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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 />202106378 <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 $534,425.00. <br />THIS DEED OF TRUST is dated July 27, 2021, among Jerron M Suck aka Jerron Suck and <br />Lindsay M Suck aka Lindsay Suck, husband and wife, whose address is 14570 W Platte River <br />Dr, Kenesaw, NE 68956-9604; ("Trustor"); First Dakota National Bank , whose address is <br />Dakota MAC, 225 Cedar Street, PO Box 495, Yankton, SD 57078 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and First Dakota National Bank, <br />whose address is 225 Cedar St PO Box 156, Yankton, SD 57078 (referred to below as <br />"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 />The Southeast Quarter (SE1/4) of Section Twenty -Five (25), Township Nine (9) North, <br />Range Twelve (12) West of the 6th P.M., Hall County, Nebraska and Lots Six (6) and Seven <br />(7) County Subdivision of Lots 3, 4, and 5 and S1/2 SW1/4 of Section 25, Township 9, <br />Range 12 West 6th P.M., Hall County Nebraska, as shown in Plat recorded January 23, <br />1903 in Book 32, Page 342. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br />Borrower whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed <br />of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan <br />to Borrower, 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at <br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into <br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or <br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining <br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" <br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or completion of any foreclosure action, either judicially or by exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their <br />respective obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br />possession and use of the 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 />