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~wwrrr_ ~ : _ t N ~r ~ n C= C) A rv I M m r"1 C z m 3 C v 10 C) NO CIO Cn a rn V! rr1 Z Co r~Y 7C = C~ C/7 r v- Rry rV C~ • _ C7 a CID ~ COS 1--► fJ'a C70 Z O WHEN RECORDED MAIL TO: Exchange Bank P.O. Box 760 #14 LaBarre Gibbon, NE 68840 FOR RECORDER'S USE ONLY DEED OF TRUST p~ THIS DEED OF TRUST is dated April 27, 2010, among LBE FAMILY LIMITED PARTNERSHIP ("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (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 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 rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of Nebraska: A TRACT OF GROUND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW 1 /4 SW 1 /4) OF SECTION TWENTY-ONE (21), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 559.4 FEET WEST OF THE SOUTHEAST CORNER OF THE SW1/4 OF THE SW1/4 OF SAID SECTION 21: THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE EAST BOUNDARY LINE OF SAID SW1/4 OF THE SW1/4 OF SAID SECTION, TOWNSHIP AND RANGE, A DISTANCE OF 240.7 FEET; THENCE IN A WESTERLY DIRECTION PARALLEL WITH THE SOUTHERLY LINE OF SAID SW1/4 OF THE SW1/4, A DISTANCE OF 96.1 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST BOUNDARY LINE OF SAID SW1/4 OF THE SW1/4, A DISTANCE OF 240.7 FEET TO THE SOUTHERLY LINE OF SW1 /4 OF THE SW1 /4 OF SAID SECTION 21; THENCE EASTERLY ON SAID SOUTHERLY LINE OF SW114 OF THE SW1/4 OF SAID SECTION 21, A DISTANCE OF 96.1 FEET TO THE POINT OF BEGINNING; SUBJECT, HOWEVER, TO THE HIGHWAY RIGHT-OF-WAY OVER THE SOUTHERLY PORTION THEREOF. The Real Property or its address is commonly known as 2010 W STOLLEY PARK RD, GRAND ISLAND, NE 68803. The Real Property tax identification number is 400147939. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest 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 or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest thereon. 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 and Trustor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly 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;