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<br />
<br />WHEN RECORDED MAil TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#14 LaBarre
<br />Gibbon. NE 68840
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
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<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $140,000.00.
<br />
<br />THIS DEED OF TRUST is dated February 20, 2009, among YVONNE l WRIGHT, A Single Person ("Trustor");
<br />Exchange Bank, whose address is P.O. Box 760, #14 laBarre, Gibbon, NE 68840 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank, whose address is 939 S
<br />LOCUST ST , GRAND ISLAND. NE 68801 (referred to below as "Trustee").
<br />
<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
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights. royalties. and profits relating to the real
<br />property. including without limitation all minerals, oil. gas. geothermal and similar matters, (the "Real Property") located in HALL
<br />
<br />County, State of Nebraska:
<br />
<br />Lot Sixteen (16), LARUE Subdivision to the City of Grand Island, Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 3752 FROSTFIRE , GRAND ISLAND, NE 68803.
<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
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security 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 IAI PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust. Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due. and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust. and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of Default. Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements. and
<br />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use. generation, manufacture. storage. treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on. under. about or from the Property; (2) Trustor has no knowledge of. or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation. manufacture, storage, treatment. disposal. release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing. (al neither Trustor nor any tenant. contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store. treat. dispose of or release any Hazardous Substance on. under. about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal. state. and local laws, regulations and
<br />ordinances. including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests. at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend. and hold harmless Lender against any and all
<br />claims. losses. liabilities, damages. penalties, and expenses which lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use. generation, manufacture, storage, disposal. release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property. whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property. whether by foreclosure or otherwise.
<br />
<br />Nuisance. Waste. Trustor shall not cause. conduct or permit any nuisance nor commit. permit. or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove. or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil. gravel or rock products
<br />without Lender's prior written consent.
<br />
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements. lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trust.
<br />
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