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<br />WHEN RECORDED MAIL TO:
<br />HASTINGS STATE BANK
<br />MAIN BRANCH
<br />530 N BURLINGTON S~
<br />PO Box z~~s :3 S'
<br />HASTING NE F RECORDER' ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated September 5, 2009, among MICHAEL SCOTT JONES and CHERYL A JONES;
<br />Husband and Wife ("Trustor"); HASTINGS STATE BANK, whose address is MAIN BRANCH, 530 N
<br />BURLINGTON, PO BOX 2178, HASTINGS, NE 68902 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"}; and HASTINGS STATE BANK, whose address is 530 N. BURLINGTON,
<br />HASTINGS, NE 68909 (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 yr
<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 rightsl; and all other rights, royalties, and profits relatin to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IOCate~ in HALL
<br />County, State of Nebraska:
<br />LOT 7, SCOTT'S WHITETAIL MEADOW SUB HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 7530 WEST LEPIN ROAD, DONIPHAN, NE 68832.
<br />The Real Property tax identification number is 400460424.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />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
<br />or any one or more of them, whether now existing or hereafter arising, whether related yr unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated yr
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be yr hereafter may become barred by any statute of
<br />limitatipns, and whether the obligation to repay such amounts may 6e or hereafter may become otherwise unenforceable. It the Lender is
<br />required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other
<br />liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional Icons or obligations unless and until such
<br />notice is given.
<br />FUTURE ADVANCES. In addition to the Nvte, this Deed nt Trust secures all future advances made by Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br />to the amounts specified in the Nate, all future amounts Lender in its discretion may loan to Harrower or Trustor, together with all interest
<br />thereon,
<br />Trustor presently assigns tv Lender (also known as Beneficiary in this heed 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 Rants.
<br />THIS DEEP OF TRUST, INCLUgING TWE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, TWE RELATED DOCUMENTS, AND THIS DEEP OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: 1a1 this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ib- Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c1 the provisions of this Deed of Trust do not conflict with, yr result in a default under any agreement yr other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, ccurt decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis informaticn about Borrower's financial condition; and let
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Bvrrowerl.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, yr any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or 6y
<br />exercise of a power of sale,
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be 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 nr 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 />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, la) any breach or violation of any
<br />Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal, release yr threatened release of any
<br />Hazardous Substance on, under, about yr from the Property by any prior owners yr occupants of the Property, or Ic1 any actual or
<br />threatened litigation or claims of any kind 6y any person relating to such matters; and (3) Except as previously disclosed to and
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