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N <br />t6; <br />WHEN RECORDED MAIL TO: <br />PINNACLE BANK <br />HASTINGS OFFICE <br />530 N BURLINGTON AVE <br />PO BOX 2178 <br />HASTINGS, NE 68901 <br />rn <br />C <br />mD® <br />r.. <br />2 D <br />m to cn <br />l .JJ <br />n1 <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 26, 2021, among JOHN R ADAMS and SHERI <br />ADAMS, whose address is 220 FORDHAM ROAD, MANHATTAN, KS 66503 ("Trustor"); <br />PINNACLE BANK, whose address is HASTINGS OFFICE, 530 N BURLINGTON AVE, PO BOX <br />2178, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and PINNACLE BANK, whose address is 530 N BURLINGTON AVE, HASTINGS, <br />NE 68901 (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 <br />County, State of Nebraska: <br />LOT 1, PINE KNOLL SUBDIVISION, HALL COUNTY, NEBRASKA, SUBJECT TO COUNTY <br />ROAD RIGHT-OF-WAY ON THE SOUTH THEREOF <br />The Real Property or its address is commonly known as 6880 W LEPIN RD, DONIPHAN, NE <br />68832. <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. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />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 <br />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 />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />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 (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so <br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, <br />treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental <br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as <br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event <br />Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and <br />hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of <br />Trust. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction <br />of this Deed of Trust. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums <br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the <br />Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any <br />right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; <br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a <br />term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in <br />