi�ban, IVE �584� �referred
<br /> to belvw s�metimes as "Lender" and sometimes as "Beneficiary"�: and �r�ferred to below as
<br /> "Trustee"j.
<br /> ��NVEYANCE AND GRANT. Far��luahle considera#ion, Trustor con�eys to Trustee in trust, VIIITH PDVIIER DF SALE,
<br /> for the benefit of Lender as Ben�ficia�y. al� a# Trustar's right. title, and interes� in and to the fo��owing described real
<br /> property, together wi#h a#I exis#ing or subsequently erected o� affixed buildings, impro�ements and fixtur�s; all
<br /> easements, righ#s of way, and appurtenances; all wa#er, water rights and ditch rights �includ�ng stock in utilities with
<br /> dit�h or irrigativn rights}; and all othe� rights, royalties, and prafits relating to the real property, including without
<br /> iimitation all minerals, oil, gas, gevthermal and similar matters, �th� "Rea� Pro��rty"j located in Hall County.
<br /> State of Nebraska:
<br /> 5ee Addendum "A"
<br /> The Real Property or its address is �ammonly knawn as 'I�878 IN. Husker Hwy, INvad Ri�er,
<br /> NE �8883.
<br /> Trustor presently assigns to Lender �also known as Beneficiary in this Deed of Trust� all ❑f Trustor`s right, title, and
<br /> in�erest in and to a!I present and fiuture �eases vf the Proper#y and all Rents frvm the Property. In addition, Trustar
<br /> grants to Lender a lJnifvrm Commercial Code security interest in the Persvnal Praperty and Rents.
<br /> TH�S DEED�F T1�UST, IN�LUDl�VG THE ASSIGNMENT�F l�ENTS AND THE SECIlR�TY �fVTEREST IN THE RENTS AN�
<br /> PERS�IVAL PR�PERTY, �5 GlVEN T❑ SECURE �A� PAYMENT DF THE IN�EBTEONESS AND �B� PERFORMAN�E DF
<br /> ANY AND ALL L3BLIGATI�lVS UNDER THE N�TE, THE RELATED DQGUMENTS. AND THiS DEED �F TI�UST. THIS
<br /> DEED�F TRUST IS G�VEN AND ACCEPTED�N THE F�LL�INING TERMS:
<br /> PAYMENT ANO PEftF�RIIAANCE. Except as atherwise prv�id�d in this ❑eed of T�ust, Trustor shall pay to Lender all
<br /> amounts secured by this Deed of Trust as they he�ome due, and shall strictly and in a timely manner p�rfvrm all o#
<br /> Trustor's vbligations under th� Nvte� this Deed of Trust, and the Related Documents.
<br /> P�55ESSION AND MAINTENAN�E QF THE PR�PERTY. Trustor agrees that Trustor`s possessi�n and use of the
<br /> �rvperty shall he go�erned by the follvwing pro�isivns:
<br /> Possession and Use. Until the vccurrence of an E�ent of Default, Trus�or may �1 y remain in possessivn and
<br /> cantrol❑f the Property; t�y t�se, operate ar manag�the Property; and �3y cfllleet the Ren#s trvm the Pro�e�ty.
<br /> Duty to Main��in. Trustor shall maintain the Prvperty in t�nantabie candition and pramptly perform all repairs,
<br /> repla�ements, and maintenance necessary to preser�e its �alu�.
<br /> Cvmp�iance Vllith En�ironmental Laws. Trustor rspresents and warrants ta Lender that: ��3 During the period �f
<br /> Trustor's ownership of the Property, there has heen no use, generation, manufacture, storage, tr�atment, clisposal,
<br /> release or threatened release vf any Hazardvus Substance by any person an, under, abaut or from �he Prvperty;
<br /> tZ} Trustvr has no knowledge v�, or reasvn tv belie�e that there has been, except as pre►►iously disclosed ta and
<br /> a�knvwledged by Lender in writing, �a� any breach vr �ivlation of any En�irvnmental Laws, �b� any use,
<br /> generation, manufacture, storage, treatment, disposal. release or threatened release of any Ha�ardous Sut�stan�e
<br /> on, under, about �r #�am th� Property by any privr owners ❑r occupants of the Property, or tc� any actual or
<br /> threatened litigativn or claims �f any kind by any p�rson relating t❑ su�h matters; and t3f Exc�pt as pre�iously
<br /> disclosed to and acknawledged by Lender in writing, �a� neither Trustor nor any tenant, contra�tor. agent or other
<br /> authorized user�f the Property shall use, generate, manufacture, st�re� treat, dispose o#or relsase any Hazardous
<br /> Suhs�ance an, under, about or firam the Property; and �b) any such acti�ity shall b� conduc�ed in compliance with
<br /> a!I applicah�e federal. state. and �acal 1aws, regulations and ardinances, �ncluding without limitativn a��
<br /> En�ironmental Laws. Trustor authorizes Lender and its ag�nts to enter upon the Prvperty to make such
<br /> inspectivns and t�sts, at Trustor's expense, as Lender may deem appropriate to determine compiianc� ofi the
<br /> Property wi#h this section of the Deed of Trust. Any insp��tions or tests made by Lender shali he for Lender`s
<br /> purposes vnly and shall nat be construed tv create any responsibility or liability on the part vf Lender tv Trustvr or
<br /> tv any ather person. The representations and warranties contained herein are based ❑n Trustc�r's due diligence in
<br /> in�estigating the Rroperty for Hazardous Substances. Trustvr hereby �1� �eleases and wai�es any future claims
<br /> agains� Lender for indemn�ty or �ontributi�n in the e��nt Trustor becomes liable �ar cleanup ar o�her c�sts under
<br /> any such laws; and {�� agrees to�ndemnity, defend, and hold harmless Zender against any ar�d all clai�ns, losses,
<br /> liabilities, damages. penaities, and expenses rrvhich Lender may directly vr indire�tly sustain or suffer resulting firom
<br /> a breach o#this section of the Deed of Trust vr as a consequence af any use. g�nerativn, manufacture, storage,
<br /> disposal, release vr thr�atened release occurring prior to Trustvr's owne�ship or interest in the Property, whether or
<br /> noi the same was or should ha�e been knawn ta Trustor. The pro�isions ❑f this section of the De�d af �rust.
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