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~~ ~ ~ ~ Z r< rt1 yr ~ = ~ ~ VI) yam, ~ \ ~ ~ ~ N 0 ~ _1 ~ ~ ~ ~ Q wn 1-"+F Z IV .,.1 ~ `~ ~ a ~ ~ r..r.a..~~ ~ 0 ~' ~ to ~ ~ ~ ~ ~ ~ C7D I~ ......ar N `-I Z WHEN RECORDED MAIL TO: f.P1 ~ 4a Q t ... _.._ Exchange Bank P.O. Box 760 ' #t4 LaBarre Gibbon, NE_BS840 ~. FQR,R~~yORDER'S USE ONLY DEED OF TRUST ~`\ THIS DEED OF TRUST is dated February 2, 2070, among TRACY L BREWER, A Single Person {"Truster"); d Exchange Bank, whose address is P_O. Box 760, #14 LaBarre, Gibbon, NE B$840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and EXCHANGE BANK, whose address is 1204 ALLEN DR / PO BOX 5793, GRAND ISLAND, NE 68802 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in dust WITH POWER pF SALE, for the benefit of Lander as Beneficiary, all of Trustor's right, title, and interest in and tq the following described real property, together with all existing or subsequently ereoted or affixed buildings, improvements end fixtures; all easements, rights of way, and appurtenances; all water, water rights and dltch rights (including stock in utilities with ditch or irrigation rlghts); and all other rights{ royalties, and profits relatingg to the real property, including wlthout limitation all minerals, oil, gas, geothermal and similar matters, (the ~ Rea! Property") IDaated in WALL County, State of Nebraska: LOT NINE (9), BLOCK THREE (3), MEVES FIRST ADDITION Tp TWE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. The Real Property or its address is commonly known as 635 E ASHTON, GRAND ISLANp, NE 68$01. The Real Property tax identification number is 400062607. CROSS-COLLATERALITATION, In addition to the Note, this Deed of Trust secures all obligations, debts and liabllitea, plus interest thereon, of Trustor to Lander, or any one ar more of them, as well as all claims by Lender against Trustor ar any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary qr otherwise, whether due or not due, direct or indirect, determined or undetermined, absadute or contingent, liquidated or unllquidated, whether Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accpmmodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of {imitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. In addition to the Note, this peed of Trust secures all future advances made by Lender to Trustor whether or not the advances are made pursuant to a commitment. SpeciTcally, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lander in its discretion may loan to Trustor, together with all interest thereon. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) ail 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 additon, Trustor grants to Lender a Uniform Commercial Coda security interest in the Personal Property and Rents. THIS DEED OP TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SEGURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE {q} PAYMENT OP THE INOESTEONESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RI=LATE4 pOCUMENTS, AND THIS DEED OF TRUST. TNES DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT ANO PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by thla 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 Deed of Trust, and the Related Documents. PO55E551ON AND MAINTENANCE OF TWE PROPERTY. Trostor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event df 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 tv Maintain. Trustor shell maintain the Propem/ in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Lava. Trustor represents and warrants to Lender that: (1) During the period of Truator'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 qr from the Property; (21 Trustor has no knowledge of, or reason to believe that there has been, excepr as previously disclosed to and acknowledged by Lender in writing, (a1 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 ar maims of any kind by any person relating to such matters; and (31 Except as previously disclosed to and acknowledged by Lender in writing, la) neither Trustor nor any tenant. contractor, agent or other authnrized user of the Praperry shall use, generate, manufacture, store, treat, dispose of nr release any Hazardous Substance on, under, about or from the Property; and Ib) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environments! Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lander may deem appropriate to determine compliance of the Property with thls section of the peed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any respgnsibility or liability on the part of Lender to Trustor or to any other person. Tha representations and warranties oontained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any sugh laws; and (21 agrees to indemnity, defend, and hold harmless Lander against arty and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the peed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. The provisions of th(s section of the peed of Trust, inoluding the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any intereatin the Property, whether by foreclosure or otherwise.