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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank ~ D
<br />P.Q. Box 760 ~ ~ `
<br />#14 LaBarre
<br />~ibb4nl NE 6$84p ~ ~„~. _ ~_~_„~, ~ ~ FOR RECORDER'S USE ONLY _ __.,._
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated February 12, 2010, among Ronald G Bartels, A Single Person ("Trustor");
<br />Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68$40 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"1; and Exchange Bank, whose address is 1204 Allen
<br />Drive, Grand Island, NE 68$02 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Hall
<br />County, Sta#e of Nebraska:
<br />Lots Nineteen (19) and Twenty (20), in Ed Ross Subdivision, Number Two 121, a Subdivision of a part of
<br />the North One Half 1N1/2) of the Northeast Quarter (NE1/41 of section Two, (21, Township Eleven 1111
<br />North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, excep# a tract of land beginning at the
<br />NEcorner of said Lot 20, thence running westerly along the North line of said Lat 20, a distance of 968.0';
<br />thence running southerly parallel to the East line of said Lot 20, a distance of 136.0'; thence running
<br />easterly parallel to the North line of said Lot 20, a distance of 96$.0 ' to a point an the East line of said Lot
<br />20; thence running northerly along the East line of said Lot 20, a distance of 135.0' to the point of
<br />beginning.
<br />The Real Property or its address is commonly knowt~t as 3130 N-fllorth Road, Grand Island, NE 68803..
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may became otherwise unenforceable. If the Lender is required to give notice of the right to cancel
<br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender,
<br />then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<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 />TWIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, I5 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (6) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, tHE RELATED DOCUMENTS, AND TH15 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 Note, this
<br />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 />_ __.
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />12- 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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 11) 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; 12- 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, Ib- any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Ic- any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and 13) Except as previously disclosed to and
<br />acknowledged by Lender in writing, la- neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person, The representations and
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