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WHEN RECORDED MAIL TO: <br />Security National Bank of Omaha <br />PO Box 31400 <br />Omaha, NE 68131-0400 <br />DEED OF TRUST <br />4 <br />w <br />FOR RECORDER'S USE ONLY <br />[ <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one tirne $350,000.00. <br />THIS DEED OF TRUST is dated May 5, 2017, among Thomas D. Mangelsen; a single person <br />( "Trustor "); Security National Bank of Omaha, whose address Is PO Box 31400, Omaha, NE <br />68131 -0400 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Security National Bank of Omaha, whose address is P,O. Box 31400, Omaha, NE 68131 -0400 <br />(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 factures; 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 relatihg to the real property, including without <br />limitation all minerals, 011, gas, geothermal and similar matters, (the "Real Property") located in Hall County. <br />State of Nebraska: <br />The NW 1/4 of Section 10, Township 11 North, Range 11 West of the 6th P.M., Hall <br />County, Nebraska <br />The Real Property or its address is commonly known as Wood River, NE 68883. <br />REVOLVING LINE OF CREDIT. This Dead of Trust secures the Indebtedness including, without limitation, a guaranty of <br />a revolving line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with all <br />the terms of the Note. <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 (Al PERFORMANCE OF A GUARANTY FROM TRUSTOR TO LENDER, <br />AND DOES NOT DIRECTLY SECURE THE OBLIGATIONS DUE LENDER UNDER THE NOTE. (B) PAYMENT OF THE <br />INDEBTEDNESS AND (C) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at <br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into <br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or <br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining <br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. This Deed of Trust secures a guaranty and does not directly secure the Indebtedness due <br />Lender under the Note. Trustor waives any and all rights and defenses based on suretyship or impairment of collateral <br />including, but not limited to any rights or defenses arising by reason of (a) any "one - action" or "anti- deficiency" law, <br />or any other law that may prevent Lender from bringing any action or claim for deficiency against Borrower, (b) any <br />election of remedies by Lender which may limit Trustor's rights to proceed against any party indebted under the Note, <br />or (c) any disability or defense of any party indebted under the Note, any other guarantor or any other person by reason <br />of cessation of the Indebtedness due under the Note for any reason other than full payment of the Note. <br />PAYMENT AND PERFORMANCE. Except as Otherwise provided in this Deed of Trust, Trustor shall strictly perform all <br />of Trustor's obligations under the Guaranty and under this Deed of Trust. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Lender 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 13) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (11 During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, <br />