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202501932 <br />WHEN RECORDED MAIL TO: <br />First Dakota National Bank <br />Dakota MAC <br />225 Cedar Street <br />PO Box 495 <br />Yankton, SD 57078 <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 $460,000.00. <br />THIS DEED OF TRUST is dated April 11, 2025, among Darren C Adams and Charity L Adams, <br />husband and wife, whose address is 16323 W Abbott Rd, Cairo, NE 68824-9552; <br />("Trustor"); First Dakota National Bank , whose address is Dakota MAC, 225 Cedar Street, PO <br />Box 495, 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 Buffalo and <br />Hall County, State of Nebraska: <br />See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust <br />as if fully set forth herein. <br />The Real Property or its address is commonly known as Real Property located in rural Buffalo <br />and Hall County, NE. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures the following described additional <br />indebtedness: all obligations, debts, and liabilities (other than any obligations, debts, or liabilities extended primarily for <br />personal, family or household purposes), plus interest thereon, of either the Grantor or Borrower to Lender, or any one <br />or more of them, as well as all claims by Lender against Borrower and Grantor or any one or more of them, whether <br />now existing or hereafter arising whether related or unrelated to the purpose of the Note, whether voluntary or <br />otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Borrower or Grantor may be liable individually or jointly with others, whether obligated as grantor, <br />surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become <br />barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become <br />otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br />Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, <br />this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion <br />may loan to Borrower or 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 />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 />