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<br /> WHEN RECORDED MAIL TO:
<br /> Geneva State Bank
<br /> Kearney Branch
<br /> 3720 2nd Ave.
<br /> Kearney__N~, 68847 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated August 20, 2009, among Troy J Potthoff, whose address is 1908 West 50th,
<br /> Kearney, NE 68845 and Margo K Anderson, whose address is 4119 21st Avenue Place, Kearney, NE 68845;
<br /> Single Person(s) ("Trustor"); Geneva State Bank, whose address is Kearney Branch, 3720 2nd Ave., Kearney,
<br /> NE 68847 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and GENEVA STATE
<br /> BANK, whose address is P.O. Box 313, Geneva, NE 68361 (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
<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 /> County, State of Nebraska:
<br /> See Attached Exhibit "A"
<br /> The Real Property or its address is commonly known as 15228 W 190th Road, Kenesaw, NE 68956. The
<br /> Real Property tax identification number is 400379139.
<br /> REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br /> obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br /> be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not
<br /> including finance charges on such balance at a fixed or variAble rato.or sum as provided in the Credit Agreement, any temporary overages,
<br /> other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the
<br /> Credit Agreement. It is the intention of Trustor and Lender that this Dead of Trust secures the balance outstanding under the Credit
<br /> Agreement from time to time from zero up to the Credit Limit as provided in t1le Credit Agreement and any intermediate balance.
<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 /> 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 EACH OF TRUSTOR'S
<br /> AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br /> FOLLOWING TERMS:
<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 Credit
<br /> Agreement, 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 Property shall be
<br /> governed by the following provisions:
<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 /> 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 /> Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of
<br /> Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release
<br /> of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the
<br /> Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this
<br /> section of the Deed of Trust. Tr ustor hereby (1) rcleases and waives any future claims against Lender for indemnity or contrihution
<br /> in the event Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and hold
<br /> harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation
<br /> to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust.
<br /> DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br /> Deed of Trust upon the sale or transfer, without Lender's prier written consent, of all or any part of the Real Property, or any interest in the
<br /> Real Property" A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
<br /> beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br /> for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any
<br /> beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br /> Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law,
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br /> Payment, Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br /> water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
<br /> on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br /> over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the
<br /> Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust.
<br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended cov rage
<br /> endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount suf ' 'ent
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