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<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 />
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