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WHEN RECORDED MAIL TO: <br />BANK OF HARTINGTON <br />229 N. Broadway <br />Hartington, NE 68739 <br />nn <br />Z D <br />m_N <br />"1 <br />r*: <br />_.1 <br />cn <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. <br />