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;~ ~ ~~ ~ ~° C m o~ z n .. ~ ~ = v ~ ~ ~ `. N ~ j ~ f'1 N N ~ ~ ~ 7'C Z c ~ ~ / , lJ r'` r" o u.W.rrrr~~ WHEN RECORDED MAIL TO: Exchange Bank P.O. Box 760 #74 LaBarre Gik~bpn, NE 68840 .. ~\ i i r-.~ r~ r-~ -n w-+ C.S'1 C7p ~ cry ca ~ c ~ ~ --~ ~~ ~ Q O '*1 ~ ~ ~ rr7 A r~ r" ~ T-'" A CXi 7'~ A C~ rv c~ C~ CLJ r\3 h^-~ ,..C m a CJ] C!~ C= m Z 0 DEED OF TRUST ~~ C~ THIS DEED OF TRUST is dated Se tember 1, 2009, Amon Co °~ p g pperhead Pro erties, LLC, A South Dakota `•,,~ Limited Liability Company ("Trustor"); Exchange Bank, whose address is P.O. ox 760, #74 LaBarre, Gibbon,' NE 68840 (referred to below sometimes as "Lender" and sometimes as "Ben ficiary"); and Exchange Bank, whose address is P.O. Box 5793, Grand Island, NE 68802 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WIT POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way and appurtenances; all water, water rights and ditch rights lincluding stock in utilities with ditch or irrigation rights); and all other rights, r- yalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "'Real Property") located in Hall County, State of Nebraska: Lot One 11), Cedar Ridge First Subdivision, in the City of Grand Island, Hall County, Nebraska The Real property or its address is commonly known as 3721 W 13th S~Itreet, G land Island, NE 68803. CROSS-COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelate to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, wh then obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become othe (wise unenforceable. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances m de by Lender to Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, his Deed of Trust secures, in addition to the amounts specified in the Nate, all future amounts Lender in its discretion may loan to Borrow~r or Trustor, together with all interest thereon. Trustor presently assigns to Lender lalso known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, 'Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTER ST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB) PE:RFORMA~iICE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRU T, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AN^ PERSONAL PROPERTY, IS ALSO G~VEN TO SECURE ANY AND ALL OP BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEE BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF' TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la- this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this eed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a deaault and r any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining trom Borrower on a continuing basis information about B rrower's financial condition; and (e) Lender has made no representation to Trustor about Borrower (including without limitation the creditvliorthiness of Borrower). TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "ono action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for defici ncy to the extent Lender is otherwise entitled to a claim fpr deficiency, before or after Lender's commencement or completion of any fo eclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all Indebtedness secured by this bead of Trust as it becomes due, and Borrower and Trustor she I strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrowor and Trustor agree that Borrower' and Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Usa. Until the occurrence of an Event of Default, Trustor may (1} remain in p ssession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly ~erform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 D ring the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment:, disposal release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2} Trustor has no knowledge af, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writin~, (a) any breach ar violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, elease or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; rmd (3) xcept as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance n, under, about or from the Property;