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<br />
<br />WHEN RECORDED MAIL TO:
<br />Great Western Bank
<br />Harvey Oaks
<br />6015 N.W. Radial Hwy.
<br />P.O. Box 4070
<br />Omaha. NE 68104-0070
<br />
<br />35,50
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $700,000.00.
<br />
<br />THIS DEED OF TRUST Is dated September 29,2006, among SCOTT A. BENSON A1KlA SCOTT BENSON and
<br />RENEE M. BENSON, HUSBAND AND WIFE, AS JOINT TENANTS whose address is 7315 NORTH 151ST
<br />CIRCLE, BENNINGTON, NE 68007-1400; ("Trustor"); Great Western Bank, whose address Is Harvey Oaks,
<br />6015 N.W. Radial Hwy., P.O. Box 4070, Omaha, NE 68104-0070 (referred to below sometimes as "Lender"
<br />and sometimes as "Beneficiary"); and GREAT WESTERN BANK, whose address Is PO BOX 4070, OMAHA,
<br />NE 68104-0070 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of
<br />Nebraska:
<br />
<br />PARCEL 1: LOTS 18, 19, 20 AND THAT PORTION OF LOT 21, ALL OF SECTION 30, TOWNSHIP 9
<br />NORTH, RANGE 12 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA
<br />
<br />PARCEL 2: LOT 2, LOCATED SOUTH OF INTERSTATE 80, EXCEPTING CERTAIN TRACTS DEEDED TO
<br />THE STATE OF NEBRASKA, MORE PARTICULARLY DESCRIBED IN BOOK 9, PAGE 659 AND IN BOOK
<br />13, PAGE 149, ALL IN SECTION 30, TOWNSHIP 9 NORTH, RANGE 12 WEST OF THE 6TH P.M., HALL
<br />COUNTY,NEBRASKA
<br />
<br />PARCEL 3: LOT ISLAND 10 IN SECTION 30, TOWNSHIP 9 NORTH, RANGE 12 WEST OF THE 6TH P.M.,
<br />INCLUDING ALL ACCRETION LAND LOCATED ON THE NORTH SIDE OF SAID LOT ISLAND 10, ONLY AS
<br />NO ACCRETION LAND IN THE OTHER SIDES ARE INCLUDED
<br />
<br />The Real Property or its address is commonly known as 19999 1~80 ACCESS ROAD, SHELTON, NE 68876.
<br />
<br />The Real Property tax identification number is 400228955/400371456/400228920.
<br />
<br />CROSS-COLLATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />either Trustor or Borrower to Lender, or anyone or more of them, as well as all claims by Lender against Borrower and Trustor or anyone or more
<br />of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or
<br />Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such
<br />amounts may be or hereafter may become otherwise unenforceable.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in
<br />the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future
<br />advances (excluding interest) exceed in the aggregate $200,000.00.
<br />
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security
<br />interest in the Personal Property and Rents.
<br />
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not
<br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c)
<br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to
<br />Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law
<br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of
<br />sale.
<br />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note,
<br />this Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the
<br />
<br />Lc/3o 7'3-7
<br />
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