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<br /> 2� 17�2391
<br /> INHEN RECC]RDED MAIL T�:
<br /> Exchange Bank
<br /> Gihbon Branch
<br /> '14 LaBarre Str�et
<br /> Pa Bax 7�0
<br /> ��bbvn NE fi884� F�R REC�RDER'S USE ONLY
<br /> DEED DF TRUST
<br /> THIS DEED �F TRUST is dated April '14. 2�7 7, among H & P Land Company, �nc.. A Nebraska
<br /> Corporatian �"Trustor"�; Exchange Bank. whase �ddress is Gibbvn Branch. 'I 4 La6arre Street.
<br /> P[] Bnx 7C�. Gibbon, NE 6884� �referred tv belvw sometimes as "L�nder" and svmetimes as
<br /> "Beneficiary"�; and Exchange B�nk. whose address is PDB 7�D. �ibbon, NE 5884� �referred to
<br /> below as "Trustas"�.
<br /> CQNVEYANCE AND CRANT. Fvr�aluahle �onsideration. Trus#ar con�eys to Trustee in trust. WITH P�WER �F SALE,
<br /> for the benefit �# Lender as Benef�ciary, all o� Trustor`s right, title, and in#erest in and tv the following descrihed real
<br /> �raperty, tvgether with all existing vr subsequently erected vr affixed buildings, impro�ements and fixtures; all
<br /> easements, rights of way, and appurtenances; all water, wat�r rights and ditch rights �inc�uding stock in utilities with
<br /> di#�h vr irrigation rights}; and all other rights, royalties, and p�ofits r�la�ing #v the real property, 'rncfuding without !
<br /> �
<br /> limitation a�l minerals, oi�, gas, geotherma� and similar matters, �the "Real Property"� Iocated in Hell County.
<br /> 5tat� �f Nebraska:
<br /> The Northwest Quarter �NW 714f of 5�ction Fifteen ��5;, Tvwnship Twel�e t 7 2� North.
<br /> Range Ele�en �1��, W�st of the 6th P.M.. Hall County, Nel�raska
<br /> The Real Propgrty or its address is cvmmonly kn�wn as Rural Hall �ounty, NE. The Real
<br /> Prop�rty tax identification number is 4�]�7 947��.
<br /> FUTl1RE ADVANCES. In addit�on to the N�te, this Deed �f Trust secures a!I future ad�ances mad� hy Lender t�
<br /> Bvrrower whether or not the ad�ances are made pursuant to a commitment. 5pec�#ically, without �imitation. this ❑eed
<br /> af Trust secures, in adclition to the amounts spe�ified in the Note. all future amvunts Lender in its discretion may faan
<br /> to Borrower. tagether wi�h all interest therevn.
<br /> Trustor pres�ntly assigns tv Lender talso knvwn as genefi�iary in this Deed of Trust� aif of Trustor's righ�, title, and
<br /> interest in and to a�� present and future lease5 �f the Prvperty and all Rents fr�m the Prvpe�ty. In addition. Trustvr
<br /> grants to Lender a Untform Commercial Code se�uri#y interest in the Persvnal Prvp�rty and Rents.
<br /> THIS DEED DF TRUST, IN�LUDING THE ASSIGNIIAENT UF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSDNAL PRL]PERTY, IS GIVEN T❑ SECURE �Ay PAYMENT �F THE INDEBTEDNESS AND �Bf PE#�F�RMANCE�F
<br /> ANY AND ALL �SLiGATfDNS UNDER THE IV�TE. THE RELATED DQCLJIIAENTS. AND THIS DEED DF TRUST. THIS
<br /> DEE��F TRUST 15 GlVEM AND ACCEPTED�N THE FaLL�INING TERMS:
<br /> TRUST�f�'S REPRE�ENTATIt]NS AND WARRANTIES. Trustvr warrants that: �aj this ❑eed of Trust is executed at
<br /> Borr�wer`s requ�st and nnt at the request of Lender; �bf Trustvr has the full pvwer, right, and au�harity to enter in�o
<br /> this Deed ❑f Trust and to hypothecate the Proper#y; �cf the pro�isions of this Deed of Trust do not conflict with, or
<br /> result in a defautt under any agreem�nt ar❑ther instrument binding upon Trust�r and da nvt result in a �ivlation o�any
<br /> �aw. regulativn. cvurt de�ree ar order applicable to Trustor; �d� Trustor has estahl�shed adequat� means vf �btaining
<br /> from Barrawer on a �ontinuing basis in#ormation ab�ut Barrower's #inancial condition; and {ey Lender has made n�
<br /> repressntation to Trustor about Barrower �including without limitation the�reditwvrthiness of Borrowery.
<br /> TRUSTDR'S WAIVERS. Trustor wai��s all rights or de�enses a�ising hy reason of any "an� action" or "anti-deficiency"
<br /> law� or any other faw which may pre►►ent Lender fram hringing any a�tivn aga�nst Trustvr, including a claim for
<br /> deficiency #o the extent Lender is otherwise entitled ta a claim for deficien�y, before vr after Lender's cammencement `
<br /> or comp�etion vf any foreclasure actian, either judicially or hy exer�ise vf a power of sale. :
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<br /> PAYMENT AND PERFDRMANCE. Except as otherwise p�ro�ided in this ❑eed of Trust, BorrQwer shall pay to Lender all
<br /> Indehtedness secured by this ❑eed of Trust as it becomes due, and Barrawer and Trustvr shall perform all their ;
<br /> r�specti�e obligations under th�Note. this ❑eed of Trust, and the Rela�ed Dacuments.
<br /> P�SSE551�N AND IIAAINTENANCE �F THE PR�PERTY. f3orrawer and Trustor agree that Borrow�r's and Trustor's
<br /> pnssession and us�vf the Praperty shall be g�►►erned by the following pro�isions:
<br /> Possession and Use. Until the occurren�e ofi an E�ent of Default, Trus�or may �1 y remain in passession and ;
<br /> cvntroi of the Property; ��y use, operate ar manage the Praperty; and �3f collect the Rents from the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in tenantable conditivn and prampt�y perfvcm all repairs,
<br /> replacements� and maintenance necessary to preser�e its�alue.
<br /> C�mpiiance YVith En�ironmental Laws. Trustar represents and warrants to Lender that: t 1� During the period of
<br /> Trustor`s ownership of the Property. there has been no use, generativn, manufiaGture. stvrage, �reatment, dispvsa�,
<br /> release or threatened releas� of any Hazardous 5ubstanc� by any p�rson on. under. about vr �rom the Property;
<br /> �2f Trustor has no knawledge of, vr reason ta belie�e that there has been, except as pre�i�usly disclos�d t❑ ancl
<br /> acknowiedged by Lender in writing, �a� any breach �r �iolation o� any En�iranmental Laws. �b� any use,
<br /> genera#ivn, manufacture, st�rage. treatment, disposal. release or threatened release of any Hazardvus Substance
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