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t `4p ~ a.. wry C= D. ~ -1 rn p 0 m © r,n a Cl) (0 CA ED ~ ;K = Op T' ca M C.0 Z Ca ~N `r0 ZI: ca co FQ M r XC c3 r co U) a) PrI C0 W Z Co. WHEN RECORDED MAIL TO: HOME STATE BANK 35,5o MAIN OFFICE 218 MAIN STREET P.O. BOX 429 LO I VI LE NE 68037 F RECORDER'S E ONLY DEED OF TRUST THIS DEED OF TRUST is dated October 8, 2009, among Scott A. Benson and Renee M. Benson, husband & wife, whose address is 7315 North 151st Circle, Bennington, NE 68007 ("Trustor"); HOME STATE BANK, whose address is MAIN OFFICE, 218 MAIN STREET, P.O. BOX 429, LOUISVILLE, NE 68037 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and HOME STATE BANK, whose address is PO Box 429, LOUISVILLE, NE 68037 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In trust, WITH 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 (including stock in utilities with ditch or irrigation rights); and all other nights, royalties, and profits relating to the AR perty, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in County, State of Nebraska: Parcel 1: Lots 18, 19, 20 and that portion of Lot 21, all in Section 30, Township 9 North, Range 12 West of the 6th P.M., Hall County, Nebraska, Parcel 2: Lot 2, located South of the Interstate 80, excepting certain tracts deeded to the State of Nebraska, more particularly described in Book 9, Page 659 and In Book 13, rage 149, all in Section 30, Township 9 North, Range 12 West of the 6th P.M., Hall County, Nebraska, Parcel 3: Lot Island 10 in Section 30, Township 9 North, Range 12 West of the 6th P.M., including all accretion land located on the North side of said Lot Island 10, only no accretion land on the other sides are included, Hall County, Nebraska. The Real Property or its address is, commonly known as Rural Route, Kearney, NE.. 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 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 INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) 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 Deed of Trust and to hypothecate the Property; (c) 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 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 from Borrower on a continuing basis Information about borrower's financial condition; and (e) Lender has made no representation to Trustor about Borrower (Including without limitation the creditworthiness of Borrower). TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender Is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the Property shall be governed by the following provisions; Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession 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 perform all repairs, replacements, and maintenance. necessary to preserve its.value.: . Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During 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 of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release 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