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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank 3 ~ L6~~~.-r- ~U
<br />P.O. Box 760 ~ ~ ~~'
<br />#14 LaBarra ~ ~
<br />_ Gibbon, NE 68840 ~~ ~~ 6 ~~ ,,, ,., . _ _ .. ,_,.,,., FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />7WIS DEED OF TRUST is dated February 26, 2010, among Carol J. Gunderson, A Single Person, whose
<br />address is #29 Kuester Lake, Grand Island, NE 68801 ('"Trustor"-; Exchange Bank, whose address is P.O. Box
<br />760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"-; and Exchange Bank-Grand Island Branch, whose address is P.Q. Box.5793, Grand Island, NE
<br />68802 (referred to below as "Trustee"1.
<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 rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, ail, gas, geothermal and similar matters, (the "Real Property"') located in H811
<br />County, State of Nebraska:
<br />Lot Three 13-, situated on the North Side of the East Portion of Kuester's Lake and being on a part of the
<br />East Half. of the Southwest Quarter (1/2SW1/4) of Section Thirteen (131, Township Eleven 1111 North,
<br />Range Nine (9) West of the 6th P.M„ Hall County, Nebraska
<br />The Real Property or its address is commonly known as 29 Kuester Lake, Grand Island, NE 68801.
<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 Harrower and Trustor
<br />or any one or mare of them, whether now existing or hereafter arising, whether related or 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 or
<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 or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may he or hereafter may become otherwise unenforceable. If 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 loans ar obligations unless and until such
<br />notice is given.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of 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 Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustar'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 />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE, RENTS AND PERSONAL
<br />PROPERTY, 15 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER 7HE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACGEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la- this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ib1 Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; Ic1 the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Id1 Trustor has
<br />established adequate means of obtaining from Borrower nn a continuing basis information about 8orrower's financial condition; and Ie1
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Horrowerl.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any ether
<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 nr after Lender's commencement nr completion of any foreclosure action, either judicially ar by
<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. Horrower and Trustor agree that Borrower's and Trus[or'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 />12- use, operate or manage the Property; and 131 collect the Rents frem the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable 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: 111 During the period of Trustor's ownership
<br />of the Property, there has bean 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, (a) any breach ar violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or frem the Property by any prior owners or occupants of the Property, or Ic1 any actual' or
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