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WHEN RECORDED MAIL TO:
<br />First Dakota National Bank
<br />Dakota MAC
<br />225 Cedar Street
<br />Yankton, SD 57078
<br />202104406
<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 $900,000.00.
<br />THIS DEED OF TRUST is dated May 25, 2021, among Artie H Moeller and Nicole L Moeller,
<br />husband and wife, whose address is 7501 North St Paul Rd, Grand Island, NE 68801-9226
<br />("Trustor"); First Dakota National Bank , whose address is 225 Cedar Street, PO Box 156,
<br />Yankton, SD 57078 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and First Dakota National Bank, whose address is 225 Cedar St PO Box 156,
<br />Yankton, SD 57078 (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 and
<br />Howard County, State of Nebraska:
<br />The Northwest Quarter (NW1/4) of Section Ten (10), in Township Twelve (12) North,
<br />Range Nine (9) West of the 6th P.M., Hall County, Nebraska, excepting that part conveyed
<br />to the Omaha & Republican Valley Railroad Company by Deed recorded in Book 4, Page 87
<br />of the Deed Records of Hall County, Nebraska, and also Excepting therefrom the Southeast
<br />Quarter of the Southwest Quarter of the Northwest Quarter (SE1/4SW1/4NW1/4) and the
<br />West Half of the Southwest Quarter of the Southeast Quarter of the Northwest Quarter
<br />(W1/2SW1/4SE1/4NW1/4) all in Section Ten (10), in Township Twelve (12) North, Range
<br />Nine (9) West of the 6th P.M., Hall County, Nebraska.
<br />The West Half of the Northwest Quarter (W1/2NW1/4) and the Southeast Quarter of the
<br />Northwest Quarter (SE1 /4NW 1 /4) all in Section Thirty Five (35), Township Thirteen (13)
<br />North, Range Nine (9) West of the 6th P.M., Howard County, Nebraska EXCEPT a certain
<br />tract more particularly described in Corporation Warranty Deed recorded in Book 88, Page
<br />1296.
<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 />TRUST BENEFICIARIES. The Grantor/Trustor acknowledges that the rights and options of all Trust beneficiaries to the
<br />Real Property are subordinate to the rights of any lender with a mortgage or other security interest against the Real
<br />Property.
<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 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 />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.
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