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m <br /> 7,." f,)3 <br /> 3 <br /> CD >II <br /> IMIIMMI „Cr <br /> CD "41 <br /> memmom QC, <br /> [I) <br /> rr +K\l, c...) rn <br /> cn <br /> C3 <br /> WHEN RECO DED MAIL TO: <br /> FIVE POIN BANK OF HASTINGS <br /> MAIN <br /> 281 OS RNE DRIVE WEST <br /> HASTING NE 68901 FOR RECORDER'S USE ONLY, <br /> 1111111111111111 l lllt NIII OO <br /> "000000000000019042034010032016* 113 <br /> DEED OF TRUST <br /> THIS DEED OF TRUST is dated October 3, 2016, among KURT L GIBBS, whose address is <br /> 4100 E MEADOWLARK LN, HASTINGS, NE 68901 and JILL C GIBBS, whose address is 4100 <br /> E MEADOWLARK LN, HASTINGS, NE 68901; HUSBAND AND WIFE ("Trustor"); FIVE POINTS <br /> BANK OF HASTINGS , whose address is MAIN BANK, 2815 OSBORNE DRIVE WEST, <br /> HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as <br /> "Beneficiary"); and Five Points Bank of Hastings, whose address is 2815 Osborne Drive West, <br /> Hastings, NE 68901 (referred to 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, includin without <br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br /> County, State of Nebraska: <br /> See EXHIBIT A, which is attached to this Deed of Trust and made a part of this Deed of <br /> Trust as if fully set forth herein. <br /> The Real Property or its address is commonly known as 15611 S 70TH RD, HASTINGS , NE <br /> 68901. <br /> FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br /> Borrower whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed <br /> of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan <br /> to Borrower,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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON <br /> THE FOLLOWING TERMS: <br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" <br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br /> deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br /> or completion of any foreclosure action,either judicially or by exercise of a power of sale. <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all <br /> Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their <br /> respective obligations under the Note,this Deed of Trust, and the Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br /> possession and use of the 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 /> control of the Property; (2) use,operate or manage the Property; and (3) collect the Rents from the Property. <br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br /> replacements,and maintenance necessary to preserve its value. <br /> Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so <br /> long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, <br /> treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental <br /> Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as <br /> Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br /> Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event <br /> Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and <br />