WHEN RECORDED MAIL TO:
<br />BANK OF HARTINGTON
<br />229 N. Broadway
<br />Hartington, NE 68739
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<br />FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $105,139.00.
<br />THIS DEED OF TRUST is dated January 29, 2020, among Newton Family Enterprises, LLC, a
<br />Nebraska Limited Liability Company ("Trustor"); BANK OF HARTINGTON, whose address is
<br />Main Office, P.O. Box 77, 229 N. Broadway, Hartington, NE 68739 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Bank of Hartington, whose
<br />address is P.O. Box 77, Hartington, NE 68739 (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, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County,
<br />State of Nebraska:
<br />Lot Twenty -Three (23), Block One (1), Continental Gardens, an Addition to the City of
<br />Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 23 Via Trivoli, Grand Island, NE
<br />68803.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. This Deed of Trust secures, in addition to the
<br />amounts specified in the Note, future advances in an unlimited amount, together with all interest thereon, which future
<br />advances Lender is obligated to make so long as Trustor complies with all the terms and conditions of the Note or other
<br />loan agreement.
<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 PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents.
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