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<br />WHEN RECORDED MAIL TO:
<br />FIVE POI 8J NK OF HASTINGS
<br />MAIN BA
<br />2815 OSB DRIVE WEST
<br />HASTING , NE 68901
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<br />DEED OF TRUST
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<br />FOR RECORDER'S USE ONLY
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<br />THIS DEED OF TRUST is dated January 25, 2018, among WERNER CONSTRUCTION, L.L.C.,
<br />whose address is 129 E 2ND ST, HASTINGS, NE 68901; A NEBRASKA LIMITED LIABILITY
<br />COMPANY ( "Trustor "); FIVE POINTS BANK OF HASTINGS , whose address is
<br />MAIN BANK, 2815 OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary "); and FIVE POINTS BANK OF
<br />HASTINGS, whose address is 2815 OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred
<br />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, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />A tract of land located in Section 34, Township 11 North, Range 9 West of the 6th P.M.,
<br />Hall County, Nebraska, and more particularly described as follows: Commencing the
<br />Northeast corner of the Southwest Quarter (SW1 /4) of Section 34; thence on an assumed
<br />bearing of S 01°37 along the East line of the North Half of the Southwest Quarter
<br />(N1/2SW1/4) of said Section 34 a distance of 555.44 feet to the point of beginning; thence
<br />continuing S 01°37 along said East line a distance of 765.00 feet to a point being the
<br />Southeast corner of said N1/2, SW 1 /4; thence N 89°27'12"W along the South line of said
<br />N1/2, SW1 /4 a distance of 2484.95 feet to a point on the Easterly right -of -way (R.O.W.)
<br />line of South Locust Street; thence N 00 °50'35 "W along said R.O.W. line a distance of
<br />132.04 feet; thence N 09 °22'27 "W along said R.O.W. line a distance of 66.25 feet; thence
<br />N 00 °50'13 "W along said R.O.W. line a distance of 328.08 feet; thence N 06 °07'40 "E
<br />along said R.O.W. line a distance of 243.29 feet; thence S 89 °33'11 "E along said R.O.W.
<br />line a distance of 31.90 feet; thence S 89 °22'57 "E a distance of 2422.86 feet to the point
<br />of beginning; said tract containing 43.66 acres more or less.
<br />The Real Property or its address is commonly known as SEC 34 -11 -9, HALL COUNTY, NE.
<br />CROSS - COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by
<br />Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether
<br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to
<br />Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation,
<br />this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion
<br />may loan to Borrower or Trustor, 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
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